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HomeMy WebLinkAboutCity Packets - City Council - 06/17/2025 - RegularCITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, JUNE 17, 2025 6:30 PM 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order 1.2 Invocation 1.3 Pledge of Allegiance to the United States Flag 1.4 Salute to the Texas Flag 1.5 Items of Community Interest 1.6 Receive presentation from the Library regarding upcoming events and activities. (Charters) 2.0 CITIZEN INPUT 3.0 WORK SESSION 3.1 Receive a presentation on the Community Development & Parks Master Plan 2025 Update. (Lehmann) 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 June 3, 2025 and Special Session meeting minutes from June 9, 2025. (Stewart) 4.2 Consider accepting Jonita Harris's resignation from the Library Board. (Council) TO ALL INTERESTED PERSONS Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas to be held at 6:30 PM on TUESDAY, JUNE 17, 2025 at CITY HALL , at which time the following items will be addressed: This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of thirty (30) minutes for items not posted on the current agenda. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda. Those wishing to speak shall submit a Request Form to the City Secretary. The Work Session is for the purpose of exchanging information regarding public business or policy. No action is taken on Work Session items. Citizen input will not be heard during this portion of the agenda. The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items may be removed from this agenda for separate discussion by a Council member. REGULAR SESSION OF THE CITY COUNCIL Agenda Meeting Date: 06/17/2025 1 4.3 Consider approving a resolution authorizing the City Manager to issue a purchase order to Superion, LLC a Central Square Company, in the amount of $57,569.73 for annual maintenance of the Trakit Software. (Browder) 4.4 Consider approving a resolution authorizing the City Manager to execute a TIPS Construction Contract with DHC for site work for the Pickleball Courts Project including sidewalks, electrical hookup and landscaping in an amount not to exceed $199,959.00 to be funded by the Community Development Corporation. (Lehmann) 4.5 Consider approving an ordinance amending the Code of Ordinances by repealing the 2021 Editions of International Codes and adopting the 2024 Editions of the following International Codes - the International Residential Code, International Building Code, International Mechanical Code, International Plumbing Code, International Energy Conservation Code, International Fuel Gas Code, International Swimming Pool and Spa Code, International Existing Building Code, all with local amendments; and repealing the 2020 Edition of the National Electric Code and replacing it with the 2023 Edition of the National Electric Code with local amendments and the addition of the adoption of the 2024 International Property Maintenance Code and the ICC A117.1-2017. (Chumley) 4.6 Consider approving an ordinance amending the ventilation requirements in The Code of Ordinance section 6-183 -Smoking areas designated. (Chumley) 4.7 Consider approving a resolution for a budget adjustment in the amount of $18,729.94 for a grant reimbursement from the Office of the Governor for Cybersecurity Enhancement, Grant Number 5220701. (Beam) 4.8 Consider approving a resolution authorizing the City Manager to approve funding in the amount of $116,287.00 for an emergency purchase order of a 2024 Ford F-550 work truck with an asphalt heater dump bed. (Whitt) 4.9 Consider approving a resolution authorizing the City Manager to award a bid to Yellowstone Landscaping in the amount of $83,402.34 for citywide mowing surrounding pump stations, storage tanks, and lift stations needed throughout the city. (Whitt) 4.10 Consider approving a resolution authorizing the City Manager to reject all bids "Request for Proposals" (RFP) submitted for Pump Station 2 EI&C Upgrades - Bid #66-25-01. (Whitt) 4.11 Consider approving a resolution authorizing the City Manager to execute a purchase order in the amount of $809,675.00 with Graybar Omnia Public for the purchase and installation of a Motor Control Center at the Office Creek Water Treatment and Pump Station. (Whitt) 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with Huitt-Zollars for the design of the New Recreation Center Building Project in an amount not to exceed $1,583,900.00 to be funded by the Community Development Corporation. (Lehmann) 5.2 Discuss and consider approving an ordinance ordering a special election to be held on Tuesday, November 4, 2025, for the purpose of submitting to the qualified voters of the City of The Colony, Texas, seven (7) proposed Home-Rule Charter Amendments. (Shallenburger) REGULAR SESSION OF THE CITY COUNCIL Agenda Meeting Date: 06/17/2025 2 5.3 CONTINUED: Discuss and consider approving an ordinance amending Chapter 8 Section 8-15, entitled "Homestead Exemption" by amending the current homestead exemption. (Miller) 5.4 Discuss and consider appointing members to various boards and commissions. (Council) 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). 6.2 B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). 7.2 B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. EXECUTIVE SESSION NOTICE Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the above items may be considered in executive session closed to the public, including but not limited to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of the attorney's ethical duty to advise the city concerning legal issues arising from an agenda item. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. ADJOURNMENT Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to contact the City Secretary's Office, at 972-624-3105 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. REGULAR SESSION OF THE CITY COUNCIL Agenda Meeting Date: 06/17/2025 3 _________________________________________ Tina Stewart, TRMC, CMC, City Secretary CERTIFICATION I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5:00 p.m. on the 12th day of June, 2025. REGULAR SESSION OF THE CITY COUNCIL Agenda Meeting Date: 06/17/2025 4 Agenda Item No: 1.5 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Items of Community Interest Background: 5 Agenda Item No: 1.6 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Library Item Type: Announcement Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Receive presentation from the Library regarding upcoming events and activities. (Charters) Background: 6 Agenda Item No: 3.1 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Parks & Recreation Item Type: Presentation Agenda Section: work session Suggested Action: Receive a presentation on the Community Development & Parks Master Plan 2025 Update. (Lehmann) Background: Attachments: DRAFT The Colony Community Development and Parks Master Plan.pdf 7 The Colony Community Development & Parks Master Plan Draft 5.30.2025 2025 Update 8 This page intentionally left blank for the Resolution. Review draft 5.30.2025 iiiii The Colony Community Development & Parks Master Plan 2025 Update City of The Colony Contact: Jackie Kopsa, Community Services Director Calvin Lehmann, Park Development Manager 5151 N Colony Boulevard The Colony, Texas 75056 Office: 972-625-1106 MHS Planning & Design Team: Hunter Rush, Senior Planner & Partner Zach Clark, Planner Jonathan Povoski, Graphic Designer 12222 Merit Drive, Suite 1560 Dallas, Texas 75251 Office: 214.845.7008 9 Review draft 5.30.2025 vAcknowledgements00The City of The Colony and MHS Planning and Design would like to thank the following community members for their involvement in the development of this plan. City Council: Richard Boyer, Mayor Judy Ensweiler, Mayor Pro-Tem, Place 1 At-Large Robyn Holtz, Place 2 At-Large Brian Wade, Place 3, Single Member District Dan Rainey, Place 4, Single Member District Perry Schrag, Place 5, Single Member District Joel Marks, Deputy Mayor Pro-Term, Place 6, Single Member District Community Development Corporation Allen Harris, President Joshua Knapp, Vice President Kathy Ray, Secretary Wes Bledsoe, Treasurer Dan Mahle, Member Randy Dull, Member Jim Owens, Member City Staff: Troy Powell, City Manager Jackie Kopsa, Community Services Director Calvin Lehmann, Parks Director Manager Brant Shallenburger, Director of Government Relations Brian Vonderlin, Recreation Manager Marlisa Jemison, Parks Manager Chase Smith, Park Project Manager A special thank you to the citizens of The Colony for your participation in the planning process and for being strong advocates for our park system. 10 Review draft 5.30.2025 viiTable of Contents00 Introduction 8 Plan Outline 9 Plan Goals 10 Community Context Updates 12 Impact of Parks and Recreation 14 Economic Impacts 15 Accomplishments 16 Completed Projects 18 Impact of Parks and Recreation 21 Parks Inventory 22 Parks Classification Summary 23 Park Inventory 30 Public Engagement 48 Goals & Objectives 52 Park Goals 53 Natural Open Space Goals 54 Administrative Action Goals 55 Level of Service 56 Methodology 57 Recommended LOS 57 Maintenance Analysis 64 Needs Assessment 72 Existing Parks 73 Trails 73 Athletics 74 Natural Areas & Open Spaces 74 Multi-Generational Needs 75 Park System Priorities 75 Recommendations 76 New and Existing Parks 77 Trails 77 Athletics 79 Natural Area & Open Spaces 79 Implementation Schedule 80 Short-Term Projects 82 Mid-Term Projects 83 Long-Term Projects 84 On-Going Projects 85 Funding Sources 87 11 Review draft 5.30.2025 9 01 IntroductionThe 2025 Update to the City of The Colony’s Community Development & Parks Master Plan is intended to monitor the city’s progress pertaining to the improvement of the park system and to ensure the plan continues to align with the needs of the community. This plan begins with an introduction to the community and park system and is followed by the findings from community engagement, the recreational needs of the community, recommendations to address these needs, and concludes with a schedule of projects for the city to best meet these needs. Plan Outline The 2025 Update to the City of The Colony’s Community Development & Parks Master Plan has been divided into the following eight chapters: Chapter 1 – Introduction: This chapter introduces the reader to the purpose of this plan. The goals and objectives will be identified along with a summary of the demographics of the community and the importance of public parkland. Chapter 2 – Accomplishments: This chapter identifies projects the Parks and Recreation Department has successfully started and/or fully implemented over the past five years. Chapter 3 – Parks Inventory: This chapter provides an assessment of the existing parks system and updates the classification tables. Chapter 4 – Community Engagement: This chapter highlights the engagement efforts that were utilized to collect resident feedback specifically, the community survey, stakeholder interviews, and city hall meetings – with a summary of the findings. Chapter 5 – Needs: This chapter utilizes the information in this plan to identify the recreational gaps within the community. Chapter 6 – Level of Service Analysis: This chapter specifically looks at the recreational level of service (LOS) provided by the city and compares the city to benchmark communities. Chapter 7 – Recommendations: This chapter is a culmination of the information within this plan and outlines specific projects for the city to best meet the recreational needs of the community. Recommendations within this chapter generally fall into one of three categories – new parkland development, existing park enhancements, and programming. Chapter 8 – Implementation Schedule: This chapter is intended to be a guide for the development of the park system for the next five years. Projects have been grouped into specific years and have an estimated cost associated with them. 12 Review draft 5.30.2025 1110 The Colony Parks and Recreation Mission: To enhance the quality of life for all citizens of The Colony by providing a variety of safe, modern, and affordable Parks and Recreation facilities and activities to meet the diverse and growing needs of our community. Plan Goals: To track improvements to the park system To engage with the residents To ensure the proposed projects continue to align with the vision of the community To identify recreational gaps within the community To proposed recommendations to address these needs To provide a schedule for the improvement of the park system To seek funding opportunities when available 13 18,014 Households Housing Types 50,000 40,000 30,000 20,000 10,000 1980 1990 2000 2010 2020 2029 Population 37.1 Median Female Age 37.2 Median Overall Age 37.3 Median Male Age 21.2%Hispanicor Latino(of any race) Race 1312 Community Context Updates Population Growth Race and Ethnicity Housing Types Population Pyramid Review draft 5.30.2025 14 1514 Impact of Parks and Recreation According to the National Park and Recreation Association (NRPA), parks have a wide variety of positive impacts throughout the community. Economic Impacts: Parks have a significant impact on the economy. • U.S. Parks and Recreation Agencies generated $201 billion in economic activity in 2021. • U.S. Parks and Recreation Agencies supported more than 1.1 million jobs in 2021. Business Impacts: Parks and Recreation facilities attract businesses. • Employers are more than likely to locate near high-quality park and recreation amenities. • 87% of corporate executives say quality-of-life is an important factor they consider when making new facility, expansion, or relocation plans. Residential Impacts: Parks create environments where people want to live. • Nearly 75% of U.S. adults say that access to a nearby park, playground, open space, or recreation center is an important factor in deciding where they want to live. • Housing units adjacent to passive parks are attributed to having a home value premium of eight to ten percent. Environmental Impacts: Parks play an important role in preserving and conserving the natural environment. • Approximately one-fourth of the land area in Texas is located within the 1 percent of 0.2 percent floodplain. The conservation of this land, either for natural areas and/or greenbelts or linear parks can reduce the risk of urban flooding. • Denton County is home to approximately 60 species of rare, threatened, or endangered wildlife and fauna. The preservation of park land can ensure these animals and plants can be protected. Economic Impact of Local Public-Private Partnerships The Colony has successfully developed several public-private partnerships with organizations who develop and/or operate recreational facilities for the community. These partnerships generate revenue for the city through lease agreements. The city has received $5.5 million in direct revenue from lease payments over the past 15 years. The following partnerships contribute a total of $40 million in private capital development for public recreation facilities in The Colony: • Tribute Golf Course: $14 million • Old American Golf Course: $14 million • Hawaiian Falls: $8 million • Stewart Peninsula Golf Course: $2 million • Blue Sky Sports Center: $2 million Review draft 5.30.2025 15 17 02 Accomplishments2019 – 2024 Accomplishments One of the primary goals of this plan is to identify the accomplishments from the Parks and Recreation Department since the adoption of the 2019 Master Plan. The city has successfully implemented several of the projects identified in the 2019 Master Plan, including: • Continue to develop the Park Loop Trail along the Oncor Easement • Construct Splashpad Phase I • Replace soccer fields playground at Five Star (West) • Develop West Shore Park • Provide erosion improvements at Bill Allen Park • Replace baseball field area playground at Five Star Complex (West) • Replace playground at Bill Allen Memorial Park • Update and enhance Stewart Creek Park • Enhance areas along Shoreline Trail • Construct a trail connection along the Oncor easement from North Colony Boulevard to Squires Drive • Implement Green City and City Works asset management and work order system • Implement a bike rack for businesses grant program • Complete and implement an on-street bike route signage plan • Review approved tree list and revise tree ordinance • Incorporate trails and bikeways to Master Thoroughfare Plan • Complete a rec center feasibility study for Five Star East location • Construct a splashpad • Update and Enhance Five Star Complex (West) and maintenance area • Replace field lights at Bridges Park • Update and enhance Pawsome Playground Dog Park • Update CDC/Parks Master Plan • Update and enhance Lion’s Club Park • Update and enhance Turner Athletic Complex • Continue to develop the city-wide trail system according to the 2017 Trails and Bikeways Master Plan • Install art along pedestrian and traffic corridors and continue to provide median enhancements and landscaping improvements • Continue to program recreational activities in parks and natural areas Review draft 5.30.2025 16 1918 Projects The Colony has successfully implemented include: Continue to develop the Park Loop Trail along the Oncor easement The Park Loop Trail was expanded during 2019 to improve connectivity and walkability within the community and now provides 3.5 miles of continuous paved trail. Construct Splashpad Phase I The City installed a splash pad at Kids Colony Splash Park in 2022. The splash pad is operational during the Summer, between Memorial Day through September 30. This provides children and families with an opportunity to cool off from the summer heat. Replace the soccer fields playground at Five Star (West) The City replaced the playground equipment at Five Star (West) adjacent to the soccer fields back in 2023. This equipment encompasses approximately 2,150 square feet, is in excellent condition, and is not anticipated to be replaced until 2043. Develop West Shore Park The City successfully developed West Shore Park, a 1.14-acre neighborhood park. West Shore Park contains playground equipment, BBQ grilling stations, and a covered pavilion. Replace the baseball field area playground at Five Star (West) The City replaced the playground equipment at Five Star (West) adjacent to the baseball fields in 2023. This equipment encompasses approximately 2,580 square feet, is in excellent condition, and is not anticipated to be replaced until 2043. Replace playground at Bill Allen Memorial Park The City began work on the enhancement of Bill Allen Memorial Park in 2024. The playground has been replaced and now encompasses approximately 6,340 square feet, is in excellent condition, and is not anticipated to be replaced until 2044. This facility now includes a berm hill and is the first playground to utilize synthetic turf for surfacing within the city. Update and enhance Stewart Creek Park The City improved Stewart Creek Park with new supporting facilities, which allows the park to be better activated. The improvements included swimming buoys, an automated park entry system and extra entry lane, boat ramp exit road, event pavilion, new gatehouse, shade over picnic tables, and security cameras. Enhance areas along Shoreline Trail The City is in the process of improving the shoreline at Stewart Creek Park to combat erosion. The shoreline has been cut back to where it is stable and has been filled with large rocks. This project also included the relocation of the trail in eroded areas, replacement of interpretive signage, and the installation of pollinator gardens. Construct a trail connection along the Oncor easement from North Colony Boulevard to Squires Drive The City has expanded the Park Loop Trail (Segment 1A) which now provides continuous access from Squires Drive to Taylor Street. Implement Green City and City Works asset management and work order system The City has successfully implemented both Green City and City Works and now can operate more efficiently. Implement a bike rack for businesses grant The City has developed a bike rack for businesses program which encourages commercial developments to provide opportunities for residents to bike to the facilities. The City will provide one bike rack for businesses, while additional racks are available for purchase. Complete a rec center feasibility study for Five Star East location The Colony developed a feasibility study for a recreation center in 2020 and is in the process of acquiring funds for the renovations. Complete a rec center feasibility study for Five Star East location The Colony developed a feasibility study for a recreation center in 2020. Construct a splashpad The City installed a splashpad at Kids’ Colony Park which is available from Memorial Day through September 30. Update and enhance Five Star Complex (West) and maintenance area The City enhanced Five Star Complex (West) with the addition of security cameras, a maintenance yard expansion, and concrete/general repairs. Update and enhance Pawsome Playground Dog Park The City has replaced and improved lighting facilities at Pawsome Playground Dog Park. Review draft 5.30.2025 17 2120 Update and enhance Lion’s Club Park The City has recently updated replaced the roof on the pavilion and added accessible electricity. Continue to develop the city-wide trail system according to the 2017 Trails and Bikeways Master Plan The City has continuously developed new trails that were identified from the 2017 Trails and Bikeways Master Plan. Install art along pedestrian and traffic corridors and continue to provide median enhancements and landscaping improvements The Colony has a high-quality reputation for their art and median landscaping and has continued to implement these when available. Continue to program recreational activities and in parks and natural areas The City has a well-diversified programming system and continues to add or remove programs based on community feedback. Projects The Colony is currently implementing include: Provide erosion improvements at Bill Allen Park Bill Allen Memorial Park has significant erosion concerns and the City is in the design phase with an engineering firm to address these issues. Replace field lights at Bridges Park The City started replacing the baseball field and tennis courts lights at Bridges Park in May of 2025. Update CDC/Parks Master Plan The City is currently developing the updated Community Development and Parks Master Plan, and is anticipating an adoption date of mid-summer 2025. Update and enhance Turner Athletic Complex The City identified the need to improve the Turner Athletic Complex. So far, the City has replaced the field lighting and is in the process of developing a conceptual master plan for the site; the city will improve the facility based on this master plan. Review draft 5.30.2025 18 23 03 Parks InventoryParks Inventory Update Over the past five years, the Parks and Recreation Department has continued to improve the parks system by developing new parks and enhancing existing ones. New parks that have been developed since the 2019 Master Plan include: • West Shore Park Parks Classification Summary The Colony’s parks system is divided into nine categories, each with their own intended site purposes, service areas, and amenities. The nine types of parks include: • Undeveloped Parks • Neighborhood Parks • Community Parks • Regional Parks • Athletic Facilities • Special Use Parks • Recreational Facilities • Natural Areas • Greenbelts and Trails Undeveloped Parks Undeveloped parks are city-owned land with the future intent of being developed as parks. Undeveloped parks are vacant lots and can vary in size. The following properties in The Colony are classified as undeveloped parks: • August Park • Squires Drive Park Review draft 5.30.2025 19 2524 Neighborhood Parks Neighborhood parks are typically five to ten acres and provide opportunities for active and passive recreation. Neighborhood parks serve a one-and-a-half-mile radius and are usually within walking or biking distance for residents in the surrounding neighborhood. The amenities provided typically include playgrounds, picnic areas, pavilions, sport courts, unlighted play fields, walking / jogging trails, natural open spaces, parking, and restrooms. The Colony provides 12 neighborhood parks: • Austin Ranch Park • Carr / Chapman Park • Dave Cowan Park • Friendship Park • Lion’s Club Park • Perryman Park • Ridgepointe Park • Scout Park • Slay / Baker Park • Taylor Street Park • Wilcox Park Community Parks Community parks are usually 40 to 100 acres and provide a wide variety of opportunities for recreation, both active and passive. Community parks serve a two-mile radius and while residents may be encouraged to travel to the park through walking or biking, driving is likely a popular way for residents to access these parks. Community parks generally have facilities such as sports fields / courts, spraygrounds, amphitheaters, disc golf courses, multi-purpose trails, playgrounds, pavilions, picnic areas, open spaces, parking, and restrooms. The Colony provides two community parks: • Bill Allen Memorial Park • Kids’ Colony Park Regional Parks Regional parks provide community-based recreation at a larger scale and may include unique amenities, recreational opportunities, and promote tourism. The size of a regional park varies depending on the specific use; however, they are generally a minimum of 50 acres and serve those within a ten-mile radius. Regional parkland can encompass a large area and may be owned or leased by the city. The City owns three regional parks: • Five Star Complex – East (Hawaiian Falls) • Five Star Complex – West • Turner Athletic Complex The United States Army Corps of Engineers (USACE) owns land along the lake which includes dedicated parkland and Wildlife Management Areas. The Colony leases 2,167.17 acres of land from the USACE, and the land is either maintained and operated by the city or subleased to a private entity with a public-private partnership. Of the 2,167.17 acres of leased land, a total of 1,567.15 acres are classified as regional parkland: • Eastvale (Blue Sky) • Hidden Cove Park and Marina • Stewart Creek Park ·Stewart Peninsula Golf Course • Wynnewood Park ·Old American Golf Course ·Tribute Golf Course Review draft 5.30.2025 20 Name of the Park City-Owned USACE Owned and Leased to the City Operated & Maintained by the City Subleased to a Private Entity to Operate Eastvale Park (Blue Sky)X X Five Star Complex (West)X X X Five Star Complex (East) (Ha- waiian Falls)X X Hidden Cove Park and Marina X X Stewart Creek Park X X Stewart Peninsula Golf Course X X Turner Athletic Complex X X Wynnewood Park X X Old American Golf Course X X Tribute Golf Course X X 2726 The following table clarifies the regional parks within The Colony: Athletic Facilities Athletic facilities can be designed for a single recreational purpose - i.e. baseball fields - or they can be multi-purpose, serving a variety of community members – i.e. multi-purpose sport fields for soccer and football. Athletic facilities vary in size based on the intent and serve specific user groups, typically youth and/or adult athletic organizations. Facilities are usually lighted to maximize the usability of the facilities and can accommodate practices and games. The Colony provides four athletic facilities: • BB Owens Softball Comple • Bridges Park • Camey Soccer Complex • North Colony Baseball and Softball Complex Special Use Parks Special use parks are designed for a specific recreational purpose, generally providing a space for residents with similar interests to recreate, and may provide facilities such as dog parks, skate parks, cemeteries, etc. There are no standard sizes for special use parks as they are dependent on the intent of the park. The Colony provides five special use parks: • Bridges Cemetery • Greenway Park • Historical Park • Pawsome Playground Park • Wheel Zone Bike & Skate Park Recreational Facilities Recreational facilities are similar to special use parks; however, they are designed to provide recreational opportunities for several hours at a time, and may include facilities such as indoor recreation centers, aquatic parks, community theaters, senior centers, event venues, or community centers. While most recreational facilities are used for specific purposes, they can also be multi-purpose allowing the city to accommodate changing interests and trends with minor improvements to the facility itself. Most recreational facilities are indoor and provide year-round active and passive recreational opportunities. Review draft 5.30.2025 21 Natural Areas Outside Park Boundaries Within Park Boundaries Wildlife Management Areas BB Owens Softball Complex Ridgepointe Park Bill Allen Memorial Park Stewart Creek Park Eastvale Park (Blue Sky)Turner Athletic Complex Hidden Cove Park & Marina Wynnewood Park (Tribute) 2928 The Colony provides three recreational facilities: ·Community / Senior Center ·The Colony Aquatic Park ·The Colony Recreation Center Natural Areas Natural areas provide a change of scenery from the urban environment and usually contain few man-made features. Natural areas often contain specific cultural or historical resources and/or have an aesthetic appeal with resources such as creeks, lakes, wetlands, wilderness areas, forests, open meadows, and topography changes. Natural areas provide countless benefits, including the preservation and conservation of ecosystems and habitats, nature education, opportunities for passive, primitive, and active recreation, and storage of flood water. Approximately 600 acres of Wildlife Management Areas along the shoreline of Lewisville Lake are leased by the city from the USACE. The Colony provides nine natural areas, either within or outside of park boundaries: Greenbelts and Trails Greenbelts are linear parks with trails that are usually developed around a natural resource such as a creek, drainage way, river, lake shore, or utility corridor. Greenbelts preserve valuable open spaces and natural habitats while offering a natural environment for walking, jogging, cycling, etc. Greenbelts improve the connectivity of a community by linking neighborhoods to parks, schools, and shopping areas relatively free from automobile interference. Greenbelts are natural buffers between land uses, serve as utility easements, and can usually be acquired at a relatively inexpensive price due to the restrictions on development. Design standards for greenbelts are relatively flexible to allow the maximum use of the natural environment in the design. Greenbelt corridor widths are often determined by the existing topography, severity of flooding, and other unique natural features. Greenbelt corridor widths of less than 25 “usable” feet should be avoided and narrow corridor sections kept to a minimum. The Colony provides 11 greenbelts and trails: • Austin Ranch Trail • Grandscape Trails • Lebanon Trail • Main Street (FM423) Trail • North Colony Trail • Park Loop Trail • Plano Parkway Trail • Shoreline Trail • South Colony Trail • Taylor Street Greenbelt • Tribute Nature Trail Review draft 5.30.2025 22 Undeveloped Parks Name Total Acres Developed Acres Facilities Augusta Park 1.80 0 - Open Space Squires Drive Park 7.61 0 - Hike and Bike Trail - Open Space TOTAL ACRES 9.41 0 Neighborhood Parks Name Total Acres Developed Acres Facilities Austin Ranch Park 2.95 2.95 - Hike and Bike Trail - Multi-Purpose Field Carr / Chapman Park 1.24 1.24 - Basketball (half court) - BBQ Grills - Benches - Litter Receptacles - Pavilion - Picnic Tables - Playground - Security Lighting Dave Cowan Park 2.32 2.32 - BBQ Grill - Benches - Litter Receptacles - Pavilion - Picnic Tables - Playground - Security Lighting Friendship Park 1.64 1.64 - Basketball (full court) - BBQ Grill - Benches - Hike and Bike Trail - Litter Receptacles - Pavilions - Picnic Tables - Playground Lion’s Club Park 7.34 7.34 - BBQ Grill - Benches - Fishing Pond - Hike and Bike Trail - Horseshoe Pit - Litter Receptacles - Off Street Parking (with ADA parking) - Pavilion - Picnic Tables - Playground - Security Lighting - Trailhead Perryman Park 2.98 2.98 - BBQ Grill - Benches - Hike and Bike Trail - Litter Receptacles - Off Street Parking (with ADA parking) - Pavilion - Picnic Tables - Playground - Security Lighting Neighborhood Parks (cont’d) Name Total Acres Developed Acres Facilities 3130 Park Inventory Review draft 5.30.2025 23 Ridgepointe Park 14.69 1.10 - BBQ Grill - Benches - Hike and Bike Trail - Litter Receptacles - Off Street Parking (with ADA parking) - Pavilion - Picnic Tables - Playgrounds - Nature Area - Trailhead Scout Park 5.37 5.37 - Benches - Covered Picnic Tables - Fishing Pond - Foot Bridge - Hike and Bike Trail - Litter Receptacles - Picnic Tables Slay / Baker Park 2.49 2.49 - Basketball (half court) - Benches - Litter Receptacles - Pavilion - Picnic Tables - Playground Neighborhood Parks (cont’d) Name Total Acres Developed Acres Facilities TOTAL ACRES 57.43 32.58 Taylor Street Park 13.36 2.10 - Backstop - Bleachers - Creek - Hike and Bike Trail - Memorial Monument - Off Street Parking - Pedestrian Bridge - Multi-Purpose Field .Wilcox Park 1.91 1.91 - Bench - Litter Receptacle - Picnic Table - Playground West Shore Park 1.14 1.14 - Playground - BBQ Grill - Pavilion Neighborhood Parks (cont’d) Name Total Acres Developed Acres Facilities 3332 Review draft 5.30.2025 24 Community Parks Name Total Acres Developed Acres Facilities TOTAL ACRES 51.67 26.31 Bill Allen Memorial Park 48.77 23.41 - Amphitheater - Basketball (full court) - Benches - Creek - Disc Golf Course - Fishing Pier - Fishing Pond - Hike and Bike Trail (lighted) - Litter Receptacles - Nature Area - Nature Trail (0.6-mile looped trail) - Off Street Parking (with ADA parking) - Pavilion - Picnic Tables - Playground - Security Lighting Kids’ Colony Park 2.90 2.90 - Basketball (full court) - Benches - Little Receptacles - Pavilion - Picnic Tables - Playgrounds - Off Street Parking (with ADA parking) - Security Lighting Regional Parks Name Total Acres Developed Acres Facilities Eastvale Park (Blue Sky Sports Center) (A Corps of Engineers prop- erty leased to The Colony; subleased to a private entity) 55.00 27.80 - Indoor Multi-Purpose Fields - Indoor Restroom Facility - Litter Receptacles - Nature Area - Off Street Parking (with ADA parking) - Offices - Outdoor Soccer Fields (lighted) - Security Lighting - Wildlife Management Area Five Star Complex West 76.66 76.66 - Creek - Baseball / Softball Fields (light- ed) - BBQ Grill - Benches - Bleachers - Concession Building / Re- stroom - Drinking Fountains - Event Venue - Soccer / Football Field (lighted) - Hike and Bike Trail (lighted) - Litter Receptacles - Maintenance Building Yard - Off Street Parking (with ADA parking) - Offices - Pavilions - Picnic Tables - Playgrounds - QR Fitness Trail - Scoreboards - Security Lighting - Soccer Fields (lighted) - Veterans Memorial 3534 Review draft 5.30.2025 25 Regional Parks (cont’d) Name Total Acres Developed Acres Facilities Five Star Complex East (Hawaiian Falls) (A City property leased to a private entity) 33.27 18.67 - Cabanas - Litter Receptacles - Lockers - Off Street Parking (with ADA parking) - Offices - Picnic Tables - Restaurant / Concessions - Restroom - Spraypool - Water Park Hidden Cove Park & Marina (A Corps of Engineers prop- erty leased to The Colony; subleased to a private entity) 600.00 152.20 - BBQ Grill - Benches - Boat Marina - Boat Ramp - Bunk Houses - Cabins - Camp Sites - Conference Center - Covered Picnic Tables - Gatehouse / Office - Hike and Bike Trail - Horseshoe Pits - Maintenance Building/Yard - Nature Area - Nature Trail - Off Street Parking (with ADA parking) - Pavilions - Picnic Tables - Playgrounds - Restaurant - Restrooms - RV / Boat Storage Facility - RV Sites with water / electric - Sewer Plant - Storage Facility - Vending Machines - Volleyball Courts - Water/Electric Hookups - Water Well - Wildlife Management Area Regional Parks (cont’d) Name Total Acres Developed Acres Facilities Stewart Creek Park (A Corps of Engineers proper- ty leased to The Colony) 130.00 103.6 (INTENTIONALLY LEFT BLANK) Stewart Creek Park (The Colony Parks & Recreation) 65.00 38.60 - Backstop - BBQ Grills - Beach - Boat Ramp - Covered Picnic Tables - Drinking Fountain - Event Venue - Fishing Pier - Hike and Bike Trail - Horseshoe Pits - Human Sundial - Lewisville Lake Access - Litter Receptacles - Memorial Sundial - Nature Area (0.5-mile trail) - Off Street Parking (with ADA parking) - Pavilion - Picnic Tables - Playground - Restroom - Security Lighting - Trailhead - Volleyball Courts Stewart Peninsula Golf Course (Subleased to a private entity) 65.00 65.00 - Clubhouse - Driving Range - Golf Course - Lewisville Lake - Off Street Parking (with ADA parking) - Offices - Restaurant - Restroom 3736 Review draft 5.30.2025 26 Turner Athletic Complex 26.68 10.68 - Bleachers - Concession / Restroom - Creek - Litter Receptacles - Memorial - Off Street Parking (with ADA parking) - Security Lighting - Soccer Fields (lighted) Wynnewood Park (The Tribute) (A Corps of Engineers proper- ty leased to The Colony) 650.00 384.00 - Lewisville Lake Access - Nature Area - Old American Golf Course - Tribute Golf Course - Tribute Nature Trail - Wildlife Management Area Old American Golf Course (Subleased to a private entity) 143.00 143.00 - Clubhouse - Driving Range - Fire Pit - Golf Course - Historical Railroad Bridge - Lewisville Lake Access - Litter Receptacles - Off Street Parking (with ADA parking) - Restaurant - Restrooms - Trailhead Regional Parks (cont’d) Name Total Acres Developed Acres Facilities Tribute Golf Course (Subleased to a private entity) 263.00 241.00 - Banquet / Meeting Space - Clubhouse - Golf Course - Lewisville Lake - Off Street Parking (with ADA parking) - Offices - Pro-Shop - Restaurant - Restroom Total Acres 1,571.61 773.61 Athletic Facilities Name Total Acres Developed Acres Facilities BB Owens Softball Complex 20.00 10.13 - Bleachers - Creek - Litter Receptacles - Maintenance Yard - Multi-Purpose Field (lighted) - Nature Area - Off Street Parking (with ADA parking) - Pond - Restroom - Scoreboards - Security Lighting - Softball Field (lighted) Bridges Park 22.01 9.10 - Baseball Field (lighted) - Bleachers - Creek - Hike and Bike Trail - Memorial Monument - Off Street Parking (with ADA parking) - Scoreboard - Security Lighting - Tennis / Pickleball Courts (light- ed) Camery Soccer Complex 4.93 4.93 - Bleachers - Litter Receptacles - Off Street Parking - Portable Lighting - Soccer Fields North Colony Baseball & Softball Complex 16.77 16.77 - Baseball Fields (lighted) - Baseball Fields (unlighted) - Bleachers - Concession / Restroom - Hike and Bike Trail - Litter Receptacles - Off Street Parking (with ADA parking) - Security Lighting - Softball Field (lighted) TOTAL ACRES 63.71 40.93 3938 Review draft 5.30.2025 27 Special Use Parks Name Total Acres Developed Acres Facilities Bridges Cemetery 1.67 1.67 - Benches - Gravestones - Texas Historical Marker Greenway Park 2.22 2.22 - Creek - Hike and Bike Trail - Historical Bridge - Memorial Monument Historical Park 0.5 0.5 - Historical Monument - Decorative Light Pole - Electric Hookup - Time Capsule Pawsome Playground Dog Park 4.50 4.50 - Benches - Litter Receptacles - Off Street Parking (with ADA parking) - Pavilion - Security Lighting Total Acres 9.57 9.57 Wheel Zone Bike & Skate Park 0.68 0.68 - Benches - Bike Racks - Bleachers (Covered) - Litter Receptacles - Off Street Parking (with ADA parking) - Skatepark / BMX Park Special Use Parks (cont’d) Name Total Acres Developed Acres Facilities Community/Senior Center 2.38 2.38 - Game Room - Kitchen - Meeting Rooms - Offices - Off Street Parking (with ADA parking) - Restrooms The Colony Recreation Center 2.90 2.90 - Classrooms - Common Game Area - Gymnasium - Meeting Room - Offices - Off Street Parking (with ADA parking) - Racquetball Court - Workout / Fitness Room The Colony Aquatic Park 4.57 4.57 - BBQ Grill - Creek - Fitness / Lap Pool - Leisure Pool - Litter Receptacles - Offices - Off Street Parking (with ADA parking) - Pavilions - Spraypool - Volleyball Court Total Acres 9.85 9.85 4140 Review draft 5.30.2025 28 Natural Areas Name Total Natural Acres Amenities within Natural Areas Softball Complex 9.70 - Benches - Litter Receptacles - Nature Areas Bill Allen Memorial Park 25.36 - Benches - Litter Receptacles - Mile Markers - Nature Areas - Trails Eastvale (Blue Sky) Park 27.20 - Nature Areas - Shoreline of Lewisville Lake Hidden Cove Park and Marina 447.80 - Benches - Litter Receptacles - Mile Markers - Nature Areas - Shoreline of Lewisville Lake - Trails Ridgepoint Park 13.59 - Benches - Interpretive Signage - Litter Receptacles - Mile Markers - Nature Areas - Shoreline of Lewisville Lake - Trails Natural Areas WITHIN PARKS (acreage totals included in previous categories) BB Owens Total Acres 832.25 (Included in park acreage totals shown previously) Turner Athletic Complex 15.90 - Benches - Litter Receptacles - Nature Areas Wynnewood Park 266 - Benches - Interpretive Signage - Litter Receptacles - Mile Markers - Nature Areas - Shoreline of Lewisville Lake - Trails Total Acres 600.00 USACE Leased Wildlife Management Areas (Not in parks, within City Limits and ETJ) 600.00 - Benches - Interpretive Signage - Litter Receptacles - Mile Markers - Trails USACE WILDLIFE MANAGEMENT AREAS Natural Areas (cont’d) Name Total Natural Acres Amenities within Natural Areas 4342 Review draft 5.30.2025 29 Austin Ranch Park 3.41 10’- Hike and Bike Trail Bill Allen Trail 0.60 6’ & 10’ - Benches - Trash Receptacles - Nature Areas Five Star Trail 1.43 10’ - Benches - Trash Receptacles - Dog Waste Stations - QR Fitness Stations Grandscape Trails 0.92 10’- Hike and Bike Trail Hidden Cove Trail 2.28 Varies - Nature Areas Greenbelts & Trails Name Length (in miles) Trail Width FacilitiesTrail Surface Concrete Concrete Concrete Concrete Natural Main Street (FM423) Trail 2.95 10’- Hike and Bike Trails - Art PanelsConcrete Lebanon Trail 2.80 2’ (PIP) & 8’ (Concrete) - Hike and Bike Trail - Foot Bridge Poured in Place (PIP) Rub- ber and Concrete North Colony Trail 4.60 10’ - Hike and Bike Trails - On-Street Bike Route Concrete Total Miles 32.98 Park Loop Trail 3.82 10’ - Creek - Foot Bridge - Hike and Bike Trail - Memorial Monument Shoreline Trail 3.32 10’ - Bike Maintenance Station - Bike Rack - Hike and Bike Trail - Lake - Trailhead Map South Colony Trail 1.20 6’- Hike and Bike Trail - On-Street Bike Route Concrete Decomposed Granite Concrete Tribute Shoreline Nature 5.00 8’ - Bike and Maintenance Station - Bike Rack - Hike and Bike Trail - Kayak Launch - Lake - Restroom - Trailhead Decomposed Granite Stewart Creek Trail 0.65 10’ - Playground - Benches - Restroom Decomposed Granite Greenbelts & Trails (cont’d) Name Length (in miles) Trail Width FacilitiesTrail Surface 4544 Review draft 5.30.2025 30 Overall Park System Legend Public Parks Private Parks Trails Neighborhood Park Service Area Community Park Service Area Neighborhood Park Service Areas Community Park Service Areas Lake Lewisville Main St 4746 Review draft 5.30.2025 31 Review draft 5.30.2025 49 04 Public EngagementSummary of Findings To better understand the recreational needs and goals of the community, the City developed an online survey and held a pop-up event to engage directly with citizens. A summary of the public engagement findings can be found below: How would you rate the existing parks and recreation facilities? How would you rate the level of maintenance of city parks and recreation facilites? Are additional park and recreation facilities/amenities needed? 32 Ranking Amenity 1 Restrooms 2 Shade 3 Trails 4 Wildfl ower / Pollinator Gardens 5 Sport Courts 6 Lighting 7 Fitness Equipment 8 Drinking Founatins 9 Playgrounds 10 Landscaping 11 Picnic Shelters 12 Fishing Piers 13 Public Art 14 Sport Fields 15 Amphitheaters 16 Spraygrounds 17 Inclusive Play 18 Lawn Games 19 Disc Golf Courses 20 Skate Park / BMX Park Review draft 5.30.2025 5150 The top requested amenities in ranked order:The role of parks, recreation, and open space is more important today comapred to ten years ago. Existing parks should be upgraded/improved. Parks and recreation facilities are an important and beneficial use of tax dollars 33 53 05 Goals & ObjectivesThe Colony identified the goals and objectives that would best align with the vision of the community during the 2019 Community Development and Parks Master Plan. The City has continued to successfully implement projects that serve the residents. The community’s vision of the park system has not significantly changed since the 2019 Plan, and thus the goals and objectives have remained the same. Park Goal: To preserve the hometown feel of the community and its identity as the City by the Lake by providing enhanced recreational opportunities for the residents and visitors to the community. Objectives: • To focus on recreational development that utilizes Lake Lewisville as the City’s primary asset for future recreational opportunities • To investigate options for improved recreational facilities that are cost effective and meet the needs of the community, including studies for new and/or expanding facilities. • To encourage new and increased partnerships with local schools, HOAs, Corps of Engineers, property developers and businesses for the expansion of recreational opportunities for citizens. • To continue enhancing the trail network throughout The Colony, as outlined in The Colony Trails and Bikeways Master Plan and the North Central Texas Council of Governments Veloweb Plan. • To develop a communications plan to inform citizen about amenities, programs, and special events by utilizing various forms of media, including signage, branding, social media, print media, and direct mail/ email. • To work with and mentor youth sports associations to successfully develop their programs. • To continue to offer recreational programming opportunities and incorporate new and innovative programming ideas to meet the needs of the community. Review draft 5.30.2025 34 5554 Natural Open Space Goal: To identify, protect, and preserve quality natural areas in parks, open spaces, and other appropriate areas within The Colony, for the protection of valuable ecosystems, unstructured recreational activities, and inherent aesthetic values. Objectives: • To continue, as the designated stewards, to preserve and protect the lake parks, trails, riparian and wildlife zones on Lewisville Lake, the City’s primary natural asset. • To preserve the valuable existing ecosystems and habitats throughout The Colony and to reestablish ecosystems from threatened pollinator species. • To enhance the aesthetic image of The Colony by beautification in City parks, facilities, trails, and scenic roadways utilizing environmentally appropriate and native species. • To promote the viewing of the natural landscapes and habitats found throughout The Colony as a resource for creative expression and personal solace. Administrative Action Goals: To promote parks and recreation by participating in programs, providing plans, conducting studies, and receiving endorsements that improve Parks and Recreation services and facilities and promote the accolades the department receives as proof of the commitment to the quality of life provided to the citizens of The Colony. Objectives: • To continue to focus and develop trail related projects such as: the national 10-Minute Walk Campaign, construct trails and bike lanes, and apply for trail related grants • To continue developing Community Development & Parks Master Plans and Trails & Bikeways Master Plans. • To apply to become an accredited Parks and Recreation Agency through NRPA. Review draft 5.30.2025 35 57 06 Level of Service AnalysisLevel of Service The Level of Service (LOS) is a measurement of usable park acres per 1,000 persons. The LOS is necessary for City staff and citizens to understand the importance of the role of the park system and to help support essential decisions in future parks, recreation, and open space development. 2025 Level of Service: 22.47 acres per 1,000 persons With an estimated population of 44,916 2030 Projected Level of Service: 21.51 acres per 1,000 persons With a projected population of 46,900 Methodology • All parks, open spaces, and trails were inventoried and only developed park acres were tabulated to determine the LOS. ·It is important to note that HOA parks are not included in the LOS analysis although they do provide space and facilities for usage and meet the recreational needs of the residents. ·Golf courses and private recreational facilities on leased land in The Colony serve as destination attractions, record a high level of citizen usage and positively impact the economy. Therefore, the private recreational providers and golf courses are included in the LOS analysis. • Trails that are found in a park are counted in the greenbelts and trails category, not the park that they are located in. • The total parkland acres were compared to the 2023 population estimate (44,916) to develop a LOS of acres per 1,000 residents. Recommended LOS The Colony originally established a LOS standard of 19.0 acres of developed parkland per 1,000 residents in the 2019 Master Plan. This LOS has allowed the city to provide sufficient parkland for the community, and as such, it is recommended for the City to continue to maintain a minimum LOS of 19.0 acres per 1,000 residents. Review draft 5.30.2025 36 Augusta Park 1.80 0.00 Squires Drive Park 7.61 0.00 TOTAL PARK ACRES 9.41 0.00 Undeveloped Parks Park Total Acres Developed Acres Austin Ranch Park 2.95 2.95 Carr/Chapman Park 1.24 1.24 Total Park Acres 57.45 32.58 Neighborhood Parks Park Total Acres Developed Acres Dave Cowan Park 2.34 2.32 Friendship Park 1.64 1.64 Lion’s Club Park 7.34 7.34 Perryman Park 2.98 2.98 Ridgepointe Park 14.69 1.10 Scout Park 5.37 5.37 Slay/Baker Park 2.49 2.49 Taylor Street Park 13.36 2.10 West Shore Park 1.14 1.14 Wilcox Park 1.91 1.91 Bill Allen Memorial Park 48.77 23.41 Kids’ Colony Park 2.90 2.90 Total Park Acres 51.67 26.31 Community Parks Park Total Acres Developed Acres Eastvale Park (Blue Sky)55.00 27.80 Five Star Complex West 76.66 76.66 Total Park Acres 1,571.61 773.61 Regional Parks Park Total Acres Developed Acres Five Star Complex East (Hawaiian Falls)33.27 18.67 Hidden Cove Park 600.00 152.20 Stewart Creek Park Includes: Stewart Peninsula Golf Course 130 65.00 103.60 65.00 Turner Athletic Complex 26.68 10.68 Wynnewood Park Includes: Old American Golf Course Tribute Golf Course 650.00 143.00 163.00 384.00 143.00 241.00 5958 Review draft 5.30.2025 37 BB Owens Softball Complex 20.00 10.13 Bridges Park 22.01 9.10 Total Park Acres 63.71 40.93 Athletic Facilities Park Total Acres Developed Acres Camey Soccer Complex 4.93 4.93 North Colony Baseball & Softball Complex 16.77 16.77 Bridges Cemetery 1.67 1.67 Greenway Park 2.22 2.22 Total Park Acres 9.57 9.57 Special Use Parks Park Total Acres Developed Acres Historical Park 0.50 0.50 Pawsome Playground Dog Park 4.50 4.50 Wheel Zone Bike & Skatepark 0.68 0.68 Community/Senior Center 2.38 2.38 Recreation Center 2.90 2.90 Total Park Acres 9.85 9.85 Recreational Facilities Park Total Acres Developed Acres The Colony Aquatic Park 4.57 4.57 USACE Leased Wildlife Management 600 0.00 NATURAL AREAS IN PARKS Total Park Acres 600.00 0.00 Natural Areas Park Total Acres Developed Acres BB Owens Softball Complex Included in park totals Bill Allen Memorial Park Included in park totals Eastvale (Blue Sky) Park Included in park totals Hidden Cove Park and Marina Included in park totals Ridgepointe Park Included in park totals Stewart Creek Park Included in park totals Turner Athletic Complex Included in park totals Wynnewood Park Included in park totals 6160 Review draft 5.30.2025 38 Greenbelts & Trails Park Total Acres Developed Acres Total park acres 119.90 acres / 31.98 miles 116.26 acres / 31.98 miles Austin Ranch Trail 12.40 acres (3.41 miles)12.40 acres (3.41 miles) Bill Allen Trail 2.17 acres (0.60 miles)2.17 acres (0.60 miles) Five Star Trail 5.20 acres (1.43 miles)5.20 acres (1.43 miles) Grandscape Trails 3.35 acres (0.92 miles)3.35 acres (0.92 miles) Hidden Cove Trail 8.29 acres (2.28 miles)8.29 acres (2.28 miles) Lebanon Trail 10.18 acres (2.80 miles)10.18 acres (2.80 miles) Main Street Trail (FM 423)10.73 acres (2.95 miles)10.73 acres (2.95 miles) North Colony Trail 16.72 acres (4.60 miles)16.72 acres (4.60 miles) Park Loop Trail 13.89 acres (3.82 miles)13.89 acres (3.82 miles) Shoreline Trail 12.07 acres (3.32 miles)12.07 acres (3.32 miles) South Colony Trail 4.36 acres (1.20 miles)4.36 acres (1.20 miles) Stewart Creek Trail 2.36 acres (0.65 miles)2.36 acres (0.65 miles) Tribute Nature Trail 18.18 acres (5.00 miles)18.18 acres (5.00 miles) Total Parkland Acres 2,493.17 acres 1,009.11 acres 6362 Review draft 5.30.2025 Benchmark Communities Benchmark comparisons allow the City to compare the park system to those of other similar and neighboring communities. The local communities that were identified to serve as benchmark communities include Allen, Lewisville, and Plano. The Colony’s LOS is higher than all the benchmark communities and the NRPA average. This high LOS is a strength of The Colony and not only serves the local community but also attracts residents throughout the DFW-Metroplex. As the City is almost at build-out and the opportunities to develop new parkland are heavily limited, the City needs to continue maintaining and improving the park system. 39 Park Name Acres Neighborhood Parks Austin Ranch Park 2.95 Carr / Chapman Park 1.24 Dave Cowan Park 2.32 Friendship Park 1.64 Lion’s Club Park 7.34 Perryman Park 2.98 Ridgepointe Park 1.10 Scout Park 5.37 Slay / Baker Park 2.49 Taylor Street Park 2.10 West Shore Park 1.14 Wilcox Park 1.91 Neighborhood Park Acres 32.58 Park Name Acres Community Parks Bill Allen Memorial Park 23.41 Kids’ Colony 2.90 Community Park Acres 26.31 Regional Parks Stewart Creek Park 38.60 Turner Athletic Complex 10.68 Regional Park Acres 49.28 Athletic Facilities BB Owens Softball Complex 10.13 Bridges Park 9.10 Athletic Facilities Acres 40.93 Camey Soccer Complex 4.93 North Colony Baseball & Softball Complex 16.77 Park Name Acres 6564 Review draft 5.30.2025 Maintenance Analysis The Colony has a large amount of parkland and open space that is operated and maintained at a high level. Based on City staff input and professional opinion, The Colony’s park system is divided into three categories based on the level of maintenance: high, middle, and low. • High-level maintenance parks are developed parks that are maintained and operated by the City. • Medium-level maintenance parks are those that have an undeveloped portion and are maintained periodically by the City. • Low-level maintenance parks are undeveloped parks and maintained on an as needed basis. Leased parks that are maintained by a private entity are classified as low level maintenance as they are not maintained and operated by the City. High Level Maintenance High maintenance parks involve weekly or biweekly mowing, edging, fertilizing, trash pickup, irrigation system repairs and maintenance, tree and shrub trimming, etc. The following properties are classified as High Level Maintenance: 40 Recreation Facilities Community Complex / Senior Center 2.38 Recreation Center 2.90 The Colony Aquatic Park 4.57 Recreation Facility Acres 9.85 Greenbelts and Trails Shoreline Trails (30’ usable space)12.07 acres / 3.32 miles Greenbelt and Trail Acres / Miles 12.07 acres / 3.32 miles Total Park Acres 257.25 Maintenance Level of Service (acres / 1,000 population)5.73 Special Use Parks Bridges Cemetery 1.67 Greenway Park 2.22 Special Use Park Acres 9.57 Historical Park 0.50 Pawsome Playground Dog Park 4.50 Wheel Zone Bike & Skate Park 0.68 Park Name Acres 6766 Review draft 5.30.2025 41 Neighborhood Parks Taylor Street Park 11.26 Neighborhood Park Acres 11.26 Athletic Facilities Bridges Park 12.91 Athletic Facilities Acres 12.91 Park Name Acres Regional Parks Five Star East (Hawaiian Falls)14.60 Regional Park Acres 14.60 Natural Areas BB Owens Softball Complex 9.87 Bill Allen Memorial Park 25.36 Turner Athletic Complex 16.0 Natural Park Acres 51.23 Greenbelts and Trails Austin Ranch Trail (30’ usable space)12.40 acres / 3.41 miles Greenbelt and Trail Acres / Miles 97.65 acres / 26.86 miles Total Park Acres 187.65 Maintenance Level of Service (acres / 1,000 population)4.17 Park Name Acres Bill Allen Trail 2.17 acres / 0.60 miles Five Star Trail 5.20 acres / 1.43 miles Grandscape Trails (30’ usable space)3.35 acres / 0.92 miles Hidden Cove Trail 8.29 acres / 2.28 miles Main Street Trail (30’ usable space)10.73 acres / 2.95 miles North Colony Trail (30’ usable space)16.72 acres / 4.60 miles Park Loop Trail 13.89 acres / 3.82 miles South Colony ROW Trail (30’ usable space)4.36 acres / 1.20 miles Stewart Creek Trail 2.36 acres / 0.65 miles Tribute Nature Trail (30’ usable space)18.18 acres / 5.00 miles 6968 Review draft 5.30.2025 Medium Level Maintenance Medium maintenance parks are maintained periodically with mowing and edging as needed, removal of fallen trees, erosion improvements, and flood control. The following properties are classified as Medium-Level Maintenance: Review draft 5.30.2025 42 Neighborhood Parks Augusta Park 1.80 Neighborhood Park Acres 9.41 Park Name Acres Squires Drive Park 7.61 Regional Parks Eastvale Park 27.80 18.67 Regional Park Acres 724.33 Five Star East (Hawaiian Falls) Hidden Cove Park & Marina 152.20 65.00Stewart Peninsula Golf Course The Athletic Club 76.66 384 • 143.00 • 241.00 Wynnewood Park • Old American Golf Course • Tribute Golf Course Natural Areas Natural Areas Acres 1,380.99 USACE Leased Wildlife Management Areas within city limits and ETJ 600.00 • 27.20 • 447.80 • 13.59 • 26.40 • 266.00 Natural Areas within Parks • Eastvale Park • Hidden Cove Park and Marina • Ridgepointe Park • Stewart Creek Park • Wynnewood Park Park Name Acres Greenbelts and Trails Greenbelt and Trail Acres / Miles 10.18 acres / 2.80 miles Total Park Acres 2,12.91 Maintenance Level of Service (acres / 1,000 population)47.31 Lebanon Trail (30’ usable space)10.18 acres / 2.80 miles 7170 Review draft 5.30.2025 Low Level Maintenance Low level maintenance parks are maintained on an as needed basis such as the removal of fallen trees, flood mitigation and repairs, and any issues that could impact the safety of the park users. Leased parks are classified as low level maintenance because they are typically maintained by a private entity. The following properties are classified as Low Level Maintenance: 43 73 07 Needs AssessmentThe needs assessment was identified based on community input, the existing inventory, city staff, NRPA metrics, and professional opinion. The following pages identify the recreational needs within the community. Existing Parks The City of The Colony has continuously developed and maintained their park system and is approaching build-out. It is imperative that the City continue to monitor and assess existing park facilities to better understand opportunities to enhance the existing parks. As the com- munity demographics change over time, the existing parks will need to adapt. The Colony should consider installing or updating the following at existing parks: Review draft 5.30.2025 • Restrooms • Shade • Wildflower/pollinator gar- dens • Sport courts/fields • Accessible surfacing • Fitness equipment • Playgrounds • Native landscaping • Picnic shelters • Public art Trail Needs Residents of The Colony made it clear that trails are an important aspect for the community. The City has successfully developed and expanded the trail system since the adoption of the 2019 Community Development and Parks Master Plan, and the City needs to continue expanding this network. Residents desire additional hiking and biking opportunities with opportunities for new loop trails. The community expressed the goal of improving regional connectivity by connecting the trails to the regional veloweb, which will provide a continuous pathway to the neighboring communities. The City should consider incorporating the following with trails: • Signage (e.g. trail markers, directional, and interpretive signage) • Trailheads with information kiosks and maps • Bike facilities including bike racks and bike repair stations • Natural shade • Site furniture such as benches, picnic areas, and drinking fountains • Trail lighting 44 Park System Priorities Priority Element 1 Recreation Center 2 Support Facilities (e.g shade, lighting, restrooms, parking, etc.) 3 Multi-Use Trails 4 Sport Fields / Courts 5 Playgrounds 6 Pavilion / Picnic areas 7 Signage 8 Native landscaping 9 Site Furniture 10 Art Installations 7574 Athletic Needs The Colony provides several opportunities for the community to participate in athletics; however, residents have expressed the need for the City to reinvest in the athletic facilities. The City is currently in the process of developing master plans for several of the athletic facilities, including BB Owen Softball Complex, Bridges Park, Camey Soccer Complex, Baseball/Softball Complex, and Turner Soccer Complex. It is important for the City to continue to update and maintain the athletic facilities. The City should consider the following elements regarding the athletic facilities: • Field / court maintenance • Restroom / concession facilities • Trails • Playground equipment • Paved parking • Supporting facilities (e.g. field/court lighting, benches, drinking fountains, etc.) Natural Areas & Open Spaces Needs Residents consistently expressed The Colony’s parks are unique because they are integrated with the natural environment. Partnerships with organizations such as the U.S. Army Corps of Engineers has allowed the City to provide opportunities for recreation and education while preserving the natural environment. Several parks are developed alongside Lake Lewisville and provide education on native vegetation and local wildlife. It is crucial for the City to continue emphasizing aspects of the natural environment throughout the park system. The City should consider the following elements regarding natural and open space areas: • Preservation and conservation of natural areas • Environmental sustainable elements (e.g. OneWater, solar lighting, etc.) • Wildlife viewing areas • Nature programming opportunities (nature education, Texas Master Nat- uralist, nature hikes, etc.) • Wetland enhancement / preservation • Vegetation plantings and pollinator gardens • Invasive species control Multi-Generational Needs During the development of the 2019 Community Development and Parks Master Plan the community expressed the need for an updated recreation center. The City utilized this feedback and developed a Recreation Center Feasibility Study and is seeking funding for the design and construction of this facility. The recreation center renovations will address several of the indoor recreational needs from the community, including new opportunities for the community to participate in indoor pickleball. Park System Priorities The following list identifies the priorities the City should focus on to best improve the park system over the next five years. Review draft 5.30.2025 45 Review draft 5.30.2025 77 08 RecommendationsNew and Existing Parks • Update Aquatic Park with: • Shade • Pool improvements • Splashzone replacement • Replace playground at Perryman Park • Fix erosion and drainage issues at Bill Allen Memorial Park • Update Lion’s Club Park with: • Playground replacement • Pavilion replacement • Trails • General site improvements • Develop Augusta Park as a neighborhood park • Update Bridges Park with: • Field/court renovations • Trails • Parking • Restroom • Lighting • Conduct dredging at Scout Park • Update Stewart Creek Park with amenities including but not limited to: • Sport courts • Playground replacement • Boardwalk • Pavilion • Trails • Develop Squires Drive Park as a neighborhood park 46 7978 Review draft 5.30.2025 Trails • Construct call boxes • Provide supporting facilities such as shade, drinking fountains, benches, etc. along trails • Install and replace interpretive and wayfinding signage • Program trails to be utilized for events such as 5K runs, nature walks, educational school field trips, etc. • Continue to develop trails as identified in the Trail and Bikeways Master Plan Athletics • Renovate basketball court at Kids’ Colony Park • Update Turner Soccer Complex with: • Field renovations • Trails • Lighting • Parking • Restroom replacement • Update BB Owens Softball Complex with: • Field renovations • Playground • Parking • Restroom replacement • General site improvements. • Update Little League Complex with: • Field renovations • Ninja course • Trails • Restroom. • Enhance partnership with LISD for shared use athletic facilities Natural Area & Open Spaces Recommendations • Preserve and conserve Wildlife Management Areas, Lewisville Lake Shoreline and natural areas throughout the park system • Implement sustainable design practices for future conservation and preservation of natural areas • Provide shelters and benches in natural areas surrounding Lewisville Lake to take advantage of the natural views • Install native plantings and pollinator areas along Shoreline Trail. 47 81 09 Implementation ScheduleThe following implementation schedule has been developed and provides specific recommended actions for the City to integrate into the park system to improve recreational opportunities. This schedule provides a projected timeline for implementation, is intended to serve as a guide and provides estimated costs needed to improve the park system. Funding opportunities can be found in the following chapter. The previous master plan identified projects for 2019 – 2029 and the City has successfully implemented several of these projects. This Parks and Recreation Master Plan Update is intended to ensure the recommended actions continue to meet the needs of the community through the next five years. The City will need to develop a new Parks and Recreation Master Plan following 2029. Review draft 5.30.2025 48 Short-Term Project Estimated Cost $16,850,000 Design and update The Colony Recreation Center • Indoor recreational facilities (Phase I)$5,500,000 Update Aquatic Park (Phases I-IV) • Shade • Pool improvements • Splashzone replacement $1,350,000 Expand the Park Loop Trail (Segment 1A)$775,000 Short-Term Projects (2025 - 2027) Project Details Estimated Cost Update Kids’ Colony Park • Court renovations $50,000 Update Perryman Park • Playground replacement $375,000 • Paved parking • Restroom replacement • Field renovations • Trail • Lighting replacement $2,800,000 Complete and implement an on-street bike route signage plan Market Value $5,550,000 Improve Bill Allen Memorial Park • Erosion improvements $500,000 Update Turner Soccer Complex • Paved parking • Restroom replacement • Field renovations • Playground • Pond dredging & aeriation Update BB Owens Softball Complex Mid-term Projects Estimated Cost $23,825,000 Update Lion’s Club Park Mid-Term Projects (2028 - 2029) Project Details Estimated Cost • Playground replacement • Dredging • Pavilion replacement • Multi-purpose loop trail $1,500,000 Update The Colony Recreation Center • Outdoor recreational facilities (Phases I & II)$5,750,000 Update Little League Complex • Field renovations • New restroom facility • Trails • Ninja course $8,400,000 Develop Augusta Park • Playground • Pavilion • Picnic tables • Benches • Art • Bike racks • Drinking fountain • Waste receptacles $1,500,000 Update Bridges Park • Lighting replacement • Paved parking • New restroom facility • Field/court renovations • Trails $2,100,000 Improve Scout Park • Dredging $250,000 Update Stewart Creek Park (Phases II & III) • Restroom • RV Areas • Boat Ramp • Parking • Trail • Pavilions • Boardwalk • Playground renovation • Sport courts • Site furniture $4,725,000 Update The Colony Trails and Bikeways Master Plan Market Value Apply to become CAPRA accredited Market Value Develop new Community Development and Parks Master Plan Market Value 8382 Review draft 5.30.2025 49 Long-Term Projects (2030+) Project Details Estimated Cost Develop Squires Drive Park • Playground • Pavilion • Picnic tables • Trailhead connection • Bike racks • Drinking Fountain • Waste Receptacles - Update The Colony Recreation Center • Outdoor recreational facilities (Phases III & IV)- Update Camey Soccer Fields • Field improvements • Trails • On-street parking - Update North Colony Baseball & Softball Complex • Field improvements • Restroom replacement - On-Going Projects Project Details Continue to develop trails per the Trails and Bikeways Master Plan Install art along pedestrian & traffic corridors Install median enhancements and landscaping improvements Continue to program recreational activities in parks and natural spaces Review approved tree list and update tree ordinance Incorporate trails and bikeways to Master Thoroughfare Plan Apply for an upgraded Bicycle Friendly Community Designation Participate in the national 10-Minute Walk to a Park campaign Overall Projected Total (Not including Long-term projects)$40,675,000 8584 Review draft 5.30.2025 50 8786 Review draft 5.30.2025 Funding Sources The City of The Colony has a variety of different funding opportunities available that can assist with the funding of the proposed projects in this plan. Funding sources typically fall within two different categories: Locally Generated Funds & Community Partnerships, and Federal Funding. Locally Generated Funds & Community Partnerships General Fund These funds are typically used for smaller projects such as repairs and replacements at existing park facilities. General Obligation Bonds These bonds are issued the city following an election in which the voters authorize their issuance for specific stated purposes, as well as the necessary tax increases to support them. These bonds pledge the property or ad valorem taxing power of the city. Certificates of Obligation These certificates have basically the same effect as general obligation bonds except they do not require an election to authorize them. An election can petitioned by five percent of the registered voters of the city. These certificates are issued on the authorization of the City Council. Repayment is based on the property taxing power of the city, utility system revenues, or a combination of the two. Park Fee Ordinance These fees are typically imposed on developers when they bring new development projects into the community. The fees are typically used to ensure that as more development comes to the City, more park land is developed or improved. Each jurisdiction has their own specific ordinance, but typically the City can require the developer to provide land for a park, cash in lieu of the required land, or park development fees. Tree Mitigation Funds These funds are fees that are imposed on developers when they remove trees in excess of what is allowed by development or tree preservation ordinances. The acquired funds are typically used for tree plantings in city-owned open space and park properties. 51 8988 Review draft 5.30.2025 User Fees This method of financing requires the eventual users to pay a fee for the use of a specific park or facility. User fees can be established to pay for debt service, maintenance, and/or operation of the park system. Private or Corporate Donations & Sponsorships Donations and/or sponsorships from foundations, corporations, and/or private individuals are often used to acquire/develop parks and operate programs. The City should constantly identify and pursue opportunities to receive such funding. One avenue for receiving donations is through the use of the Texas Parks & Recreation Foundation. This foundation has been developed to help all communities in the State of Texas to maximize the benefits of donations of land, property, and money. Hotel Occupancy Tax Grant The Texas Tax Code authorizes the City of The Colony to impose a local hotel occupancy tax which may be used to fund certain projects or programs which promote and enhance tourism and the convention and hotel industry. This fund is available to qualifying non- profit or government entities within The Colony as a Hotel Occupancy Tax Grant. State & Federal Funding NCTCOG Transportation Alternative Call for Projects These funds are intended for eligible projects such as on- and off-road pedestrian and bicycle facilities, shared-use paths, and related pedestrian and bicycle safety countermeasures. The North Central Texas Council of Governments looks for projects that align with those identified in their Mobility 2045 Plan. TPWD Outdoor Recreation Grant These grants are intended for communities with a population of less than 500,000 and can be used for the acquisition of parkland, park development, or the renovation of existing parks and open spaces. This grant is a 50% matching grant with a ceiling of $750,000. TPWD Indoor Recreation Grants These grants are intended for communities with a population of less than 500,000 and can be used for the construction of recreation centers, local community centers, nature centers, and other applicable indoor facilities. This grant is a 50% matching grant with a ceiling of $1.5 million. Community Outdoor Outreach Program (CO-OP) These grants are primarily used to assist non-profits and local governments for recreational programming geared toward under served populations. The intent of the funds are to introduce the importance of environmental educational and conservation and provide TPWD mission oriented outdoor recreational activities. This grant is a TPWD Sponsored grant with a minimum funding requirement of $5,000 and a ceiling of $50,000. Recreational Trails Grant These grants are intended for both motorized and non-motorized recreational trail projects; including new trail construction, existing trail improvements, acquisition of trail corridors, trailheads, and/or amenities. This grant is federally funded by the Federal Highway Administration and administered by TPWD. This grant is 80/20 with up to 80% of the project being funded through TPWD with a ceiling of $300,000 for non-motorized and $600,000 for motorized trails. Community Development Block Grant (HUD) These funds are federally funded and distributed by the U.S. Department of Housing and Urban Development (HUD) to cities with populations greater than 50,000. The aim of the grant is to address the housing and community development needs in low-income communities through three national objectives: benefits to low-to-moderate income persons, eliminating or preventing slum or blight, and meeting an urgent need. TxDOT Safe Routes to Schools (SRTS) Program Administered by state departments of transportation, this is a federal grant. This is an 80/20 grant, with up to 80% of the project being federally funded. The purpose of the SRTS program is to encourage safe bicycling and walking among schoolchildren. These proposals can be located anywhere in the state, regardless of population size. The SRTS projects must be planned to be within public right-of-way within 2 miles of a public, charter, or private school serving K-8th grade students. The types of projects typically funded include bicycle infrastructure improvements, shared-use paths, sidewalk improvements, and infrastructure related projects to improve safety for non-motorized transportation. Land & Water Conservation Fund (LWCF) Grants These Federal grant funds are administered through TPWD through the Texas Recreation Park Account. Note: if a City applies for an Outdoor Grant, Small Community Grant, or Indoor Recreation Grant, TPWD may choose to fund a successful project directly through LWCF with no additional or separate application. 52 Agenda Item No: 3.2 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: work session Suggested Action: Council to provide direction to staff regarding future agenda items. (Council) Background: 53 Agenda Item No: 4.1 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Minutes Agenda Section: consent agenda Suggested Action: Consider approving City Council Regular Session meeting minutes from June 3, 2025 and Special Session meeting minutes from June 9, 2025. (Stewart) Background: Attachments: June 3, 2025 Minutes.docx June 9, 2025 Special Session Board Interviews Minutes.doc 54 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 June 3, 2025 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 3rd day of June, 2025, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Mayor Pro Tem Robyn Holtz, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Councilmember Joel Marks, Deputy Mayor Pro Tem Present Present Present Present Present Present Present And with 7 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Pastor Zeke Trezevant with One Creation Baptist Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest 1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Receive a presentation and report from the Charter Review Committee identifying possible charter revisions and provide input for any charter changes for the November 2025 general election ballot. 55 City Council – Regular Meeting Agenda June 3, 2025 Page| 2 Deputy City Manager Brant Shallenburger, provided an overview of the item. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item 4.9 for separate consideration- Ensweiler; second by Rainey, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from May 20, 2025. 4.2 Consider approving Council expenditures for February and March 2025. 4.3 Consider accepting Angel DeLory's resignation from the Board of Adjustment. 4.4 Consider accepting Christopher Benson's resignation from Keep The Colony Beautiful Board. 4.5 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $104,340.00 with Cam-Crete Contracting, Inc. for the Lebanon Road Rectangular Rapid Flashing Beacon (RRFB) & Crosswalks Project. RESOLUTION NO. 2025-057 4.6 Consider approving a resolution authorizing the City Manager to execute an Emergency Construction Services Contract in the amount of $220,300.00 with Pennington Concrete & Utilities, LLC for the replacement of a collapsed storm drain pipe and inlet capacity upgrades near the Aquatic Park to prevent flooding on North Colony Boulevard. RESOLUTION NO. 2025-058 4.7 Consider approving a resolution authorizing the City Manager to execute a Memorandum of Understanding between the City of Denton, Texas and the City of The Colony, Texas for the U.S. Department of Justice Edward Byrne Justice Assistance Grant (JAG) Program. RESOLUTION NO. 2025-059 4.8 Consider approving an ordinance budget amendment to supplement the approved FY 2024-25 General Fund in the amount of $60,000.00 to establish a city- sponsored patrol rifle purchase program 56 City Council – Regular Meeting Agenda June 3, 2025 Page| 3 ORDINANCE NO. 2025-2605 4.9 Consider approving an ordinance budget amendment to supplement the approved FY 2024 -25 General Fund in the amount of $45,000.00 for increased medical expenses in PO 25-05136 for LiveWell Veterinary Hospital. Animal Services Director, Mark Cooper, provided an overview of the item. Council provided discussion on the item. Motion to approve- Ensweiler; second by Wade, motion carried with all ayes. ORDINANCE NO. 2025-2606 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving an ordinance amending Chapter 8 Section 8-15, entitled "Homestead Exemption" by amending the current homestead exemption. Assistant City Manager, Tim Miller provided an overview on the item. Council provided discussion on the item. Motion to postpone- Wade; second by Rainey, motion approved with the exception of Mayor voting no. 5.2 Discuss and consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement for property assessments assessment and collection between Denton County, Texas and The City of The Colony. Assistant City Manager, Tim Miller provided an overview on the item. Council provided discussion on the item. Motion to approve- Ensweiler; second by Wade, motion carried with all ayes. RESOLUTION NO. 2025-060 5.3 Discuss and consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement for Public Improvement District (PID) assessments assessment and collection between Denton County, Texas and the City of The Colony for the Grandscape PID. 57 City Council – Regular Meeting Agenda June 3, 2025 Page| 4 Assistant City Manager, Tim Miller provided an overview on the item. Council provided discussion on the item. Motion to approve- Ensweiler; second by Rainey, motion carried with all ayes. RESOLUTION NO. 2025-061 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). 6.2 B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No action 7.2 B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. No action ADJOURNMENT With there being no further business to discuss, the meeting adjourned at 8:30 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 58 MINUTES OF CITY COUNCIL SPECIAL SESSION HELD ON JUNE 9, 2025 The Special Session of the City Council of the City of The Colony, Texas, was called to order at 6:42 p.m. on the 9th day of June 2025, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer Mayor Present Judy Ensweiler Deputy Mayor Pro Tem Present Robyn Holtz Councilmember Present Brian Wade Councilmember Present Dan Rainey Councilmember Present Perry Schrag Mayor Pro Tem Present Joel Marks Councilmember Absent (Personal) In addition, with 6 council members present, a quorum was established and the following items were addressed: 1. Call to Order – Mayor Boyer called the meeting to order at 6:42 p.m. 2. Discuss and consider the appointment, evaluation, reassignment, or duties of the following advisory boards: Board of Adjustment, Planning & Zoning Commission, Community Development Corporation, Economic Development Corporation, Keep The Colony Beautiful, Library, and Technologies Executive Session was convened at 7:28 p.m. Executive Session: 3. The City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to conduct interviews and to deliberate the appointment, evaluation, reassignment, or duties of the following advisory boards: Board of Adjustment, Planning & Zoning Commission, Community Development Corporation, Economic Development Corporation Regular Session was reconvened at 9:11 p.m. Executive Session Action: 4. Any action regarding the appointment, evaluation, reassignment, or duties of the following advisory boards: Board of Adjustment, Planning & Zoning Commission, Community Development Corporation, Economic Development Corporation, Keep The Colony Beautiful, Library and Technologies 59 Motion to appoint Michelle Potts to Place 1 on the Keep The Colony Beautiful Board – Ensweiler; second by Rainey, motion carried with all ayes. Motion to appoint Victor Williams to Place 5 on the Technologies Board – Ensweiler; second Holtz; motion carried with all ayes. Motion to appoint Melissa Werner to Place 4, Kimberly Stillwagon to Place 3, Georgiana Bustos to Place 2, and Christopher Patterson to Alternate 1 on the Board of Adjustment – Ensweiler; second by Rainey; motion carried with all ayes. Adjourn With no further business to discuss, the meeting was adjourned at 9:14 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony ATTEST: Tina Stewart, TRMC, CMC, City Secretary 60 Agenda Item No: 4.2 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: consent agenda Suggested Action: Consider accepting Jonita Harris's resignation from the Library Board. (Council) Background: 61 Agenda Item No: 4.3 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Community Image Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to issue a purchase order to Superion, LLC a Central Square Company, in the amount of $57,569.73 for annual maintenance of the Trakit Software. (Browder) Background: Trakit is a permitting/tracking software that various departments utilize to issue permits, track projects and inspections. Attachments: Res. 2025-xxx Superion LLC.docx 62 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 - ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SUPERION, LLC, A CENTRAL SQUARE COMPANY FOR THE ANNUAL MAINTENANCE OF THE TRAKIT SOFTWARE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Superion, LLC, a Central Square Company in the amount of $57,569.73 for the annual maintenance of the Trakit Software. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17th DAY OF JUNE, 2025. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 63 Agenda Item No: 4.4 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to execute a TIPS Construction Contract with DHC for site work for the Pickleball Courts Project including sidewalks, electrical hookup and landscaping in an amount not to exceed $199,959.00 to be funded by the Community Development Corporation. (Lehmann) Background: Attachments: CITY_MEMO_DHC_Pickleball.pdf DHC-The Colony PickleBall Phase 1 - R3.cleaned.pdf Res. 2025-xxx DHC.doc 64 AGENDA ITEM Memo TO: Mayor, City Council, City Manager, CDC DATE SUBMITTED: 06/10/2025 MEETING DATE: CDC: 06/12/2025 City Council: 06/17/2025 SUMMARY OF REQUEST: Consider approval of a Construction Contract with DHC for the site work required outside of the (4) new Pickleball Courts Quote Provided by DHC for Site Work Needed for Pickleball Courts Background: This project was approved for funding by CDC and City Council in FY 23-24. We have already approved a Contract with CourTex for (4) pickleball courts, fencing & LED light fixtures. This contract is for the additional scope of work that is required for the site work, concrete pathway from the parking area, electrical hookup and landscaping. Scope of Work: The scope of work is DHC is as follows: • Exterior Concrete • Survey & Staking • Silt Fence • Fine Grading • Electrical panel, conduit, cable & hookup for new light poles (Provided by CourTex) • Landscaping Budget: The approved budget for this project was $500,000.00. The approved contract for the (4) courts construction was $235,000.00. Design and Construction Admin was $42,500.00 leaving us with $222,500.00 for the remaining scope of work through DHC, which is quoted for $199,959.00. 65 DHC 2207 Glacier Park Ln, Grand Prairie, Texas 75050 www.dhctexas.com Page 1 of 7 June 05, 2025 Project: Colony Pickleball Phase 1 – R3 Address: 4431 Augusta St, The Colony, TX 75056 Owner: City of The Colony Index Base Bid: $199,959.00 ................................................................................................................................... 2 TIPS Contract #: ......................................................................................................................................... 2 Scope: ............................................................................................................................................................ 3 Duration: 180 days ........................................................................................................................................ 3 Material Included in Quote: .......................................................................................................................... 4 Everything needed to finish above quoted scope .................................................................................... 4 Alternate #1: Deduct $2,500.00 to remove Bermuda sodding scope & replace with hydroseeding ....... 4 Existing/Special Conditions: .......................................................................................................................... 4 Standard Exclusions: ..................................................................................................................................... 5 Proof of Clients Acceptance: ......................................................................................................................... 6 EXHIBIT A: Scope Reduction Layout – R3 ...................................................................................................... 7 66 DHC 2207 Glacier Park Ln, Grand Prairie, Texas 75050 www.dhctexas.com Page 2 of 7 June 05, 2025 Project: Colony Pickleball Phase 1 – R3 Address: 4431 Augusta St, The Colony, TX 75056 Owner: City of The Colony Mr. Calvin, We appreciate your time and consideration in allowing DHC the opportunity to provide you a proposal on the above-mentioned project. Please do not hesitate to contact us if you have any questi ons and we look forward to work with you. Base Bid: $199,959.00 DHC will provide labor, material, and equipment for the sum of $ 199,959.00 (One Hundred Ninety Nine Thousand Nine Hundred Fifty Nine Dollars & Zero Cents) to perform the scope of work outlined below: TIPS Contract #: 23010402 (Trades, Labor, and Materials (JOC)) - REQUIRES RS MEANS ESTIMATE 67 DHC 2207 Glacier Park Ln, Grand Prairie, Texas 75050 www.dhctexas.com Page 3 of 7 Scope: 1.0 General Conditions $ 7,531.25 2.0 32. Exterior Concrete: Includes: * Site survey & Staking (As needed within limits of work) * Earthwork as needed * Sidewalks (See Exhibit A) * Mow strips * Culvert - HDPE 12" pipe Culvert set in concrete * Grouted Rip-Rap * Demo existing light pole foundation as needed for new sidewalk construction Excludes: *Light pole Bases $ 104,760.74 3.0 26. Electrical: Includes: * Energizing new pole lights (supplied & installed by others at the pickel ball courts) * Demo existing one light pole & return it to the city for a future reinstall. * Trenching, conduit, cable...etc from the existing transformer to new panel * Everything shown in detail 1-E0.02 & all mounting structure needed per code. Excludes: * Installation of the salvaged light pole $ 37,875.00 4.0 32. Artificial Turf System (2-3" of 1/2" Minus Decomposed Granite as noted in the Exhibit - A) $ 12,530.86 5.0 10. Install Shade Structures $ - 6.0 32. Landscaping & Irrigation Includes: * Permanent irrigation * Temporary Irrigation per sheet IR1.00, Note #15 - Not to exceed 4 months duration * Relocating existing controller & new controller * Bermuda SOD and hydroseed per IR1.01 * Silt Fence and Temporary Construction Entrance * Fine grading as needed * Install one irrigation sleeve per sheet IR1.01 $ 31,437.80 7.0 P&P Bond $ 5,824.07 8.0 Excludes: Temporary construction fencing, anting related to pickle ball courts, pickle ball court fencing Exclusions: 1 Anything not specifically mentioned above. 2 No structural demo or repair, Any lifts or equipment 3 Permit & engineering 4 Safety Plan and Environmental Protection Plan. 5 Employee badging Duration: 180 days Excludes material lead times & delays. 68 DHC 2207 Glacier Park Ln, Grand Prairie, Texas 75050 www.dhctexas.com Page 4 of 7 Material Included in Quote: Everything needed to finish above quoted scope Alternate #1: Deduct $2,500.00 to remove Bermuda sodding scope & replace with hydroseeding Existing/Special Conditions: Excludes doing any work to existing doors & frames except specifically noted above. MEP and Lighting work of any kind is excluded. Any Repairs not specifically mentioned above are excluded. Handling or removal of any hazardous material is excluded. Permitting & Dumpster All work is estimated regular hours. Sales tax is not included in the prices quoted. o Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. No Bonding Included: o No performance, or payment bonds, and/or maintenance bonds are included. These are available upon request at additional cost for the bonds and processing. This quote includes standard labor & material one year warranty. o Warranties do not cover natural disasters, such as earthquakes, shifts in terrain or tornados. o Warranties do not cover any intentional or unintentional damage to our work by any party, such as the client, any other contractor not employed by the DHC…etc. Force Majeure: o Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due) by reason of any event beyond such Party’s reasonable control including but not limited to Acts of god, fire, flood, explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated above. Such an excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party’s failure or delay in performance due to force majeure must be given to the other Party within (20) days after its occurrence has become identified by the Party. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of compliance with governmental orders or directives. 69 DHC 2207 Glacier Park Ln, Grand Prairie, Texas 75050 www.dhctexas.com Page 5 of 7 If DHC is acting as a subcontractor, then we are not liable for damage to underground utilities and irrigations systems during installation. It is the GC’s responsibility to locate all underground utilities. The contractor reserves the right to modify this quote if there is any alteration to the scope covered in this bid. Any onsite changes will result in cost-plus lost time plus overhead plus markup. The contractor will not be responsible for any unforeseen conditions. The client should provide proof that the existing material is asbestos, lead, & any other contamination free. Standard Exclusions: ❖ Anything not specifically mentioned above. ❖ No structural demo or repair ❖ Permit & engineering ❖ Safety Plan and Environmental Protection Plan. ❖ Any structural work ❖ Any sort of plumbing, HVAC, or electrical work not specifically mentioned above. ❖ Any exterior work & power washing if not specifically mentioned above. ❖ Any work on the garage doors, or fire truck exhaust system if not specifically mentioned above. ❖ This proposal excludes background checks and certified payroll. ❖ Any work that is not specifically mentioned above, Additional demo/dirt work, importing dirt, & grass, Testing, Permit, & Fees ❖ Masonry, electrical, plumbing & HVAC restoration, or cleaning of the existing that is not specifically mentioned above. ❖ DHC will not take any engineering or design responsibility of the proposed work. This proposal is valid for 30 days from the date submitted. At least 1 week of advanced notice is required. All work will be completed in a professional-workmanlike manner and in a timely fashion. Sincerely, ____________________________________ Shripad Maldikar (Shree), President Dallas Harmony Construction, LLC. Mobile: (518) 227-6717 Email: shree@dhctexas.com Website: www.dhctexas.com 70 DHC 2207 Glacier Park Ln, Grand Prairie, Texas 75050 www.dhctexas.com Page 6 of 7 Proof of Clients Acceptance: For The City of The Colony use Total Amount: ___________________________ Address: ___________________________ City/State/Zip: ___________________________ Owner Email Address: ___________________________ Owner Contact Phone No.: ___________________________ Owner name: ___________________________ Owner Title: ___________________________ Owner Signature: ___________________________ 71 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 - ____ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A TIPS CONSTRUCTION CONTRACT WITH DHC FOR SITE WORK FOR THE PICKLEBALL COURTS PROJECT FUNDED BY THE COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens to execute a TIPS Construction Contract with DHC for site work for the Pickelball Courts Project including construction of sidewalks, electrical hookup, and landscaping; and WHEREAS, with this Contract the City of The Colony is agreeing to the services not to exceed the amount of $199,959.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. The TIPS Construction 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 THE 17th DAY OF JUNE 2025. ______________________________ Richard Boyer, Mayor ATTEST: City of The Colony, Texas ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 72 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 73 Agenda Item No: 4.5 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Building Item Type: Ordinance Agenda Section: consent agenda Suggested Action: Consider approving an ordinance amending the Code of Ordinances by repealing the 2021 Editions of International Codes and adopting the 2024 Editions of the following International Codes - the International Residential Code, International Building Code, International Mechanical Code, International Plumbing Code, International Energy Conservation Code, International Fuel Gas Code, International Swimming Pool and Spa Code, International Existing Building Code, all with local amendments; and repealing the 2020 Edition of the National Electric Code and replacing it with the 2023 Edition of the National Electric Code with local amendments and the addition of the adoption of the 2024 International Property Maintenance Code and the ICC A117.1-2017. (Chumley) Background: Attachments: Ord. 2025-xxxx 2024 Building Code Adoption.docx 74 CITY OF THE COLONY, TEXAS ORDINANCE NO. ADOPTING 2024 INTERNATIONAL CODES WITH LOCAL AMENDMENTS AND 2023 NATIONAL ELECTRICAL CODE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTIONS 6-1 TO 6-9 AND REPLACING IT WITH NEW SECTIONS 6-1 TO 6-9 BY ADOPTING 2024 EDITIONS OF THE INTERNATIONAL CODES WITH LOCAL AMENDMENTS AND THE 2023 EDITION OF THE NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENT; AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 6-10, ENTITLED “INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED” BY ADOPTING THE 2024 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; AND A NEW SECTION 6-11 BY ADOPTING THE ICC A117.1 - 2017, STANDARDS FOR ACCESSIBLE AND USABLE BUILDINGS AND FACILITIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that Chapter 6, Article I, Sections 6-1 to 6-9 should be repealed in their entirety and replaced with new Section 6-1 to 6-9, by adopting the 2024 Editions of the International Codes with local amendments, and the 2023 Edition of the National Electrical Code with local amendments; and WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that Chapter 6, Article I, should be amended by adding a new Section 6-10, entitled “International Property Maintenance Code Adopted” by adopting the 2024 Edition of the International Property Maintenance Code with local amendments. 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, by repealing in its entirety Sections 6- 1 to 6-9 and replacing it with new Section 6-1 to 6-9 which shall read as follows: 75 “Chapter 6 BUILDINGS, CONSTRUCTION, HEALTH AND SANITATIONARTICLE I. IN GENERAL Sec. 6-1. International Residential Code adopted. (a) Adoption. The International Residential Code with Appendices A through Q, excluding Appendix L, 2024 edition, is hereby adopted and designated as the Residential Code for the City of The Colony, Texas. A copy of the 2024 Edition of the International Residential Code is on file in the office of the city secretary. (b) Local amendments. The following provisions are local amendments to the 2024 International Residential Code. Each provision is a substitute for the identically numbered provision contained in the 2024 Edition of the International Residential Code or is a provision added to the 2024 Edition of the International Residential Code. Chapter 1. Scope and Administration of the 2024 International Residential Code is amended as follows Section R102.4; change to read as follows: R102.4. Referenced codes and standards. The codes, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R 102.4.2. Whenever amendments have been adopted by The Colony to the referenced codes and standards, each reference to said codes and standards shall be considered to reference the amendments and future amendments. (Reminder unchanged) Section R103 and R103.1 amend to insert the Department Name The Department of Building Inspections R103.1 Creation of enforcement agency. The Building Inspections Department is hereby created and the official in charge thereof shall be known as the building official. R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet and not over 30 inches. Retaining walls that are not over 2 feet in height measured from finish grade to the top of the wall. Section R108 FEES amend to add as follow: R108.7 Re-inspection Fee. A fee as established by city council resolution may be charged when: 1. The inspection called for is not ready when the inspector arrives; 2. No building address or permit card is clearly posted; 3. City approved plans are not on the job site available to the inspector; 4. The building is locked or work otherwise not available for inspection when called; 5. The job site is red-tagged twice for the same item; 6. Failure to maintain erosion control, trash control or tree protection. Any re-inspection fees assessed shall be paid before any more inspections are made on that job site. Section R108.8; amend to add Sections R108.8, R108.8.1, R108.8.2 and R108.9 to read as follows: 76 R108.8 Work without a permit. R108.8.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. R108.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee req uired by this code or the city fee schedule as applicable. The payment of such investigation fee shall not exempt the applicant from compliance with all other provisions of either this code or the technical codes nor from penalty prescribed by law. R108.9 Unauthorized cover up fee. Any work concealed without first obtaining the required inspection in violation of Section 110 shall be assessed a fee as established by the city fee Schedule. R115 Site Management. Added to the 2024 IRC R115.1 Site Management Sign. Site Manage Sign shall be posted with permit at every jobsite before work starts. The sign is to minimum 3 sq. feet. The sign will require the following content and be maintained until the job has a CO or permit is final.  Official address from the permit  General contractor’s name(s) and local phone number  Project name  Report violations to the City of The Colony by calling (972) 624-3150. Construction hours are 7:00 a.m. to 10:00 p.m. when work is on or adjacent to residential use and multifamily. R115.2 Facilities required. Each permitted construction project in The Colony shall be provided with at least one (1) temporary portable toilet facility for use by employees and subcontracto rs. Builder or contractors with multiple permits in a subdivision shall provide one portable toilet for a maximum four permits within 300 ft. travel distance. Portable toilet facilities shall not be placed in street or alley right-of-ways. The builders or permit holder shall be responsible for ensuring that toilet facilities are maintained in a sanitary condition. The Building Official may, at his discretion, require that additional toilet facilities be provided if these requirements prove to be insufficient. R115.3 Trash receptacles. Each permitted construction project in The Colony shall be provided with receptacles of a sufficient size and number to contain jobsite trash and debris. Trash receptacles shall be maintained on site at all times during construction activities and shall be covered at the end of each workday. The builder or permit holder shall be responsible for ensuring that trash receptacles are utilized by all employees and subcontractors, and that all trash is removed at intervals adequate t o maintain a clean job site. Chapter 3 Building Planning of the 2024 International Residential Code is amended as follows: Table R301.2 (1); fill in as follows: GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORYf A SUBJECT TO DAMAGE FROM WINTER DESIGN TEMPe ICE BARRIER UNDERLAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj SPEEDd (MPH) Topographic Effectsk Special Wind Regionl Windborne Debris Zonem Weatheringa Frost Line Depthb Termitec 5 lb/ft 105 No No No Moderate 7" Very Heavy 22° F Yes Local Code 150 64.9° F Manual J Design Criteria Refer to established regional design from ACCA Manual J. 77 Section R302.2.6; delete Exception #6: Exceptions [previous exceptions unchanged] Section R313.2 One-and two-family dwelling automatic fire systems. As allowed by State law or if enforce through the adopted IFC. If an automatic sprinkler system is to be installed in a one and two -family dwellings it shall be designed and installed in accordance with Section P2904 or NFPA 13D. Section R315.2.2 Alterations, repairs and additions, amend exception 2 to read as follows: Exception 2. Installation, alteration or repairs of plumbing systems that are not fuel fired. Section R404 Foundation and Retaining Walls of the 2024 International Residential Code amended as follows: R404.4 Retaining walls. Retaining walls that are not laterally supported at the top and that retain in excess of 36 inches of unbalanced fill, or retaining walls exceeding 24 inches in height that resist lateral loads in addition to soil, shall be designed in accordance with accepted engineering practice to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning. This section shall not apply to foundation walls supporting buildings. Chapter 11. [RE] Energy Efficiency of the 2024 International Residential Code is deleted and replaced with the following; N1101.1 Scope. This chapter regulates the energy efficiency for the design and construction of buildings regulated by this code. N1101.1.1 Compliance. Compliance shall be demonstrated by meeting the requirements of the residential provisions of 2024 International Energy Conservation Code as adopted. Section G2415 Piping System Installation of the 2024 International Residential Code in amended as following: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 18 inches (305 mm) below grade. G2415.12.1 (404.12.1) Individual outside appliances. [Entire section deleted] Section P2603 Structural and Piping Protection of the 2024 International Residential Code is amended as following: Section P2603.5.1 Sewer Depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. Section P3111 Combination waste and vent systems of the International Residential Code is deleted entirety. 78 Sec. 6-2. International Building Code adopted. (a) Adoption. The International Building Code with Appendices A through J, 2024 edition, is hereby adopted and designated as the Building Code for the City of The Colony, Texas. A copy of the 2024 Edition of the International Building Code is on file in the office of the city secretary. (b) Local amendments. The following provisions are local amendments to the 2024 International Building Code. Each provision is a substitute for the identically numbered provision contained in the 2024 Edition of the International Building Code or is a provision added to the 2024 Edition of the International Building Code. Section 101.1 Title; change to read as follows: These regulations shall be known as the Building Code of the city of The Colony, herein referred to as "this code." Section 101.4; change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the Electrical Code shall mean the National Electrical Code as adopted. Section 101.4.8; add the following: 101.4.8 Electrical. The provisions of the 2023 NEC shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 104.10.1; Flood Hazard Areas. Sections 104.2.1, 104.10.1, 110.3.12.1, 1612, and 3114 are all inter-connected related to flood hazard areas, and amendments or deletions should be considered as a whole. 103 and 103.1; Creation of enforcement agency. The department of Building Inspections is hereby created and the official in charge thereof shall be known as the building official. Section 105.2 Work exempt from permit; under sub-title entitled "Building" delete items 1, 2, 10 and 11 and re-number as follows: Building: 1. Oil derricks. 2. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1. 3. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 4. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. Section 109; amend to add Section 109.7 to read as follows: 109.7 Re-inspection Fee. A fee as established by city council resolution may be charged when: 1. The inspection called for is not ready when the inspector arrives; 2. No building address or permit card is clearly posted; 3. City approved plans are not on the job site available to the inspector; 4. The building is locked or work otherwise not available for inspection when called; 5. The job site is red-tagged twice for the same item; 79 6. Failure to maintain erosion control, trash control or tree protection. Any re-inspection fees assessed shall be paid before any more inspections are made on that job site. Section 109; amend to add Sections 109.8, 109.8.1, 109.8.2 and 109.9 to read as follows: 109.8 Work without a permit. 109.8.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code or the city fee schedule as applicable. The payment of such investigation fee shall not e xempt the applicant from compliance with all other provisions of either this code or the technical codes nor from penalty prescribed by law. 109.9 Unauthorized cover up fee. Any work concealed without first obtaining the required inspection in violation of Section 110 shall be assessed a fee as established by the city fee Schedule. Section 202; amend definition of Ambulatory Care Facility as Follows. [B]AMBULATORY CARE FACILITY. Building or portions of buildings thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less than 24 -hour basis to persons who are rendered incapable of self- preservation by the services provided or staff has accepted responsibility for care recipients already incapable. This group may include but not be limited to the following: -Dialysis Centers -Sedation Dentistry -Surgery Centers -Colonic Centers -Psychiatric centers -Procedures involving sedation. Section 202; add definition of Assisting Living Facilities to read as follows. ASSISTED LIVING FACILITIES. A building or part thereof housing persons on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. Section 202; amend definition to read as follows: HIGH-RISE BUILDING. A building with an occupied floor located more than 55 feet (16.764 m) above the lowest level of fire department vehicle access. Section 202; amend definition of "Repair Garage" as follows: REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, auto col lision repair, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. Section 403 High-Rise Buildings; Amend to read as follows: 403.3 Automatic sprinkler system. [Paragraph to remain the same] [Delete exception entirety] 403.3.2 Water supply to required fire pumps. In buildings that are more than 55 feet in building height, required fire pumps shall be supplied by connections to no fewer than two water mains located in different 80 streets. Separate supply piping shall be provided between each connection to the water main and the pumps. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate . 403.5.4 Smokeproof enclosures. Every required interior exit stairway serving floors more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access shall be a smokeproof enclosure in accordance with Sections 909.20 and 1023.12. Section 506.3.1; add sentence to read as follows: 506.3.1 Minimum percentage of perimeter. [Existing Text remains] In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10 - foot wide pathway meeting fire department access from the street or approved fire lane shall be provided. Section 508 Mixed Used and Occupancy of the 2024 International Building Code is amended as follows: 508.1 General. Each portion of a building shall be individually classified in accordance with Section 302.1. Where a building contains more than one occupancy group, the building or portion thereof shall comply with the applicable provisions of Section 508.2, 508.3, 508.4 or 508.5, or a combination of these sections. Minimum requirement for each tenant space within any multi -tenant building shall be separated by a one-hour fire barrier complying with Section 707 regardless of the occupancy type. Section 602.1.1; add sentence to read as follows: 602.1.1 Minimum Requirements. A building or portion thereof shall not be required to conform to the details of a type of construction higher than that type which meets the minimum requirements based on occupancy even though certain features of such a building actually conform to a higher type of construction. Where a building contains more than one distinct type of construction, the entire building shall comply with the most restrictive design criteria (area, height, and stories) for the lesser type of construction, or be separated by fire walls. CHAPTER 7 FIRE AND SMOKE PROTECTION FEATURES of the 2024 international Building Code is amended as follows: 708 Fire Partitions of the 2024 International Building Code is amended as follows: 708.3 Fire-resistance rating. Fire partitions shall have a fire-resistance rating of not less than 1 hour. Exceptions: 1. Corridor walls permitted to have a 1/2 -hour fire resistance rating by Table 1020.2. 708.4 Continuity. Fire partitions shall extend from the top of the foundation or floor/ceiling assembly below and be securely attached to one of the following: 1. The underside of the floor or roof sheathing, deck or slab above. 2. The underside of a floor/ceiling or roof/ceiling assembly having a fire-resistance rating that is not less than the fire-resistance rating of the fire partition. Exceptions: 1. Fire partitions shall not be required to extend into a crawl space below where the floor above the crawl space has a minimum 1-hour fire-resistance rating. 2. Fire partitions serving as a corridor wall shall not be required to extend above the lower membrane of a corridor ceiling provided that the corridor ceiling membrane is equivalent to corridor wall membrane, and either of the following conditions is met: 81 2.1. The room-side membrane of the corridor wall extends to the underside of the floor or roof sheathing, deck or slab of a fire resistance-rated floor or roof above. 2.2. The building is equipped with an auto matic sprinkler system installed throughout in accordance with Section 903.3.1.1 or 903.3.1.2, including automatic sprinklers installed in the space between the top of the fire partition and underside of the floor or roof sheathing, deck or slab above. 3. Fire partitions serving as a corridor wall shall be permitted to terminate at the upper membrane of the corridor ceiling assembly where the corridor ceiling is constructed as required for the corridor wall. Section 708.4.2; change sentence to read as follows: 708.4.2 Fireblocks and draftstops in combustible construction. [Body of text unchanged] Exceptions 1. Buildings equipped with automatic sprinkler systems installed throughout in accordance with Section 903.3.1.1, or in accordance with Section 903.3.1.2 provided that sprinkler protection is provided in the space between the top of the fire partition and the underside of the floor or roof sheathing, deck or slab above as required for systems complying with Section 903.1.1. Portions of buildings containing spaces filled with noncombustible insulation as permitted for sprinkler omission shall not apply to the exception for draft stopping. [Remainder unchanged] Section 718.3; change sentence to read as follows: 718.3 Draft stopping in floors. [Body of text unchanged] Exceptions: Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.1.1 and provided that in combustible construction, sprinkler pro tection is provided in the floor space. 718.4 Draftstopping in attics. [Body of text unchanged] Exceptions: Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and provide that in combustible construction sprinkler protection is provided in the attic space. Section 901.6.1; add Section 901.6.1.1 to read as follows: 901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe systems as per NFPA 25 requirements. The following additional requirements shall be applied to the testing that is required every 5 years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be back flus hed or inspected by approved camera when foreign material is present or when caps are missing, and also hydrostatically tested for all FDCs on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the tester shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. Confirm that there are no open hose valves prior to introducing water into a dry standpipe. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with t he requirements of NFPA 25. All hose valves shall be exercised. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDCs as required by the fire code official. 82 5. Upon successful completion of standpipe test, place a blue tag (as per Texas Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall be check-marked as "Fifth Year" for Type of ITM, and the note on the back of the tag shall read "5 Year Standpipe Test" at a minimum. 6. The procedures required by Texas Administrative Code Fire Sprinkler Rules with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (fire code official) shall be followed. 7. Additionally, records of the testing shall be maintained by the owner and contractor, if applicable, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected nighttime freezing conditions. 9. Contact the fire code official for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this firefighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. Section 903.1.1; change to read as follows: 903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in addition to automatic sprinkler protection where recognized by the applicable standard or as approved by the fire code official. Section 903.2; add paragraph to read as follows and delete the exception: Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoist ways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine r oom. Signage shall be provided at the entry doors to the elevator machine room indicating "ELEVATOR MACHINERY - NO STORAGE ALLOWED." Section 903.2.9 Group S1; add Section 903.2.9.5 to read as follows: 903.2.9.5 Self-Service Storage Facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, 903.2.11.8, and 903.2.11.9 as follows: 903.2.11.3 Buildings 35 Feet or more in Height. An automatic sprinkler system shall be installed throughout buildings that have one or more stories other than penthouses in compliance with Section 1510 of the International Building Code, located 35 feet (10,668 mm) or more above the lowest level of fire department vehicle access, measured to the finished floor. Exceptions: [Delete] 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.11.9Buildings Over 6,000 sq. ft. An automatic sprinkler system shall be installed throughout all buildings with a building area 6,000 sq. ft. or greater and in all existing buildings that are enlarged to be 6,000 sq. ft. or greater. For the purpose of this provision, fire walls shall not define separate buildings. Exception: [Delete] Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt Locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such . . . {text unchanged} . . . because it is damp, of fire- resistance-rated construction or contains electrical equipment. 83 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire - resistance rating of not less than 2 hours. 4. [Delete] 5. Elevator machine rooms, and machinery spaces, and hoist ways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. 6. [Delete] Section 903.3.1.2; change to read as follows: Section 903.3.1.2NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R where the Group R occupancy meets all of the following conditions: 1. Four stories or less above grade plane 2. The floor level of the highest story is 35 feet (10668 mm) or less above the lowest level of fire department vehicle access 3. The floor level of the lowest story is 35 feet (10668 mm) or less below the lowest level of fir e department vehicle access. [no change to remainder of section] Section 903.3.1.2.2; change to read as follows: 903.3.1.2.2; Corridors and balconies. Sprinkler protection shall be provided in all corridors and for all balconies. [delete the rest of this section] Section 903.3.1.2.3. Delete section and replace as follows. [F]Section 903.3.1.2.3 Attached Garages and Attics. Sprinkler protection is required in attached garages, and in the following attic spaces: 1. Attics that are used or intended for living purposes or storage shall be protected by an automatic sprinkler system. 2. Where fuel-fired equipment is installed in an unsprinklered attic, not fewer than one quick-response intermediate temperature sprinkler shall be installed above the equipment. 3. Attic spaces of buildings that are two or more stories in height above grade plane or above the lowest level of fire department vehicle access. 4. Group R-4, Condition 2 occupancy attics not required by Item 1 or 3 to have sprinklers shall comply with one of the following: 4.1. Provide automatic sprinkler system protection. 4.2. Provide a heat detection system throughout the attic that is arranged to activate the building fire alarm system. 4.3. Construct the attic using noncombustible materials. 4.4. Construct the attic using fire-retardant-treated wood complying with Section 2303.2 of the International Building Code. 4.5. Fill the attic with noncombustible insulation. 903.3.1.3 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one- and two-family dwellings; Group R-3; Group R-4, Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D or in accordance with state law. 84 [F] 903.3.1.4 Freeze protection. Freeze protection systems for automatic fire sprinkler systems shall be in accordance with the requirements of the applicable referenced NFPA standard and this section. 903.3.1.4.1 Attics. Only dry-pipe, preaction, or listed antifreeze automatic fire sprinkler systems shall be allowed to protect attic spaces. Exception: Wet-pipe fire sprinkler systems shall be allowed to protect non-ventilated attic spaces where: 1. The attic sprinklers are supplied by a separate floor control valve assembly to allow ease of draining the attic system without impairing sprinklers throughout the rest of the building, and 2. Adequate heat shall be provided for freeze protection as per the applicable referenced NFPA standard, and 3. The attic space is a part of the building's thermal, or heat, envelope, such that insulation is provided at the roof deck, rather than at the ceiling level. 903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall only be allowed where approved by the fire code official for small sections of large diameter water-filled pipe. Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every water-based fire protection system shall be designed with a 10 psi safety factor. Reference Section 507.4 for additional design requirements. Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 903.4.2; add second paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. Section 905.2; change to read as follows: 905.2 Installation Standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section 905.3; add Section 905.3.9 and exception to read as follows: 905.3.9 Buildings Exceeding 10,000 sq. ft. In buildings exceeding 10,000 square feet in area per story and where any portion of the building's interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access, Clas s I automatic wet or manual wet standpipes shall be provided. Exceptions: 1. Automatic dry, semi-automatic dry, and manual dry standpipes are allowed as provided for in NFPA 14 where approved by the fire code official. 2. R-2 occupancies of four stories or less in height having no interior corridors. Section 905.4, change Item 1, 3, and 5, and add Item 7 to read as follows: 1. In every required exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate landing between stories, unless otherwise approved by the fire code official. 2. {No change.} 85 3. In every exit passageway, at the entrance from the exit passageway to other areas of a b uilding. Exception: Where floor areas adjacent to an exit passageway are reachable from an exit stairway hose connection by a {remainder of text unchanged} 4. {No change.} 5. Where the roof has a slope less than four units vertical in 12 units horizonta l (33.3-percent slope), each standpipe shall be provided with a two -way hose connection located to serve the roof or at the highest landing of an exit stairway with stair access to the roof provided in accordance with Section 1011.12. 6. {No change.} 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200') intervals along major corridors thereafter, or as otherwise approved by the fire code official. Section 905.8; change to read as follows: 905.8 Dry standpipes. Dry standpipes shall not be installed. Exception: Where subject to freezing and in accordance with NFPA 14. Additionally, manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low Supervisory alarm. Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 907.1; add Section 907.1.4 and 907.1.5 to read as fo llows: 907.1.4 Design Standards. Where a new fire alarm system is installed, the devices shall be addressable. Fire alarm systems utilizing more than 20 smoke detectors shall have analog initiating devices. Section 907.2.1; change to read as follows: 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies having an occupant load of 300 or more persons, or where the occupant load is more than 100 p ersons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.10 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {No change.} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational occ upancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable 86 buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Exceptions: 1. {No change.} 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) {No change to remainder of exceptions.} Section 907.2.10: change to read as follows: 907.2.10 Group S. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group S public and self-storage occupancies for interior corridors and interior common areas. Visible notification appliances are not required within storage units. Exception [No change]. Section 907.2.13, Exception 3; change to read as follows: 3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code; however, this exception does not apply to accessory uses including, but not limited to, sky boxes, restaurants, and similarly enclosed areas. Section 907.4.2; add Section 907.4.2.7 to read as follows: 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. Section 907.6.1; add Section 907.6.1.1 to read as follows: 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot ve rtical between supply and return circuit conductors. The initiating device circuit (IDC) from a signaling line circuit interface device may be wired Class B, provided the distance from the interface device to the initiating device is ten feet or less. Section 907.6.3; delete all four Exceptions. Section 907.6.6; add sentence at end of paragraph to read as follows: See 907.6.3 for the required information transmitted to the supervising station. Section 910.2; change Exception 2 and 3 to read as follows: 2. Only manual smoke and heat removal shall be required in areas of buildings equipped with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat removal is prohibited. 3. Only manual smoke and heat removal shall be required in areas o f buildings equipped with control mode special application sprinklers with a response time index of 50(m*S)1/2 or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. Automatic smoke and heat removal is prohibited. Section 910.2; add subsections 910.2.3 with exceptions to read as follows: 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1394 m2 ) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 87 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. Section 910.4.3.1.; change to read as follows: 910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet (1829 mm) of the floor level. Operation of makeup air openings shall be automatic. The minimum gross area of makeup air inl ets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719 m3/s) of smoke exhaust. Section 912.2; add Section 912.2.3 to read as follows: 912.2.3 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path. Chapter 10 Means of Egress of the 2024 International Building Code is amended as follows: Section 1006.2.1 change exception 3 to read as follows: Section 1006.2.1 Egress based on occupant load a common path of egress travel distance. 3. Unoccupied rooftop mechanical rooms and penthouses are not required to comply with the common path of egress travel distance measurement. Section 1009.8 Two Way Communication; add the following Exception 7: [Text Remains] Exceptions: 7. Buildings regulated under State Law and built in accordance with State registered plans, including variances or waivers granted by the State Law, shall be deemed to be in compliance with the requirements of Section 1009 and Chapter 11. Section 1030.1.1.1 Spaces under grandstands and bleachers: [amend to add exception 4] Exception: 1. THROUGH 3. {No Change} 4. Where alternate means or methods are submitted to and approved by the Building and Fire Officials. Chapter 11 Accessibility of the 2024 International Building Code is amended as follow: Section 1101.2 Scope; add exception to Section 1101.2 as follows: Exception: Components of projects regulated by and registered with Architectural Barriers Division of Texas Department of Licensing and Or regulated by and in compliance with Fair House Act and Design Manual shall be deemed to be incompliance with the requirements o f this chapter. Chapter 18 Soils and Foundation walls, Retaining Walls and Embedded Post and Poles of the 2024 International Building Code is amended as follows: Section 1807 Foundation walls, Retaining Walls and Embedded Post and Poles of the 2024 International Building Code is amended as follows: 1807.2.2 Design lateral soil loads. Retaining walls shall be designed for the lateral soil loads set forth in Section 1610. For structures assigned to Seismic Design Category D, E, or F, the design of retaining walls supporting more than 6 feet (1829 mm) of backfill height shall incorporate the additional seismic lateral earth pressure in accordance with the geotechnical investigation where required in Section 1803.2. Retaining walls that are not laterally supported at the top and that retain in excess of 24 inches (610 mm) of unbalanced fill shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls that retain in excess of 36 inches (914 mm) of unbalanced fill shall have professionally engineered designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. For 88 stone mass gravity retaining walls in excess of 24 inches (610 mm). minimum foundation embedment shall be no less than 12 inches (305 mm) into undisturbed or well compacted soil. Add new Section 2902.1.4 to read as follows: 2902.1.4 Additional fixtures for food preparation facilities. In addition to the fixtures required in this Chapter, all food service facilities shall be provided with additional fixtures set out in this section. 2902.1.4.1 Hand-washing lavatory. At least one hand-washing lavatory shall be provided for use by employees that is accessible from food preparation, food dispe nsing and ware washing areas. Additional hand-washing lavatories may be required based on convenience of use by employees. 2902.1.4.2 Service sink. In new or remodeled food service establishments, at least one service sink or one floor sink shall be provided so that it is conveniently located for the cleaning of mops or similar wet floor cleaning tool and for the disposal of mop water and similar liquid waste. The location of the service sink(s) and/or mop sink(s) shall be approved by the City of The Colon y's Health Department. Section 3005.7; add new subsection to Section 3005.7 as follows: 3005.7. Fire Protection in Machine rooms, control rooms, machinery spaces and control spaces. 3005.7.1 Automatic sprinkler system. The building shall be equipped with an automatic sprinkler system in accordance with Section 903.1.1, except as otherwise permitted by Section 903.3.1.1.1 and as prohibited by Section 3005.1.1.1. 3005.7.2 Prohibited locations. Automatic sprinklers shall not be installed in machine rooms, elevator machinery spaces, control rooms, control spaces and elevator hoist ways. 3005.7.3 Sprinkler system monitoring. The sprinkler system shall have a sprinkler system control valve supervisory switch and water-flow initiating device provided for each floor that is monitored by the building's fire alarm system. Section 3005.7.4 Water protection. An approved method to prevent water from infiltrating into the hoist way enclosure of the automatic sprinkler system outside the elevator lobby shall be provided. Section 3005.7.5 Omission of Shunt trip. Means for elevator shutdown in accordance in the Section 3005.5 shall not be installed. Section 3005.8; add Section 3005.8 as follows: 3005.8 Storage. Storage shall not be allowed within the elevator machine room, control room, machinery spaces and or control spaces. Provide approved signage at each entry to the above listed locations stating "No Storage Allowed." Section 3006.2 item 5, Hoist way opening protection required; Revise text as follows: 5. The building is a high rise and the elevator hoist way is more than 55 feet (16.764 m) in height. The height of the hoist way shall be measured from the lowest floor to the highest floors served by the hoist way. Section 3007.3 and 3008.3: Revise by deleting "enclosed" as follows: 3007.3 Water Protection. Water from the operation from an automatic sprinkler systems outside the lobby shall be prevent from infiltrating into the hoist way enclosure in accordance with an approved method. 3008.3 Water. Water from the operation of an automatic sprinkler system outside the lobby shall be prevent from infiltrating into the hoist way enclosure in accordance with an approved method. 89 Sec. 6-3. National Electrical Code adopted. (a) Adoption. The National Electrical Code with Appendices A through I, 2023 edition, is hereby adopted and designated as the Electrical Code for the City of The Colony, Texas. A copy of the 2023 Edition of the National Electrical Code is on file in the office of the city secretary. (b) Local amendments. The following provisions are local amendments to the 2023 National Electrical Code. Each provision is a substitute for the identically numbered provision contained in the 2023 Edition of the National Electrical Code or is a provision added to the 2023 Edition of the National Electrical Code. Article 110.2; change the following to read as follows: 110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved. Approval of equipment may be evident by listing and labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that laboratory or a qualified third party inspection agency or a field evaluation by a Field Evaluation Body accredited by either the International Code Council International Accreditation Service AC354 or ANSI National Accreditation Board programs and approved by the AHJ. Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. This approval may be by a field evaluation by a NRTL or qualified third-party inspection agency or a field evaluation by a Field Evaluation Body accredited by either the ICC IAS AC354 or ANAB programs and approved by the AHJ Article 220 Branch-Circuit, Feeder, and Service Load Calculations of the 2023 National Electrical Code is amended as follows: 220.6 Load Calculations. A load calculation shall be provided upon request when modifications to the electrical installation occurs. Article 230 Services of the 2023 National Electrical Code is amended as follows: 230.71 Maximum Number of Disconnects. (A) General. [Paragraph remains unchanged.] Exception: In Multi-occupant buildings, individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. Article 71.15 A: Change the following to read as follows 710.15 General 710.15(A) Supply Output. Power supply to premises wiring systems fed by stand -alone or isolated microgrid power sources shall have adequate capacity to meet the calculated load in accordance with Article 220. Sec. 6-4. International Mechanical Code adopted. (a) Adoption. The International Mechanical Code with Appendix A, 2024 edition, is hereby adopted and designated as the Mechanical Code for the City of The Colony, Texas. A copy of the 2024 Edition of the International Mechanical Code is on file in the office of the city secretary. (b) Local amendments. The following provisions are local amendments to the 2024 International Mechanical Code. Each provision is a substitute for the identically numbered provision contained in the 2024 Edition of the International Mechanical Code or is a provision added to the 2024 Edition of the International Mechanical Code. Section 102.8; change to read as follows: 90 102.8 Referenced Codes and Standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where diffe rences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the adopted amendments. Section 306.5; change to read as follows: 306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment requiring access or appliances are located on an elevated structure or roof of a building such tha t personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an interior or exterior means of access shall be provided. Exterior ladders providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' level service space. Such access shall . . . [bulk of section to read the same] . . . on roofs having a slope of slope of greater than four units vertical in 12 units horizontal (33 -percent slope . . . [remainder of text unchanged]. Section 306.5.1: change to read as follows: 306.5.1 Sloped Roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of three units vertical in 12 units horizontal (25-percent slope) or greater and having an edge more than 30 inches (762) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall not be less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code . . . [remainder of text unchanged]. Section 507.3.4.3; add new section (2.2) Exhaust Hood(s) for Heating Coal(s). The exhaust hood(s) for heating coal(s) only and no other purpose shall be type 2 hood minimum with a type 1 duct minimum for only the following uses, smoking lounge, hookah lounge, or similar establishment at the discretion of the authority having jurisdiction. The minimum net airflow requirements for hoods used for this purpose shall be determine by 2024 IMC 507.3.4.1. Sec. 6-5. International Plumbing Code adopted. (a) Adoption. The International Plumbing Code with Appendices A through F, 2024 edition, is hereby adopted and designated as the Plumbing Code for the City of The Colony, Texas. A copy of the 202 4 Edition of the International Plumbing Code is on file in the office of the city secretary. (b) Local amendments. The following provisions are local amendments to the 202 4 International Plumbing Code. Each provision is a substitute for the identically numbered provision contained in the 202 4 Edition of the International Plumbing Code or is a provision adde d to the 2024 Edition of the International Plumbing Code. Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards that are listed in this code shall be those that are listed in Chapter 15 and such codes, whe n specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed to the extent of each such reference. Where the differences occur between provisions of this code and the referenced standards, the provisi ons of this code shall be the minimum requirements. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the adopted amendment. Chapter 3 General Regulations; change to read as follows: 91 Section 305.4.1; change to read as follows: 305.4.1 Sewer depth. Building sewers shall be a minimum of 12 inches below grade. Section 306.2.4: added to read as follows: 306.2.4 Plastic sewer and DWV piping installation. Plastic sewer and DWV piping installed underground shall be installed in accordance with the manufacturer's installation instructions. Trench width shall be controlled to not exceed the outside of the pipe diameter plus 16 inches or in a trench which has a controlled width equal to the nominal diameter of the diameter of the piping multiplied by 1.25 plus 12 inches. The piping shall be bedded in 4 inches of granular fill and then backfilled compacting the side fill in 6-inch layers on each side of the piping. The compaction shall be to a minimum of 6 inches above the top of the pipe. Section 413.4; change to read as follows: 413.4 Required location for floor drains. Floor drains shall be installed in the following areas. 1. Public laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. Such drains shall have a minimum of not less than 3 inches (76 mm) in diameter . 2. Commercial kitchens. I lieu of floor drains in commercial kitchens, the Code Official may accept floor sinks. 3. Public restrooms. Section 703.6; Delete Section 903.1.1; change to read as follows: 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall terminate not less than six (6) inches above the roof. Section 1109; delete this section. Section 1202.1: delete Exceptions 1 and 2. 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 105.2 Required Inspections; Changed numbering and to read as follows: R105.2.1 Footing and foundation inspection. Inspections associated with footings and foundations shall verify compliance with the code as to R -value, location, thickness, depth of burial and protection of insulation as required by the code and approved plans and specifications. R105.2.2 Framing and Air Barrier rough-in inspection. Inspections at framing and rough-in shall be made before application of insulation and shall verify compliance with the code as to: air leakage controls as required by the code; and approved plans and specifications. R105.2.3 Insulation and Fenestration rough-in inspection. 92 Inspections at framing and rough-in shall be made before application of interior finish and shall verify compliance with the code as to: types of insulation and corresponding R -values and their correct location and proper installation; fenestration properties such as U-factor and SHGC and proper installation. R105.2.4 Plumbing rough-in inspection. Inspections at plumbing rough-in shall verify compliance as required by the code and approved plans and specifications as to types of insulation and corresponding R -values and protection and required controls. R105.2.5 Mechanical rough-in inspection. Inspections at mechanical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed HVAC equipment type and size, required controls, system insulation and corresponding R-value, system air leakage control, programmable thermostats, dampers, whole -house ventilation, and minimum fan efficiency. Exception: Systems serving multiple dwelling units shall be inspected in accordance with Section C105.2.4. R105.2.6 Final inspection. The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation of all required building systems, equipment and controls and their proper operation and the required number of high-efficacy lamps and fixtures. Section C102/R102 General; add Section C102.1.2 and R102.1.2 (N1101.4.1) to read as follo ws: C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. R102.1.2 (N1101.4.1) Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. Regardless of the program or the path to compliance, each 1- and 2-family dwelling shall be tested for air and duct leakage as prescribed in Section R402.4.1.2 (N1102.4.1.2) and R403.3.3 (N1103.3.3) respectively. Section C202 (N1101.6) Definitions; add the following definition: PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave or permanently attached shading device. Section R202 (N1101.6) Definitions; add the following definition: DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change it performance properties, including U-factor, solar heat gain coefficient (SHGC), or visible transmittance (VT). Table 402.1.2 Maximum Assembly/Climate Zone items: amend table as follows. Climate Zone Fenestration U-Factorf Ceiling U-Factor 2 .40 0.29 3 0.32 0.29 Table 402.1.3 Insulation/Climate Zone items: amend table as follows. 93 Climate Zone Fenestration U-Factorb,i Ceiling R-Value Wood Frame Wall R-Value Slab R-Value & Depth 2 .40 42 13 or 0 + 10 0 3 0.32 42 19 or 13+3ci, 0+15 0 Section C402.5.2 Dwelling and sleeping unit enclosure testing. Added the underlined to read as follows C402.5.2 Dwelling and sleeping unit enclosure testing. The building thermal envelope shall be tested in accordance with ASTM E779. ANSI/RESNET/ICC 380, ASTM E1827 or an equivalent method approved by the code official. The measured air leakage shall not exc eed 0.30 cfm/ft2 (1.5 Us m2) of the testing unit enclosure area at a pressure differential of 0.2 inch water gauge (50 Pa). Where multiple dwelling units or sleeping units or other occupiable conditioned spaces are contained within one building thermal envelope, each unit shall be considered an individual testing unit, and the building air leakage shall be the weighted average of all testing unit results, weighted by each testing unit's enclosure area. Units shall be tested separately with an unguarded blower door test as follows: 1. Where buildings have fewer than eight testing units, each testing unit shall be tested. 2. For buildings with eight or more testing units, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit enclosure area. For each tested unit that exceeds the maximum air leakage rate, an additional two three units shall be tested, including a mixture of testing unit types and locations. Section R402.4.1 Building thermal envelope; add section R402.4.1.4 to read as follows R402.4.1.4 Sampling options for R2 multifamily dwelling units. For buildings with eight or more testing units that must be tested as required by R402.4.1.2 or R402.4.1.3, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit e nclosure area. For each tested unit that exceeds the maximum air leakage rate, an additional three units shall be tested, including a mixture of testing unit types and locations. Where buildings have fewer than eight testing units, each testing unit shall be tested. Section R403.3 Ducts; add section R403.3.8 to read as follows R403.3.8 Sampling options for R2 multifamily dwelling units. For buildings with eight or more testing units that must be tested as required by R403.3.5, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit floor area. For each tested unit that exceeds the maximum duct leakage rate, an additional three units shall be tested, including a mixture of testing unit types and locations. Where buildings have fewer than eight testing units, each testing unit shall be tested. Section R403.6 Mechanical Ventilation; add section R403.6.4 to read a s follows R403.6.4 Sampling options for R2 multifamily dwelling units. For buildings with eight or more testing units that must be tested as required by R403.6.3, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest testing unit floor area. For each tested unit that does not meet the minimum ventilation rate, an additional three units shall be tested, including a mixtur e of testing unit types and locations. Where buildings have fewer than eight testing units, each testing unit shall be tested. R405.2 Performance-based compliance. Added to underlined to read as follows. R405.2 Performance-based compliance. Compliance based on total building performance requires that a proposed design meets all of the following: 1. The requirements of the sections indicated within Table R405.2. 2. The building thermal envelope greater than or equal to levels of efficiency and solar heat gain coefficients in Table R402.1.1 or R402.1.3 of the 2009 International Energy Conservation Code. 94 3. An annual energy cost that is less than or equal to the annual energy cost of the 2021 standard reference design or 8% less than the annual energy cost of the 2018 standard reference design. Energy prices shall be taken from a source approved by the code official, such as the Department of Energy, Energy Information Administration's State Energy Data System Prices a nd Expenditures reports. Code officials shall be permitted to require time -of-use pricing in energy cost calculations. Exception: The energy use based on source energy expressed in Btu or Btu per square foot of conditioned floor area shall be permitted to be substituted for the energy cost. The source energy multiplier for electricity shall be 3.16. The source energy multiplier for fuels other than electricity shall be 1.1. Section R401.2.5 Additional Energy efficiency; deleted in its entirety. Section R408 ADDITIONAL EFFICIENCY PACKAGE OPTIONS; deleted in its entirety. Section R402.4.6 Electrical and Communication outlet boxes. Delete after the first sentence to read as follows. R402.4.6 Electrical and communication outlet boxes (air -sealed boxes). Electrical and communication outlet boxes installed in the building thermal envelope shall be sealed to limit air leakage between conditioned and unconditioned spaces. Section R404.2 Interior Lighting Controls; deleted in its entirety. TABLE R406.4 (N1106.4) MAXIMUM ENERGY RATING INDEX; amend to read as follows: TABLE R406.4 (N1106.4)1 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 2 63 3 63 1 This table is effective until August 31, 2022. TABLE R406.4 (N1106.4)2 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 2 59 3 59 2 The table is effective from September 1, 2022 to August 31, 2025. TABLE R406.4 (N1106.4)3 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 2 57 3 57 3 The table is effective from September 1, 2025 to August 31, 2028. TABLE R406.4 (N1106.4)4 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 2 55 95 3 55 4 This table is effective on or after September 1, 2028. Sec. 6-7. International Fuel Gas Code adopted. (a) Adoption. The International Fuel Gas Code with Appendices A through D, 2024 edition, is hereby adopted and designated as the Fuel Gas Code for the City of The Colony, Texas. A copy of the 2024 Edition of the International Fuel Gas 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 Fuel Gas Code. Each provision is a substitute for the identically numbered provision contai ned in the 2024 Edition of the International Fuel Gas Code or is a provision added to the 2024 Edition of the International Fuel Gas Code. Section 101.2 {Local amendments to Section 101.2 may be necessary to correspond with the State Plumbing Licensing Law.} Section 102.2; add an exception to read as follows: Exception: Existing dwelling units shall comply with Section 621.2. Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Section 306.5; change to read as follows: [M] 306.5Equipment and Appliances on Roofs or Elevated Structures. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an interior or exterior means of access shall be provided. Exterior ladders providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' level service space. Such access shall . . . {bulk of section to read the same} . . . on roofs having a slope greater than four units vertical in 12 units horizontal (33 -percent slope). . . . {remainder of text unchanged}. Section 306.5.1; change to read as follows: [M] 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. Section 401.5; add a second paragraph to read as follows: 96 Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" Section 404.12; change to read as follows: 404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (458 mm) top of pipe below grade. 404.12.1 Delete in its entirety. Section 406.4; change to read as follows: 406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure- measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Mechanical gauges used to measure test pressures shall have a range such that the highest end of the scale is not greater than five times the test pressure. Spring type gauges do not meet the requirement of a calibrated gauge. Section 406.4.1; change to read as follows: 406.4.1 Test pressure. The test pressure to be used shall be no less than 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge, For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3 ½"), a set hand, 1/10 pound incrementation and pressure range not to exceed 15 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one -half inches (3 ½"), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 50 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one -half times the proposed maximum working pressure. Diaphragm gauges used for testing must display a current calibration and be in good working condition. The appropriate test must be applied to the diaphragm gauge used for testing. Section 409.1; add Section 409.1.4 to read as follows: 409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12 -inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. Section 410.1; add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. Section 621.2; add exception as follows: 97 621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. Sec. 6-8. International Swimming Pool and Spa Code adopted. (a) Adoption. The International Swimming Pool and Spa Code with Appendices A through D, 2024 edition, is hereby adopted and designated as the Swimming Pool and Spa Code for the City of The Colony, Texas. A copy of the 2024 Edition of the International Swimming Pool and Spa 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 Swimming Pool and Spa Code. Each provision is a substitute for the identically numbered provision contained in the 2024 Edition of the International Swimming Pool and Spa Code or is a provision added to the 2024 Edition of the International Swimming Pool and Spa Code. Section 102.9; Change to read as follows: Section 102.9 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law, to include, but not limited to: 1. Texas Department of State Health Services (TDSHS); Standards for Public Pools and Spas; § 285.181 through § 285.208, (TDSHS rules do not apply to pools serving one - and two-family dwellings or townhouses). 2. Texas Department of Licensing and Regulation (TDLR); 2012 Texas Accessibility Standards (TAS ), TAS provide the scoping and technical requirements for accessibility for Swimming Pool, wading pools and spas and shall comply with 2012 TAS, Section 242. (TAS rules do not apply to pools serving one- and two-family dwellings or townhouses). Exception: Elements regulated under Texas Department of Licensing and Regulation (TDLR) and built in accordance with TDLR approved plans, including any variances or waivers granted by the TDLR, shall be deemed to be in compliance with the requirements of this Chapter. Section 113.4 Violation penalties; 113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code may be punishable for each day of the violation set forth by the authority having jurisdiction. Section 305; Change to read as follows: 305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. In only one-and two-family dwellings and townhouses, where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall not be required to comply with Sections 305.2 through 305.7. Section 305.2.7 Chain link dimensions. [Delete entire section] Section 305.4 structure wall as a barrier; Changes as follows: 305.4 Structure wall as a barrier. Where a wall of a dwelling or structure of a one - and two-family dwelling or townhouse or its accessory structure serves as part of a barrier and where doors or windows provide direct access to the pool or spa through that wall, one of the following shall be required: 98 1. Remainder Unchanged 2. Remainder Unchanged 3. Remainder Unchanged 4. Remainder unchanged 5. Remainder unchanged 6. Remainder unchanged Section 307.2.2.2; add to read as follows: Section 307.2.2.2. Adjacency to Structural Foundation. Depth of the swimming pool and spa shall maintain 1:1 ratio for building foundation, accessory structure foundation/piers, or footing of a retaining wall and with a 3 feet minimum distance from the building foundation. Exception: A sealed engineered design drawing will be required of any structure that does not meet the 1:1 ratio shall be submitted for approval. Section 310; Change to read as follows: 310.1 General. Suction entrapment avoidance for pools and spas shall be provided in accordance with APSP 7 (ANSI/PHTA/ICC 7) or for public swimming pools in accordance with State of Texas Rules for Public Swimming Pools and Spas, Title 25 TAC Chapter 265 Subchapter L, Rule § 265.190. [Remainder unchanged] Section 402.12; Change to read as follows: 402.12 Water envelopes. The minimum diving water envelopes shall be in accordance with Texas department of State Health services, Administrative Code Title 25, Chapter 265, Section 186 (e) and Figure: 25 TAC 256.186 (e) (6). (Delete Table 402.12 and Figure 402.12) ADD: Figure: 25 TAC § 265.186 (e) (6) Maximum Diving Board Height Over Water ¾ Meter 1 Meter 3 Meters Max. Diving Board Length 12 ft. 16 ft. 16 ft. Minimum Diving Board Overhang 2 ft. 6 in. 5 ft. 5 ft. D1 Minimum 8 ft. 6 in. 11 ft. 2 in. 12 ft. 2 in. D2 Minimum 9 ft. 10 ft. 10 in. 11 ft. 10 in. D3 Minimum 4 ft. 6 ft. 6 ft. L1 Minimum 4 ft. 5 ft. 5 ft. L2 Minimum 12 ft. 16 ft. 5 in. 19 ft. 9 in. L3 Minimum 14 ft. 10 in. 13 ft. 2 in. 13 ft. 11 in. L4 Minimum 30 ft. 10 in. 34 ft. 7 in. 38 ft. 8 in. L5 Minimum 8 ft. 10 ft. 13 ft. H Minimum 16 ft. 16 ft. 16 ft. From Plummet to Pool Wall at Side 9 ft. 10 ft. 11 ft. 6 in. From Plummet to Adjacent Plummet 10 ft. 10 ft. 10 ft. 99 Section 411.2.1 & 411.2.2; Change to read as follows: Section 411.5.1 & 411.5.2; Change to read as follows: Section 610.5.1; Change to read: Section 804 Diving Water Envelopes; Change to read as follows: Sec. 6-9. International Existing Building Code adopted. (a) Adoption. The International Existing Building Code with Appendices A through D, 2024 edition, is hereby adopted and designated as the Existing Building Code for the City of The Colony, Texas. A copy of the 2024 Edition of the International Existing Building 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 Existing Building Code. Each provision is a substitute for the identically numbered provision contained in the 2024 Edition of the International Existing Building Code or i s a provision added to the 2024 Edition of the International Existing Building Code. Section 102.4; change to read as follows: 102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. [No change to rest of section]. Section 110.2; delete number 11 as follows: Section 202; amend definition of Existing Structure as follows: Existing Building - A building, structure, or space with an approved final inspection issued under a code edition which is at least 2 published code editions preceding the currently adopted building code; a building, structure or space that is undergoing a change of occupancy or use. Section 202; amend definition of Existing Structure as follows; 100 Existing Structure - A building, structure, or space, with an approved final inspection issued under a code edition which is at least 2 published code editions preceding the currently adopted building code; a building, structure or space that is undergoing a change in occupancy or use. Section 306.1; add exceptions to read as follows: Exceptions 1. Components of projects regulated by and registered with Architectural Barriers Division of Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements of this chapter. 2. If the cost of the project is less than $50K, it must comply with ICC A1 17.1, or it shall be reviewed and inspected to the Texas Accessibility Standards by a Registered Accessibility Specialist. Section 306.2; add exception to read as follows: 305.1 Complete change of occupancy. Where an entire building undergoes a change of occupancy, it shall comply with Section 305.4.1 and shall have all of the following accessible features: 1. Not fewer than one accessible building entrance. Not fewer than one accessible route from an accessory building entrance to primary function areas. 3. Signage complying with 1111 of the International Building Code. 4. Accessible parking, where parking is being provided. 5. Not less than one accessible passenger loading zone, where loading zones are provided. 6. Not less than one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance. 7. At least on one accessible family or assisted use toilet room shall be provided in accordance with chapter 11 of the International Building Code. Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, Items 1 through 6 shall conform to the requirements to the maximum exte nt technically feasible. Exception: The accessible features listed in item 1 through 6 are not required for an accessible route to Type B units. Section 406.1; add a code reference to read as follows: 406.1 Material. Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material, in accordance with the requirements of NFPA 70. Section 503.16; add exception to read as follows: Exception: Compliance with the Texas Accessibility Standards is not considered equivalent compliance for the purpose of enforcement of this code section. Section 702.7; add a code reference to read as follows: 702.7 Materials and methods. All new work shall comply with the materials and methods requirements in the International Building Code, International Energy Conservation Code, International Mechanical Code, National Electrical Code, and International Plumbing Code, as applicable that specify material standards, detail of installation and connection points, penetrations, and continuity of any element, component, or system in the building. Section 802.5.1; change to read as follows: 802.5.1 Minimum requirement. Every portion of open-sided walking surfaces, including mezzanines, equipment platforms aisles, stairs, ramps, and landings that is more than 30 inches (762 mm) above the floor or garage below and is not provided with guards or those in which the existing guards ore judged are judged to be in danger of collapsing, shall be provided with guards. Section 803.1; [Paragraph remains unchanged and add the following.]: 101 For the purpose of fire sprinkler protection and fire alarm requirements included in this section, the work area shall be extended to include at least the entire tenant space or spaces bounded by walls capabl e of resisting the passage of smoke containing the subject work area, and if the work area includes a corridor, hallway, or other exit access, then such corridor, hallway or other exit access shall be protected its entirety on that particular floor level. Section 803.2.6; change exception to read as follows: Exception: Supervision is not required where the Fire Code does not require such for new construction. Section 803.3; change to read as follows: 803.3 Standpipes. The Fire Code already requires standpipes in these buildings [greater than 50 feet] retroactively in Section 1103.6. This new section would negate/lessen those retroactive provisions already contained in the Fire Code. Section 804.2; delete Exception #1 as follows: Exception 1:[delete] Exception 2: [remain unchanged]. Section 804.4.1.2; change to read as follows; 804.4.1.2 Fire escape access and details; 1. [Remain unchanged] 2. Access to a fire escape shall be through a door, except that windows shall be permitted to provide access from single dwelling units or sleeping units in Group R-1, R-2 and I-1 occupancies or to provide access from spaces having a maximum occupant load of 10 in other occupancy classifications. 3. Delete exception 3. 4. [Remain unchanged] 5. In all buildings of Group E occupancy up to and including the 12 th grade, buildings of Group I Occupancy, boarding houses, and child care, ladders of any type are prohibited on fire escapes used as a required means of egress. Section 804.6.2 Transoms; add language to read as follows: 804.6.2 Transoms. In all buildings of Group B, E, I-1, I-2, and R-2 occupancies . . . [Remainder unchanged]. Section 904.1 Transoms: add language to read as follows: For the purpose of fire sprinkler protection and fire alarm requirements included in this section, the work area shall be extended to include at least the entire tenant space or spaces bounded by walls containing the subject work area, and if the work area includes a corridor, hallway, or other exit access, then such corridor, hallway, or other exit access shall be protected in its entirety on that particular floor level. Section 904.1.1; change to read as follows: 904.1.1 High-rise buildings. An automatic sprinkler system shall be provided in work areas of high-rise buildings. Section 1011.2.1; change to read as follows: 1011.2.1 Fire sprinkler system. Where a change in occupancy classification occurs or where there is a change of occupancy within a space where there is a different fire protection system threshold requirement in Chapter 9 of the International Building Code that requires an automatic sprinkler system to be provided based on the new occupancy in accordance with Chapter 9 of the international Building Code. The installation of the automatic sprinkler system shall be required within the area of the change of occupancy 102 and areas of the building not separated horizontally and vertically from the change of occupancy by one of the following: 1. Fire barrier, as required by Section 707 of the IBC. 2. Fire wall, as required by Section 706 of the IBC. Exceptions: [Remain unchanged] Section 1102.2.1; add to read as follows: 1102.2.1 Fire Separations. Where fire separations are utilized to allow additions without exceeding the allowable area provisions of Chapter 5 of the IBC for either the existing building or the new addition, the decreased clear space where the two buildings adjoin shall be accounted for in such calculation relative to the allowable frontage increase. Section 1301.3.2; change to read as follows: 1301.3.2 Compliance with other codes. Buildings that are evaluated in accordance with this section shall comply with the International Fire Code. Section 1301.3.3 Compliance with Flood Hazard Provisions; delete this section. Section 1509; delete Section 1509.1 through 1509.5 and Section 1509.1 to read as follows: 1509.1 When required. An approved water supply for fire protection, either temporary or permanent, shall be made available as combustible material arrives on the site. The water supply design and timing of the water supply installation relative to building construction shall comply with the adopted Fire Code.” SECTION 3. 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, by adding a new section 6-10 entitled “International Property Maintenance Code Adopted” which shall read as follows: “Sec. 6-10. International Property Maintenance Code adopted. (a) Adoption. The International Property Maintenance Code, 2024 edition, is hereby adopted and designated as the Property Maintenance Code for the City of The Colony, Texas. A copy of the 2024 Edition of the International Property Maintenance Code is on file in the office of the city secretary.” SECTION 4. 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, by adding a new section 6-11 entitled “Standards for Accessible and Usable Buildings and Facilities Adopted” which shall read as follows: “Sec. 6-11. Standard for Accessible and Usable Buildings and Facilities adopted. (a) Adoption. The International Code Council (ICC) ICC A117.1-2017, Standard for Accessible and Usable Buildings and Facilities, 2017 edition, is hereby adopted. A copy of the 2017 Edition of the ICC A117.1-2017 is on file in the office of the city secretary.” SECTION 5. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining 103 portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 7. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 8. This Ordinance shall become effective 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 17th day of JUNE, 2025. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 104 Agenda Item No: 4.6 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Building Item Type: Ordinance Agenda Section: consent agenda Suggested Action: Consider approving an ordinance amending the ventilation requirements in The Code of Ordinance section 6-183 -Smoking areas designated. (Chumley) Background: Amending the ventilation requirements would allow the smoking section and non-smoking section to be separated through the HVAC systems. This addition to the ordinance also will prevent the non-smokers passing through a smoking section and prevent the possibility of smoke passing from the smoking section to a non-smoking areas including the kitchen and restrooms. Also in this section 2.2 The Building Department is proposing type 2 hood with a type 1 duct is used when heating coals. Typically a type 2 duct is used with a type 2 hood. The reason for the change to type 1 duct is because a type 2 duct is not rated for smoke and may leak into a covered ceiling or worse the spread of a fire vs. a type 1 duct is rated and tested during inspections to assure no leakage of smoke. Attachments: Ord. 2025-xxxx Code of Ordinance- Section 6-183 - Smoking Areas Designated.docx 105 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE VIII, ENTITLED “SMOKING,” BY REPEALING IN ITS ENTIRETY SECTION 6-183, ENTITLED “SMOKING AREAS DESIGNATED” AND REPLACING IT WITH A NEW SECTION 6-183, ENTITLED “SMOKING AREAS DESIGNATED” BY AUTHORIZING THE DESIGNATION OF SMOKING AREAS; PROVIDING THE REQUIREMENTS FOR SAID SMOKING AREAS; ESTABLISHING VENTILATION REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City to repeal the current Chapter 6, Section 6-183, and replace it with a new Chapter 6, Section 6-183, entitled “Smoking area designated” by establishing regulations for smoking areas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 6, Article VIII, entitled “Smoking”, by repealing in its entirety Section 6-183 entitled “Smoking areas designated” and replacing it with a new Section 6-183 entitled “Smoking areas designated,” which shall read as follows: “Sec. 6-183. Smoking areas designated. (a) The owner, lessee or other person in charge of a public place may, but is not required to designate one or more areas as smoking areas. (b) If a smoking area is designated in a public place, each such smoking area shall: (1) Be not larger than proportionate to the preference of the users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge; (2) Be situated so the ventilation minimizes the effect of smoke in adjacent nonsmoking areas, and so that air from the smoking areas is not drawn into or across 106 a nonsmoking area; (A) Ventilation Requirements: (i) Designed by a professional engineer; (ii) Serve only the smoking area of an establishment; (iii) Have a negative pressure within the smoking area that prevents smoke from escaping; (iv) Exchange the air within the smoking area every 15 minutes; (v) Exhaust exchanged air to the exterior of the establishment; (vi) Area must be separated from any non-smoking area of the establishment by impermeable walls and ceilings; (vii) Area must be independently ventilated and may not be part of other ventilation systems; (viii) All entrances and exits from the smoking area must be equipped with impermeable doors that are not allowed to remain open and are outfitted with automatic closing devices; and (ix) Proper sign must be posted at the entrance to the designated smoking area. (B) Exhaust Hood(s) for Heating Coal(s). The exhaust hood(s) for heating coal(s) only and no other purpose(s) shall be type 2 hood minimum with a type 1 duct minimum for only the following uses, smoking lounge, hookah lounge, or similar establishment at the discretion of the authority having jurisdiction. The minimum net airflow requirements for hoods used for this purpose shall be determine by 2024 IMC 507.3.4.1. (3) Be designated by appropriate signs which are clearly visible to patrons in or entering the area; (4) Contain ashtrays, containers, or other facilities for extinguishing smoking materials; (5) Be set apart or separated from nonsmoking areas; (6) Be located such that nonsmokers are not required to pass through them; and (7) Not include service line or cashier areas. (c) In the event the owner, lessee or person in charge of a public place can demonstrate that the users or patrons normally requesting a smoking area constitute such a large portion of the users of the public place that it is impractical for the owner, lessee or person in charge to meet the requirements of subsections (b)(2) and (b)(5) above without structural or other physical changes or significant expenditures, the owner, lessee or person in charge may designate an area not meeting the requirements of subsection (b)(1) above (including the entire public place, except for those areas designated in subsection (b)(7) above, as a smoking area). If the entire area is designated a smoking area, as provided in this section, 107 the owner, lessee or person in charge shall place a sign or signs at each entrance to the premises which are clearly visible and state that smoking is permitted throughout the premises.” 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. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17th day of JUNE, 2025. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 108 Agenda Item No: 4.7 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Information Technology Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution for a budget adjustment in the amount of $18,729.94 for a grant reimbursement from the Office of the Governor for Cybersecurity Enhancement, Grant Number 5220701. (Beam) Background: Attachments: Res. 2025-xxx Budget Adjustment - Cybersecurity Enhancement Grant.docx 109 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 -_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO APPROVE A BUDGET ADJUSTMENT FOR REVENUE RECEIVED FROM THE OFFICE OF THE GOVERNOR FOR CYBERSECURITY ENHANCEMENT – GRANT NUMBER 5220701; 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 approve a budget adjustment in the amount of $18,729.94 for revenue received from the Office of the Governor for Cybersecurity Enhancement – Grant Number 5220701. Section 2. 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 17th DAY OF JUNE, 2025. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 110 Agenda Item No: 4.8 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to approve funding in the amount of $116,287.00 for an emergency purchase order of a 2024 Ford F-550 work truck with an asphalt heater dump bed. (Whitt) Background: Approve the purchase of a 2024 Ford F-550 with an asphalt heater dump bed work truck, to replace a 2000 Ford f-350. The original budget for this item was $140,000.00. The manufacture no longer uses F- 350 chassis, this is now only available as a F-550 chassis. It is an improved truck with a heated dump bed. The total cost with all accessories (equipment) is $116,287.00. This request is the ratification of an emergency purchase, the 2002 asphalt heater truck was not operational and was too old to make repairs. An immediate purchase was necessary to maintain operations. This item is the council ratification of the budgeted purchase. Attachments: Vehical Specifications Form 10-4-2024.pdf Requistion for Purchase Order 10-28-2024.pdf Res. 2025-xxx Rush Truck Center Purchase Order.docx 111 112 113 114 115 116 117 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 - ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO RUSH TRUCK CENTER FOR THE PURCHASE OF ONE (1) 2024 F550 TRUCK WITH AN ASPHALT HEATER DUMP BED; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Rush Truck Center in the amount of $116,287.00 for the purchase of one (1) 2024 F550 Pickup truck with an asphalt heater dump bed. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17TH DAY OF JUNE 2025. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 118 Agenda Item No: 4.9 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to award a bid to Yellowstone Landscaping in the amount of $83,402.34 for citywide mowing surrounding pump stations, storage tanks, and lift stations needed throughout the city. (Whitt) Background: Consider approving a resolution authorizing the City Manager to award a bid to Yellowstone Landscaping in the amount of $83,402.34 for citywide mowing surrounding pump stations, storage tanks, and lift stations needed throughout the city. (Whitt) Attachments: The Colony Public Works- signed - 04-2023.cleaned.pdf Res. 2025-xxx Yellowstone Landscaping Mowing Services.doc 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 - ___ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AWARDING A BID FOR ANNUAL MOWING SERVICES TO YELLOWSTONE LANDSCAPING AS SPECIFIED IN THE ATTACHED EXHIBIT “A” BID SUMMARY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the annual seasonal mowing services surrounding pump stations, storage tanks, and lift stations is needed throughout the city; and WHEREAS, bids were received and evaluated with a bidder selected for Public Works Mowing projects; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. As identified in Exhibit “A” the annual seasonal mowing surrounding Public Works and Water Production facilities is to be awarded to Yellowstone Landscaping for $83,402.34 for such work. Section 2. The City Manager or his designee is authorized to issue appropriate purchase orders(s) in accordance with the bid awarded. Section 3. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 17th DAY OF JUNE, 2025. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary 140 APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 141 Agenda Item No: 4.10 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to reject all bids "Request for Proposals" (RFP) submitted for Pump Station 2 EI&C Upgrades - Bid #66-25-01. (Whitt) Background: Consider approving a resolution authorizing the City Manager to reject bids in the amount of $4,770,000.00 from Clark Electric and $2,704,000.00 from Taknek for the Pump Station 2 EI&C upgrades. The original Opinion of Probable Construction Cost (OPCC) was $1,660,000.00 and was calculated in Sept. 2024. Only two bids were received. Staff recommends rejecting all bids, updating the OPCC/budget and re-bidding project. Attachments: Bid Rejection Notice v01.pdf Bid Opening Sign in Sheet_ Bid Tabluation.pdf Res. 2025-xxx Rejecting Bids - Public Works Pump Station 2 EI&C upgrades.docx 142 Page 1 of 1 June 09, 2025 Subject: Bid Rejection Notice – BID #66-25-01 - PUMP STATIONS 2 EI&C UPGRADES Dear Bidders, Thank you for your interest and effort in submitting a proposal for BID #66-25-01 - PUMP STATIONS 2 EI&C UPGRADES project. After careful review and evaluation of all bids received, we have decided to reject all submissions at this time. This decision is based on a significant discrepancy in bid pricing, which prevents us from proceeding confidently and fairly with the current offers. We recognize and appreciate the time and resources each bidder dedicated to this process. However, in the interest of maintaining transparency, competitiveness, and alignment with our project budget, we believe it is in the best interest of all parties to re-evaluate the scope and bidding approach. We may reissue a revised bid solicitation in the near future, and we encourage your continued interest and participation. Thank you once again for your proposal and understanding. Sincerely, Hau Shing (Howie) LI, P.E. Team One Integration, LLC. hli@TeamOneIntegration.com (214) 718-7253 143 RFB 66-25-01 Pump Station 2 EIC Upgrades Bid Opening April 9th 2025 3:10 PM CST Company Base Bid ITEM 1 4,285,000.00$ 2,704,000.00$ Alternate Bid ITEM 2 170,000.00$ 20,000.00$ ITEM 3 230,000.00$ 120,000.00$ ITEM 4 35,000.00$ 12,000.00$ ITEM 5 50,000.00$ 5,000.00$ ITEM 6 -$ 20,000.00$ Unit Prices ITEM 7 58.00$ LF 110.00$ LF ITEM 8 26.00$ CY 150.00$ CY Allowance Items ITEM 9 12,000.00$ 12,000.00$ ITEM 10 10,000.00$ 10,000.00$ Summary A 1,900,000.00$ 900,000.00$ B 160,000.00$ 1,104,000.00$ C 2,710,000.00$ 700,000.00$ Not To Exceed Amount 4,770,000.00$ Clark Electric, Inc. Taknek 2,704,000.00$ 144 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 - ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, REJECTING ANY AND ALL BIDS CONCERNING THE PUMP STATION 2 EI&C UPGRADES AND AUTHORIZING THE REBIDDING OF SAID PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas, solicited bids for the FY 2024/2025 Public Works Department Pump Station 2 EI&C Upgrades project; and WHEREAS, the lowest bidders were Clark Electric with a price of $4,770,000.00 and Taknek with a price of $2,704,000.00; and WHEREAS, pursuant to the authority contained in Section 252.043(f) of the Texas Local Government Code, the City Council of the City of The Colony, Texas, is authorized to reject any and all bids. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. The City Council of the City of The Colony, Texas, pursuant to the authority contained in Section 252.043(f) of the Texas Local Government Code, finds and determines it is in the best interest of the City to reject any and all bids for the Project. SECTION 3. The City Council of the City of The Colony, Texas, hereby authorizes City Manager and City staff to take all actions necessary to rebid the Project in accordance with state law. SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this resolution, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validit y of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. All provisions of the resolutions of the City in conflict with the provisions of this Resolution shall be, and are hereby, amended and repealed, and all other provisions of the resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. 145 SECTION 6. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 17th DAY OF JUNE, 2025. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 146 Agenda Item No: 4.11 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to execute a purchase order in the amount of $809,675.00 with Graybar Omnia Public for the purchase and installation of a Motor Control Center at the Office Creek Water Treatment and Pump Station. (Whitt) Background: Consider approving a resolution authorizing the City Manager to execute a Purchase Order in the amount of $809,675.00 with GRAYBAR OMNIA PUBLIC for the purchase and installation of a Motor Control Center at the Office Creek Water Treatment and Pump Station. Original approved budget amount was for $807,537.00, there has been an increase of $2,138.00 for a total requested amount of $809,675.00. This item was competitively bid and will be purchased through a cooperative purchase agreement. Attachments: City of The Colony _May 2025.pdf Office Creek MCC Staff Report.doc Res. 2025-xxx Graybar Omnia Public.docx 147 4601 CAMBRIDGE RD FORT WORTH TX 76155-2233 Phone: 817-213-1206 Fax: 817-213-1373 To: CITY OF THE COLONY CITY OF THE COLONY 6800 MAIN ST THE COLONY TX 75056-1133 Attn: Jimmy Arthur Phone: 000-000-0000 Fax: Email: Date:05/21/2025 Proj Name: GRAYBAR OMNIA PUBLIC GB Quote #: 0248842677 Release Nbr: Purchase Order Nbr: Additional Ref# Valid From:05/21/2025 Valid To:06/20/2025 Contact:Macy McConnie Email:macy.mcconnie@graybar.com Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Notes: GRAYBAR OMNIA PUBLIC SECTOR CONTRACT EV2370 1. Disconnect the incoming cable to main switch. 2. Demo existing switchgear. 3. Install new main breaker. (section supplied by Schneider) 4. Install new breaker section. (section supplied by Schneider) 5. Install new 250 HP drive. Supplied by Schneider) 6. Install new 300 HP drive. Supplied by Schneider) 7. Install feeder to drives from main breaker section. 8. Install new feeders from drives to pumps. 9. Install new feeder to panel C. 10. Install new feeder to MOV#s. 11. Install new feeder to exhaust fans. 12. Install new feeder to miscellaneous equipment. 13. Trace out existing control wiring in MCC buckets. 14. Terminate all control wiring to all pumps, valves, and other control components. Excluded: Sales tax, engineering and design changes of plans, switchgear of any type including breakers, disconnects, starters, panels, transformers. (Builders quote is labor only and this list is their direct responsibility). Specific control wiring terminations are included within this proposal. Documented schematics will be available as needed and will be priced separately. All work is priced on straight time. Proposal will need to be adjusted if weekend, afterhours, or holiday work is required. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 1 of 3 148 To: CITY OF THE COLONY CITY OF THE COLONY 6800 MAIN ST THE COLONY TX 75056-1133 Attn: Jimmy Arthur Date:05/21/2025 Proj Name: GRAYBAR OMNIA PUBLIC GB Quote #: 0248842677 Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Pricing is subject to change due to unusual circumstances with ongoing tariffs for material being affected. Item Item/Type Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 100 1 EA SCHNEIDER SERVICES SCHNEIDER SERVICES - Q-4923413 $809,675.00 1 $809,675.00 ***Item Note:***PROJECT DETAILS AND DRAWINGS BELOW. ________________________________________________________________________________________________________________ Total in USD (Tax not included): $809,675.00 This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 2 of 3 149 To: CITY OF THE COLONY CITY OF THE COLONY 6800 MAIN ST THE COLONY TX 75056-1133 Attn: Jimmy Arthur Date:05/21/2025 Proj Name: GRAYBAR OMNIA PUBLIC GB Quote #: 0248842677 Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Signed:___________________________________ This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Page 3 of 3 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756 www.TheColonyTX.gov From: James Whitt, Department of Public Works Sent: June 16th 2025 Subject: Office Creek Pump Station, Motor Control Center (MCC) The Motor Control Center at the Office Creek Pump Station is over 40 years old and while still in operating condition has reached its maximum recommended life span. Motor Control Centers (MCC) are used in in a verity of pumping applications. A (MCC) is an assembly to control electric motors in a central location. It consists of multiple enclosed sections having a common power bus and with each section containing a combination starter, which in turn consists of motor starter (soft starters or variable frequency drives), fuses or circuit breaker s, and power disconnect. This replacement is phase # 1 for the left side of a two sided control panel the right side will be done at a later date as phase # 2. The proposed (MCC) unit has an increased capacity including a modern control panel expanded for the new higher horse power pumps. Replacing the left side (MCC) will allow the right side to remain functional for operations. The project consist of: Demolition of the existing switchgear Installation of new main breakers Installation of new 250 HP and 300 HP drives Installing new feeders to drive the main breakers. Installing new feeders from the new drives to pumps. Installing new exhaust fans and miscellaneous equipment. Miscellaneous conduit, wiring, and smaller peripherals 190 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 - ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GRAYBAR OMNIA PUBLIC FOR THE PURCHASE AND INSTALLATION OF A MOTOR CONTROL CENTER AT THE OFFICE CREEK WATER TREATMENT AND PUMP STATION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Graybar Omnia Public for the purchase and installation of a Motor Control Center at the Office Creek Water Treatment and Pump Station. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order to Graybar Omnia Public in the amount of $809,675.00. 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 17th DAY OF JUNE, 2025. _______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: __________________________________ Jeffrey L. Moore, City Attorney 191 Agenda Item No: 5.1 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: regular agenda items Suggested Action: Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with Huitt-Zollars for the design of the New Recreation Center Building Project in an amount not to exceed $1,583,900.00 to be funded by the Community Development Corporation. (Lehmann) Background: Attachments: CITY_MEMO_HZ_FULL_CONSTURCTION_DOCUMENTS.pdf Professional Services Agreement_(6-9-2025).cleaned.pdf Res. 2025-xxx Huitt- Zollars Professional Services Agreement.docx 192 AGENDA ITEM Memo TO: Mayor, City Council, City Manager, CDC DATE SUBMITTED: 06/10/2025 MEETING DATE: CDC: 06/12/2025 City Council: 06/17/2025 SUMMARY OF REQUEST: Consider approval of a Professional Services Agreement with Huitt-Zollars for Design Development, Full Construction Documents, Bidding, and Construction Administration. Professional Service Agreement Provided by Huitt-Zollars Background: In late 2024, City Council approved an initial design contract with Huitt-Zollars for programming and schematic design for the renovation of the former Stewart Creek Elementary. At the Joint City Council and CDC Meeting in May 2025, we presented the Schematic Design Report, which represented 30% of the overall design process. We were directed to move forward with the next design contract, which includes design development, construction documents, bidding/permitting, and construction administration. Scope of Work: The scope of work included in Huitt-Zollars Professional Service Agreement is as follows: • Design Development o Refine Schematic Design and Layouts o Initiate plans and constructions details for utilities, paving, life safety, structural systems, fire suppression, MEP, architecture o Refine opinion of probable construction cost • Construction Documents o Detailed drawing of each discipline o TDLR Accessibility Review o Ready-to-Advertise package of drawing • Bidding / Permitting o Municipal commercial plan review o Evaluation of bidders (Review CMAR submissions) • Construction Administration o Attend monthly meetings for the duration of construction o Review Submittals o Respond to RFI’s 193 Budget: The initial schematic design fee, which has already been approved and completed, was $415,800. The next step is for the full design contract we are looking to approve today for $1,583,900.00, for a total design fee of $1,999,700.00. Budgeted funds are available. 194 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 1 STATE OF TEXAS § CITY OF THE COLONY, TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services (“Agreement”) is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and Huitt- Zollars, Inc. (“Professional”), each a “Party” and collectively, “Parties”), acting by and through the Parties’ authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for the Parks and Recreation Department’s Recreation Center (“Project”) in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional’s profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the “Effective Date”) and shall continue until completion of the services provided by Professional to City under this Agreement. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 195 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 2 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Programming and Schematic Design Documents and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project Documents, whether in draft form or final form, which are produced at City’s request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re-use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City’s sole risk, without liability to Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the “Work Schedule”). 196 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 3 4.2 In the event Professional’s performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional’s request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional as more specifically set forth in Exhibit “A” by payment of a fee not to exceed One Million, Five Hundred-Eighty-Three Thousand and Nine Hundred Dollars, ($1,583,900.00), as follows: Basic Services: Design Development $ 525,000.00 Lump Sum Construction Documents $ 672,000.00 Lump Sum Bidding/Permitting $ 45,000.00 Lump Sum Construction Contract Administration $ 297,000.00 Lump Sum Basic Services Total $1,539,000.00 Lump Sum Special Services: Topographic Surveying $ 12,000.00 Lump Sum Geotechnical Investigation $ 16,900.00 Lump Sum Site Plan $ 7,500.00 Lump Sum 3D Renderings (2) $ 8,500.00 Lump Sum Special Services Total $ 44,900.00 Lump Sum Grand Total $ 1,583,900.00 Lump Sum 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional’s approved monthly invoice and other documentation submitted. 197 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 4 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event, City shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by 198 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 5 Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional’s services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs Professional’s work, except as may be set forth in Exhibit A. 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professional’s negligent performance of any of the services furnished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas ATTN: JOSEPH OERUM PURCHASING MANAGER 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. 199 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 6 C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty- six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader . C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to 200 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 7 conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, 201 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 8 or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: With Copy to: Troy C. Powell ATTN: JOSEPH OERUM City Manager City of The Colony City of The Colony 6800 Main Street 6800 Main Street The Colony, Texas 75056 The Colony, Texas 75056 If intended for Professional: John Ho, P.E. Huitt-Zollars, Inc. 5430 LBJ Freeway Suite 1500 Dallas, Texas 75240 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR 202 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 9 PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional’s obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional’s obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional’s own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential Information” means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non- public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 203 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 10 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third-Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. EXECUTED this _______ day of _____________________, 2025. City of The Colony, Texas By: City Manager Attest: City Secretary EXECUTED this _______ day of _____________________, 2025. Professional By: Name: Francis J. Wall, P.E. Title: Sr. Vice President Attest: June9th 204 EXHIBIT “A” City of The Colony Parks and Recreation Department Recreation Center DEVELOPMENT AND CONSTRUCTION DOCUMENT SCOPE OF SERVICES (JUNE 5, 2025) Project Description This project for the City of The Colony Parks & Recreation Department is for the renovation of the existing former Stewart Creek Elementary School building, located at 4431 Augusta Street, The Colony, Texas. This building is approximately 67,000 square feet, of which approximately 26,0000 square feet of spaces had been recently renovated by the City under separate contracts. This Project scope will provide development and construction documents of the Recreation Center to include a new HVAC system, interior lighting and new roof for the entire 67,000 square feet of the building. Additionally, there is an expansion to the south side of the building for a new gymnasium to include two full size basketball courts. It is assumed that the project delivery will be Construction Manager at Risk (CMAR). This proposal consists of the following services/disciplines: • Huitt-Zollars will perform Design Development (DD), Construction Documents (CD), and Construction Contract Administration services including Architectural, Interior Design, (MEP) Mechanical, Electrical, Plumbing Engineering, Fire Protection Engineering, Structural Engineering, Civil Engineering, Landscape Design, and additional Geotechnical Investigation, and Surveying Services. The DD and CD designs will be in general conformance to the approved Schematic Design package prepared by Huitt-Zollars. A. BASIC SERVICES: 1.0 SCHEMATIC DESIGN: .1 Package completed and accepted by Owner on May 8, 2025. 2.0 DESIGN DEVELOPMENT: .1 Review Schematic Design documents with stakeholders and adjust project requirements, drawings, project schedule, and budget accordingly .2 Confirm site plan layout/definition a. Confirm site utilities locations, capacities; modify as needed b. Confirm building floor plan layout/definitions c. Initiate dimension control plan(s) d. Initiate grading/drainage plan(s) e. Initiate utilities plan(s) 205 f. Initiate paving plan(s) g. Initiate erosion control plan(s) h. Initiate civil construction details .3 Life Safety planning and documentation .4 Landscape architecture, planting and irrigation .5 Structural systems a. Initiate foundation plan(s), schedules, and details b. Initiate roof framing systems planning, schedules, details c. Initiate Structural details, sections, and schedules including elevated walkway .6 Architecture a. Update/refine floor plan(s) b. Update/refine roof plan(s) c. Update/refine reflected ceiling plan(s) d. Update/refine building elevations e. Initiate building sections f. Initiate wall sections g. Initiate sections and details h. Initiate door and window schedules, frame elevations i. Initiate finish schedules, plans, and interior elevations j. Initiate equipment plans and schedules k. Coordinate with City’s Sign Vendor for interior and exterior signages, but designs are not part of AE services .7 Fire Suppression Systems a. Initiate fire suppression plans, riser location b. Initiate fire occupancy plans c. Initiate fire suppression sections, schedules and details .8 Plumbing a. Coordinate plumbing systems design with floor plans b. Determine water heating requirements c. Domestic water/sanitary soil and vent systems layouts d. Natural gas systems layout e. Roof drainage design f. Commercial kitchen systems (grease interceptor) g. Schedules, details, sections .9 Mechanical (HVAC) a. Coordinate mechanical equipment and air distribution layouts with floor plans b. Initiate mechanical room layouts/confirm clearances c. Initiate design of HVAC systems (air handling and distribution, exhaust) d. Schedules, details, controls .10 Electrical a. Site electrical plans and equipment schedules b. Power distribution layouts, panel locations, and switchgear location c. Lighting layout and schedules d. Fire alarm and mass notification system identification e. Initiate One-line diagram and initial demand requirements .11 Communications 206 a. Initiate data requirements and preliminary pathways b. Initiate electronic security system layouts, schedules, equipment requirements .12 Specifications-rough draft a. Initiate procurement and contracting requirements with Owner b. Initiate general administrative requirements with Owner c. Initiate technical specifications (1) Facility construction (2) Facility services (3) Site and infrastructure .13 Statement of Probable Construction Cost a. Unit costs for labor, materials, and subcontracted work .14 Deliverables a. Project documentation completed to a 60% level of design including identification of all key building and site components and systems 3.0 CONSTRUCTION DOCUMENTS: a. Detailed drawings of life safety, civil/site, landscaping, structural systems, architecture, interior design, fire protection systems, plumbing systems, mechanical systems, electrical systems, and communications systems; refined and expanded editions of each discipline’s work from the 2.0 Design Development phase. Included in the scope of services is interior design including creating interior color palette, sample boards, finishes schedule, finishes plans, and furniture layout. Construction documents of these items are included in the RTA package .2 Completed/fully edited specifications a. Procurement and contracting (will need Owner input and requirements) b. General administrative requirements c. Technical sections .3 Updated Statement of Probable Construction Cost .4 Submit to Texas Department of Licensing and Regulation for Registered Accessibility Specialist review for Texas Accessibility Standards compliance .5 Deliverables a. Ready-to-Advertise (RTA) package of drawings and project manual (bidding and specifications) 4.0 BIDDING / PERMITTING: .1 Application for municipal commercial plan review for building permitting a. Responses to plan reviewer comments/requests for clarifications .2 Assist with construction services solicitation a. Answer bidder inquiries through published addenda (with Owner) b. Electronic distribution of the RTA package to perspective bidders c. Preparation of addenda providing information supplementing, clarifying, or changing the RTA documents d. Evaluation of bidder requests for substitutions of specified materials or systems included in the RTA package e. Attend the pre-bid conference with the Owner and perspective bidders to provide an overview of the project 207 .3 Assist Owner with evaluation of bidding results .4 Incorporate all accepted substitutions, information elaborations, supplemental information and changes created from the bidding process into an updated drawings and project manual package and issue to the successful bidder upon award of the construction contract (Issue for Construction package). 5.0 CONSTRUCTION CONTRACT ADMINISTRATION: .1 Assist with one pre-construction conference facilitation .2 Attend one (1) monthly in person contractor’s regularly-scheduled progress meeting, assume a construction duration of 15-months .3 Review of construction submittals (shop drawings, material certificates, etc.) as required by specifications .4 Response to contractor inquires for supplemental information or documents interpretation .5 Attend a maximum of 15 site visits to the project site to observe progress of the construction work and attend 15 TEAMS’ meeting as requested by the City as relates a. Civil/site work b. Landscape planting and irrigation c. Structural systems d. Architectural systems e. Plumbing systems f. Mechanical systems g. Electrical systems h. Pre-final inspection to determine items/work yet to be completed; establish Substantial Completion (punch list creation) i. Final inspection to verify punch list items were addressed .6 Review contractor’s monthly application for progress payments .7 Project close-out administration a. Attend one final inspection with City, Contractor and provide final punch list b. Upon satisfaction of items being completed or corrected, provide Record Drawings, issue Certificate of Substantial Completion of the work c. Review contractor’s close-out documentation and forward to Owner for issuance of Consent of Surety, waivers and releases of liens or bonds; affirm warranties have been included B SPECIAL SERVICES: 1.0 TOPOGRAPHIC SURVEYING: .1 Perform additional topographic survey to the tract the north, limited to approximately 3-acre area that is cleared of trees 2.0 GEOTECHNICAL INVESTIGATION: .1 Based on previously completed SD plans, the previously provided geotechnical recommendation was inadequate, therefore additional borings are needed; two (2) borings to a depth of 75 feet and recommendations will be provided for the proposed deep foundation design 208 3.0 SITE PLAN (P&Z): .1 Prepare and submit Site Plan to City of The Colony Planning and Zoning review and approval. 4.0 3D RENDERINGS: .1 Prepare two 3D renderings, one for the gymnasium and the second for the reception area. C. EXCLUDED SERVICES: Huitt-Zollars, Inc. shall not be required to furnish any legal or accounting advice or service, nor is the training of operating personnel of such systems or equipment included in this Agreement. Testing of materials, existing conditions, or construction operations, including hazardous materials, asbestos, and toxic materials are excluded from this agreement. Testing and inspections during construction are the responsibility of others. 1.0 ADDITIONAL EXCLUDED WORK: .1 Environmental investigations (lead, asbestos, mold, environmental permitting, etc. .2 Off-site infrastructure systems design (including new taps to the sewer and water mains, etc.) .3 As-built measuring and documentation of existing construction .4 Sustainability design documentation for the purposes of certification through third-party certifying organizations (USGBC LEED, GBI Green Globes, etc.) .5 Design and construction commissioning services of building systems .6 Municipal regulatory authority application or review fees .7 Printing and distribution costs of bidding materials .8 Record documents production .9 Exterior and interior signage designs .10 Preliminary and Final Plats .11 Zoning, Special Use and other City permit applications .12 Right-of-Way and Easement Legal Descriptions .13 Furniture Selections .14 Weight Room Equipment Selections .15 Audio/Video and Security System .16 Subsurface Utility Engineering .17 Permitting Fees .18 TDLR Inspection fees D. OWNER-PROVIDED SERVICES OR MATERIALS: Items or materials required of the Owner may include: Property surveys; Hazardous materials exploration and testing END OF SCOPE OF SERVICES 209 Exhibit B Work Schedule Upon receiving Notice To Proceed in July 2025, the Professional will complete the Design Development, Construction Documents and Bid Documents in eight (8) months. 210 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 - ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH HUITT- ZOLLARS, FOR DESIGN DEVELOPMENT, PREPARATION OF CONSTRUCTION DOCUMENTS, BIDDING/PERMITTING AND CONSTRUCTION ADMINISTRATION FOR THE NEW RECREATION CENTER BUILDING PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of Huitt-Zollars, Inc., for the design development, preparation of construction documents, bidding/permitting, and construction administration for the New Recreation Center Building Project; and WHEREAS, with said Professional Services Contract, the City is agreeing to pay the sum not to exceed $1,583,900.00 with funding from the Community Development Corporation for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The Professional Services Contract, is found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute said Professional Services 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 THE 17TH DAY OF JUNE, 2025. __________________________________ ATTEST: Richard Boyer, Mayor City of The Colony, Texas ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 211 Agenda Item No: 5.2 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: General Admin Item Type: Ordinance Agenda Section: regular agenda items Suggested Action: Discuss and consider approving an ordinance ordering a special election to be held on Tuesday, November 4, 2025, for the purpose of submitting to the qualified voters of the City of The Colony, Texas, seven (7) proposed Home-Rule Charter Amendments. (Shallenburger) Background: Attachments: The Colony - Ord - Election - home rule charter amendments - 2025 -Final - 20250606.pdf 212 CITY OF THE COLONY, TEXAS ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2025, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF THE COLONY, TEXAS, SEVEN (7) PROPOSED HOME-RULE CHARTER AMENDMENTS; DESIGNATING THE PLACE AND MANNER OF HOLDING SAID ELECTION; DESIGNATING THE EARLY VOTING POLLING PLACE; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended (hereinafter referred to as the “Code”) establishes Tuesday, November 4, 2025, as a “uniform election date” for the purposes of conducting an election; and WHEREAS, the City Council of the City of The Colony, Texas, has on its own motion, determined to submit to the qualified voters of said City of The Colony for their adoption or rejection thereof certain proposed amendments to the existing Home-Rule Charter of the City of The Colony, Texas, pursuant to Section 9.004(a) of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Findings. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. Section 2. Election Order; Election Date; Purpose of Election. That a special election of the City of The Colony, shall be held on the 4th day of November, 2025, between the hours of seven o’clock a.m. (7:00 a.m.) and seven o’clock p.m. (7:00 p.m.), at The Colony Annex Building, located at 6804 Main Street, in the City of The Colony, Texas, for the following purposes: (1) to consider seven (7) ballot propositions to amend the City’s home-rule charter. Section 3. Proposed Charter Amendments. That at the Election the following amendments to the City Charter shall be submitted to the resident, qualified voters of the City of The Colony, Texas: 213 2 PROPOSITION NO. 1 Shall the City Charter be amended throughout to (A) correct non-substantive errors such as misspellings, punctuation, grammar and sentence structure; (B) provide non-substantive clarifications and include better descriptive language of the matters addressed in the Charter; (C) conform notice, publication, election requirements, and legal requirements to state law; (D) revise references to repealed or obsolete provisions of state law; and (E) reformat and reorganize the Charter? PROPOSITION NO. 2 Shall Section 1.14 of the City Charter be amended to read as follows: “Sec. 1.14. Sanitary sewer systems. The city shall have the power to provide for and/or own a sanitary sewer system and to require property owners to connect their premises with such sewer system; and to provide penalties for failing to make sanitary sewer connections; and shall further have the right to prescribe charges, rules, regulations, rates, and restrictions with reference to the use, consumption, waste, payment, cutoff, turn-on, connections and management of such system, and to prescribe penalties for violation of such rules and regulations.” PROPOSITION NO. 3 Shall Section 2.08 of the City Charter be amended to read as follows: “Sec. 2.08. City council compensation. The mayor shall receive compensation of $350.00 per month. Council members shall receive compensation of $250.00 per month. Any actual and necessary expense incurred while in the discharge of the duties of the office shall be paid upon an itemized statement of such expense being rendered, and approved by the city council at a regular meeting.” PROPOSITION NO. 4 Shall Section 2.11(a) of the City Charter be amended to read as follows: “Sec. 2.11. City council meetings. (a) Regular meetings: The city council shall have as many regular meetings as it shall deem necessary, provided, it shall have at least twelve (12) meetings each year to be held within the city limits of the City of The Colony.” PROPOSITION NO. 5 Shall Section 4.01 of the City Charter be amended to read as follows: “Sec. 4.01. Appointment and qualifications. 214 3 The city council, by majority vote, shall appoint a city manager who shall be chief administrative and executive officer of the city and shall be responsible to the city council for the administration of the affairs of the city. He shall be chosen by the city council solely on the basis of his executive and administrative training, experience and ability and need not, when appointed, be a resident of the city, except during his tenure of office, he shall be a resident. No member of the city council shall, during the time for which he is elected and for two (2) years thereafter, be appointed city manager. The city manager may be bonded at city expense in an amount of not less than one hundred thousand dollars ($100,000.00).” PROPOSITION NO. 6 Shall Section 4.06 of the City Charter be amended to read as follows: “Sec. 4.06. Residency requirement. The city manager as may be prescribed by ordinance, shall be required to live within the city limits of The Colony. All persons hired for such positions shall be allowed one (1) year to comply with this provision. The city council may waive the residency requirement.” PROPOSITION NO. 7 Shall Section 12.02 of the City Charter be amended to read as follows: “Sec. 12.02. Official bond for city employees. The city council may require bonds of all municipal officers and employees who receive or disburse any funds of the city. The amount of such bonds shall be determined by the city council and the cost thereof shall be paid by the city.” Section 5. Voting System, Ballot Proposition. Voting on the date of the election, and early voting therefore, shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to be used in connection with such voting system and the official ballots for the election shall conform to the Texas Election Code, as amended, so as to permit the electors of the City of The Colony to vote “Yes” or “No” on the seven (7) home-rule charter ballot propositions. Said ballots shall have printed therein such provisions, markings, and language as may be required by law and the Proposition shall be set forth on said ballots in substantially the following form and language: 215 4 SPECIAL ELECTION City of The Colony, Texas Tuesday, November 4, 2025 OFFICIAL BALLOT Charter Amendment Propositions That at the Election the following amendments to the City Charter shall be submitted to the resident, qualified voters of the City of The Colony, Texas: PROPOSITION NO. 1 YES NO Shall the City Charter be amended throughout to (A) correct non-substantive errors such as misspellings, punctuation, grammar and sentence structure; (B) provide non- substantive clarifications and include better descriptive language of the matters addressed in the Charter; (C) conform notice, publication, election requirements, and legal requirements to state law; (D) revise references to repealed or obsolete provisions of state law; and (E) reformat and reorganize the Charter? PROPOSITION NO. 2 YES NO Shall Section 1.14 of the City Charter, entitled “Sanitary Sewer systems” be amended to provide that the city may prescribe charges, rules, regulations, rates, and restrictions for the city’s sanitary sewer system? PROPOSITION NO. 3 YES NO Shall Section 2.08 of the City Charter, entitled “City council compensation” be amended and change the Mayor’s compensation from $100 per month to $350.00 per month and City Council members’ compensation from $100 per month to $250 per month? PROPOSITION NO. 4 YES NO 216 5 Shall Section 2.11(a) of the City Charter, entitled “City Council meetings” be amended to change the requirement that City Council shall hold at least one (1) meeting a month to a requirement to hold a minimum of twelve (12) meetings per year? PROPOSITION NO. 5 YES NO Shall Section 4.01 of the City Charter, entitled “Appointment and qualifications,” be amended to modify that the city manager may be bonded at city expense in an amount of not less than $100,000.00 from the current requirement of $10,000.00? PROPOSITION NO. 6 YES NO Shall Section 4.06 of the City Charter, entitled “Residency requirement” be amended by removing the city secretary from the city residency requirement? PROPOSITION NO. 7 YES NO Shall Section 12.02 of the City Charter, entitled “Official bond for city employees” be amended to change to a permissive requirement that the City Council may require bonds of all municipal officers and employees who receive or disburse any funds of the city? Section 6. Election Precincts; Polling Place. That the City of The Colony does hereby designate one (1) Election Day polling location for the voters of the City of The Colony. The Election Day polling place is hereby designated to be located at the following: Polling Place The Colony Annex Building 6804 Main Street The Colony, Texas 75056 Section 7. Appointment of a Presiding Election Judge, and Alternate Presiding Election Judge; Notice of Appointment. 217 6 The City Council shall, in accordance with the Texas Election Code, appoint a Presiding Judge and Alternate Presiding Judge for each polling place consistent with state law. The City Secretary shall in accordance with Section 32.009 of the Texas Election Code, deliver to the Presiding Judge and Alternate Presiding Judge notice of their appointment not later than the 20th day after the date the appointment is made. Section 8. Early Voting; Early Voting Polling Place. That early voting by personal appearance shall be conducted at The Colony Annex Building, 6804 Main Street, The Colony, Texas 75056, on the following dates and times: Monday, October 20 – Friday, October 24 8 a.m. – 5 p.m. Saturday, October 25 7 a.m. – 7 p.m. Sunday, October 26 11 a.m. – 4 p.m. Monday, October 27 – Friday, October 31 7 a.m. – 7 p.m. Section 9. Election Compliance. This election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In all City elections, the Mayor, City Secretary, or City Council shall perform each act as is required to be performed, in connection with the holding and consummation of such election, and to give effect to the intent of this Ordinance. Section 10. Voting Qualification; Voting Materials. That all registered, qualified voters of the City shall be permitted to vote at the election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in English and Spanish for use at the polling places and for early voting for the Election. Section 11. Notices. That the City Secretary is hereby ordered and directed to give notice of the election by: (a) Publishing the notice of the election at least once, not more than thirty (30) days nor less than ten (10) days before the election in the official newspaper of the City, or between October 5, 2025 and October 25, 2025; (b) Filing with the City Secretary, a copy of the notice of the election; (c) Posting a copy of the notice on the bulletin board used for posting notices of the meetings of the City Council at least twenty-one (21) days before the election, by October 14, 2025; and (d) Delivering notice of the election to the Denton County clerk not later than the 60th day before election day, or September 5, 2025. 218 7 The City Secretary shall file with the City Secretary a copy of the Publisher’s Affidavit, which complies with the Texas Election Code, as amended, that the notice was published, with the name of the newspaper and the dates of publication. Section 12. Severability Clause. If any word, section, article, phrase, paragraph, sentence, clause, or portion of this Ordinance or application thereto to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion 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 13. Effective Date. This Ordinance shall take effect immediately upon its adoption and publication in accordance with and as provided by law and the City Charter. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17th day of JUNE, 2025. Richard Boyer, Mayor ATTEST: Tina Stewart, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 219 Agenda Item No: 5.3 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: General Admin Item Type: Ordinance Agenda Section: regular agenda items Suggested Action: CONTINUED: Discuss and consider approving an ordinance amending Chapter 8 Section 8-15, entitled "Homestead Exemption" by amending the current homestead exemption. (Miller) Background: Any homestead exemption granted by the City Council will have to be approved and to DCAD no later than July 1, 2025. The council must discuss and consider the homestead exemption rate for the next year by that date. The current homestead rate is 3%. It is the desire of Council to discuss the possibility of a fixed amount exemption for those residential homes with a qualifying over 65 or disabled exemption. This exemption would be in addition to the regular homestead exemption. Attachments: Ord. 2025-xxx Homestead Exemption.docx 220 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2025 - ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, ENTITLED “FINANCE AND TAXATION,” BY AMENDING ARTICLE I, SECTION 8-15, ENTITLED “HOMESTEAD EXEMPTION” BY AMENDING THE HOMESTEAD TAX EXEMPTION FROM THREE PERCENT (3%) TO PERCENT ( %) OR $5,000.00 OF THE APPRAISED VALUE OF A RESIDENTIAL HOMESTEAD, AND PROVIDING A HOMESTEAD EXEMPTION FOR THOSE DISABLED OR 65 YEARS OF AGE OR OLDER IN THE AMOUNT OF $15,000.00 OF THE APPRAISED VALUE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Constitution of the State of Texas was amended in 1981 by a vote of the people to allow cities the local option to grant homestead exemptions; and WHEREAS, Section 11.13(n) of the Texas Tax Code provides the authority for the City Council of the City of The Colony, Texas, to provide a homestead exemption in the amount of one percent (1.0%) or $5,000.00, and reads as follows: (n) In addition to any other exemptions provided by this section, an individual is entitled to an exemption from taxation by a taxing unit of a percentage of the appraised value of his residence homestead if the exemption is adopted by the governing body of the taxing unit before July 1 in the manner provided by law for official action by the body. If the percentage set by the taxing unit produces an exemption in a tax year of less than $5,000 when applied to a particular residence homestead, the individual is entitled to an exemption of $5,000 of the appraised value. The percentage adopted by the taxing unit may not exceed 20 percent. WHEREAS, the City Council of the City of The Colony, Texas, has previously approved a residential homestead exemption in the amount of three percent (3.0%) of the appraised value of a residential homestead; and WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered that the residential homestead exemption for a residential homestead should be amended to percent ( %) of the appraised value of a residential homestead; and WHEREAS, Section 11.13(d) of the Texas Tax Code provides the authority for the City Council of the City of The Colony, Texas, to provide a homestead exemption to an individual who is disabled or is 65 or older, and reads in pertinent part as follows: 221 Page 2 (d) In addition to the exemptions provided by Subsections (b) and (c) of this section, an individual who is disabled or is 65 or older is entitled to an exemption from taxation by a taxing unit of a portion (the amount of which is fixed as provided by Subsection (e) of this section) of the appraised value of his residence homestead if the exemption is adopted either: (1) by the governing body of the taxing unit; or . . .”; and WHEREAS, Section 11.13(e) of the Texas Tax Code provides that the homestead exemption to an individual who is disabled or is 65 or older is $3,000 of the appraised value of the residence homestead unless a larger amount is specified by the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas , is hereby amended by amending Chapter 8, entitled “Finance and Taxation,” Article I, by amending section 8-15, entitled “Homestead exemption” which shall read as follows: “Sec. 8-15. Homestead exemption. (a) Homestead Exemption. From and after the effective date of the ordinance, and in addition to any other exemptions provided by this section, a homestead exemption of percent is granted to all qualified homeowners subject to the city's property tax pursuant to the laws of the State of Texas regulating the assessment of ad valorem taxes. If this percentage produces an exemption of less than $5,000.00 when applied to a particular residence homestead, the individual shall be entitled to an exemption of $5,000.00 of the assessed value of the property. (b) Disabled and 65 Years of Age or Older. From and after the effective date of the ordinance, and in addition to any other exemptions provided by this section there is hereby created and established an exemption to ad valorem taxes imposed by the City on the residence homesteads of individuals who are disabled or aged sixty-five (65) or older in the amount of fifteen thousand dollars ($15,000.00), subject to the limitations set forth in Texas law, including Section 11.13(d) of the Texas Tax Code, as it exists or may be amended. A person may not r eceive an exemption for more than one (1) residence homestead no matter where located in the same year.” SECTION 3. That the Chief Appraiser for the Denton County Appraisal District shall give appropriate notice to the general public advising it of the availability of the exemption. SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by 222 Page 3 a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17th DAY OF JUNE, 2025. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 223 Agenda Item No: 5.4 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: regular agenda items Suggested Action: Discuss and consider appointing members to various boards and commissions. (Council) Background: 224 Agenda Item No: 6.1 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: executive session Suggested Action: A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Background: 225 Agenda Item No: 6.2 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: General Admin Item Type: Discussion Agenda Section: executive session Suggested Action: B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Background: 226 Agenda Item No: 7.1 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Discussion Agenda Section: executive session action Suggested Action: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Background: 227 Agenda Item No: 7.2 CITY COUNCIL Agenda Item Report Meeting Date: June 17, 2025 Submitted By: Ana Alvarado Submitting Department: General Admin Item Type: Discussion Agenda Section: executive session action Suggested Action: B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Background: 228