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HomeMy WebLinkAboutCity Council-Agenda Packets-5/4/2004 city Of n~ Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET MAY 4, 2004 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of 2004-2005 Council Planning Worksession PC-2. Discussion of possible football facility sites PC-3. Discussion of Overhead Utility Relocation Ordinance for undeveloped properties PC-4. Discussion of the City Attorney's attendance at the Planning and Zoning Commission meetings PC-5. Discussion of May 4, 2004 City Council regular agenda items REGULAR AGENDA G:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Pending Litigation - Broadland Limited Partnership, Plaintiff vs. Keith Dovers and Ramon Ortiz, Defendants Pending Litigation - Jo Ann Johns, Plaintiff vs. The City of Colleyville, Texas, and Utilities Incorporated d/b/a H & W Utility Contractors, A Texas Corporation, Defendants Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - INVOCATION: Environmental Conservation Organization (UECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Property Acquisition - Fire Station Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 7:30 P.M. - RESUME REGULAR MEETING Sister Dorothy Eggering, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of National Memorial Police Week, May 9-15,2004 _ Police Chief John Young and Officer Bill Hudgins PROCLAMATION - In recognition of National Public Works Week, May 16-22, 2004 _ Operations Manager Kelly Howell CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2368 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 20, 2004 b. Approval of minutes of the Special City Council meeting of April 27, 2004 PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1460 - Approval of an amendment to Ordinance 0-01-1277, the PUD-R for Strathmore Addition, located in the 3200 block of Glade Road, Case Z-04-016 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1461 _ Authorizing the Issuance of Waterworks and Sewer revenue refunding bonds, Series 2004 (Note: Resolution R-02-2055 authorizes one reading of an ordinance for the issuance of debt for which the only purpose is to refund prior issues per Texas Government Code Title 9, Chapter 1201-028 and 1201-002) G. READING AND PUBLIC HEARING - Resolution R-04-2369 - Approval of the use of the Voluntary Library Fund, in the amount of $36,436, for the purchase of books and processing materials 7. READING AND PUBLIC HEARING - Resolution R-04-2370 - Approval of a deferral of parkland dedication fees for 21.551 acres in the Town Center Colleyville Addition, located in the 5500 block of Colleyville Boulevard, Case G- 04-012 8. READING AND PUBLIC HEARING - Resolution R-04-2371 - Approval of an lnterlocal Agreement with Tarrant County for Improvements to Glade Road, Pleasant Run Road and a section of Cheek Sparger Road, in an amount not to exceed $145,000 9. READING AND PUBLIC HEARING - Resolution R-04-2372 - To override the Mayor's veto of Resolution R-04-2365, appointing members to the Planning and Zoning Commission 10. READING AND PUBLIC HEARING - Resolution R-04-2373 - Consideration of appointments to the Planning and Zoning Commission REPORTS: 11. TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - January 12, 2004 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - March 8, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - March 9, 2004 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 4, 2004 - Reading and Public Hearing - Resolution R-04-2374 ADJOURNMENT: 14. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 30, 2004, at~w Cynthia Singleton, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. PRE COUNCIL cc@m", AGENDA BRIEFING Il"X..$ MEETING DATE: ITEM#: ! 05/04/04 PC-1 CITY MANAGER j DEPARTMENT HEAD i FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Discussion of the 2004-2005 Council Planning Worksession This item provides for further discussion of the 2004-2005 City Council planning worksession. During the April 20, Pre Council meeting, the City Council selected June 10 and 11 for the worksession. The Thursday session would begin at 5:30 pm and the Friday session would start at noon with meetings being held at Colleyville City Hall, Executive Conference room. As discussed at the last City Council meeting, the format of the worksession would be to review current activities, to identify budget preparation objectives and direction for next year and to prepare various goals and objectives. Staff has confirmed that each of the City Council candidates can attend the meeting, if elected May 15. Attachment . City Manager memo dated April 21,2004 ~e MEMORANDUM Office of City Manager FROM: SUBJECT: DATE: Mayor and City Council Council candidates Bill Lindley 2005 FY Planning Worksession April 21 , 2004 TO: During the City Council worksession yesterday evening, the Council adjusted the planning session scheduled that is planned for June. The new dates and times will be: . Thursday, June 10, 2004 starting at 5:30 pm · Friday, June 11, 2004 starting at noon The purpose of the meeting will be to provide overall budget direction for development of the 2005 FY budget. Another feature of the worksession is to provide an opportunity for the City Council to identify key work objectives for the next year. This input and direction provides a foundation for my developing the budget for presentation and work initiatives for the upcoming year. The worksession will be held in the Executive Conference room on the 3rd floor of City Hall. Food and refreshments will be provided. I appreciate your scheduling these two dates on your calendars. Please feel free to give me or Dianne McWethy a call should you have any questions about the worksession. I have also provided a revised budget calendar to reflect the correct dates. Those items that are in bold are for specific City Council meeting dates that you will want to be sure to mark on your calendar. We look forward to the meeting. Attachment · 2005 Budget Calendar PRE COUNCIL Cil)' Of CC@~'" AGENDA BRIEFING lL-...,,$ MEETING DATE: I ITEM#: 05/04/04 PC-2 CITY MANAGER , DEPARTMENT HEAD i FINANCE REVIEW' Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Discussion of possible football facility sites This item is provided as an update of staff's work effort regarding the development of securing a football practice field at Colleyville Heritage High School (CHHS). During the April 20, 2004, Pre Council meeting, staff presented a review of various potential sites for development of additional practice areas for the Colleyville Youth Football Association (CYFA) program. The City Council directed staff to discuss with GCISD securing the area adjacent to SH121 for practice fields. The scope of the discussion was to secure the area for football practice, with no installation of lighting or other city expenses for improvements or maintenance. The City Manager met with the District Superintendent staff on Tuesday, April 27, 2004. During the meeting, it was requested that they confirm use of the field practice area, adjoining smaller practice area, use of parking and access to the restrooms. GCISD staff indicated that they would have to review the designation for the smaller practice area adjacent to the baseball field for any possible conflicts with their varsity program. The City Manager conveyed that City Council direction is to secure the site for next year without any installation of lighting or other maintenance costs by the City. Both staffs agreed that any capital improvement would require a new and separate agreement. GCISD staff advised that they would not be able to arrange for the use of the property for greater than two (2) years. The GCISD staff was supportive of allocating the area during the football season for evenings and Saturdays. It was noted though that the Board may respond with a requirement to rent the area, which is based on staff's observations of soccer teams (team hometown unknown) apparently using the area that may be willing to rent the property (to secure the use next year). The GCISD staff said that they would present the football request to the Board at the May meeting. Attached is the draft "Memorandum of Understanding" that was reviewed with the District staff. The District staff will further review the draft, but on the initial review did not find any items of administrative concern. Attachments . Memorandum of Understanding STATE OF TEXAS ~ COUNTY OF TARRANT ~ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLLEYVILLE, TEXAS AND THE GRAPEVINE- COLLEYVILLE INDEPENDENT SCHOOL DISTRICT (GCISD) FOR THE USE OF COLLEYVILLE HERITAGE HIGH SCHOOL (CHHS) PROPERTY ADJACENT TO STATE HIGHWAY 121 This Memorandum of Understanding (the "Memorandum") for the use of the Colleyville Heritage High School (CHHS) property made and entered into by and between the City of Colleyville, Texas, a municipal corporation located in Tarrant County, Texas, hereinafter referred to as "City", and GCISD, an independent school district in Tarrant County, Texas, partially located in the City of Colleyville, and which is hereinafter referred to as "District". WHEREAS, the City and the District desire to enter into an a Memorandum of Understanding for the use the CHHS property; and WHEREAS, the City and the District are willing to cooperate with one another to accomplish the use of CHHS as provided in this Memorandum of Understanding; and WHEREAS, it is mutually advantageous to both parties to enter into this Memorandum of Understanding: WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the City and the District hereby contract, covenant, warrant and agree as follows: I. ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Memorandum of Understanding are true and correct and are hereby incorporated into the body of this Memorandum of Understanding, as though fully set forth in their entirety herein. II. OBLIGATIONS OF PARTIES 1. The District agrees to allow the City priority use of the CHHS facility property above other non-school related use during the months of August to November, from 5:00 p.m. until dark on Monday through Friday and on Saturday from 8:00 a.m. until dark for _ years beginning August 2004. 2. The District agrees that the CHHS property for use is defined in Exhibit A. 3. The District agrees that should the District decide to terminate the use by the City for the CHHS property, the City will be able to complete the current football season. 4. In the event the City shall make permanent improvements and/or provide maintenance for the CHHS facility, this Memorandum of Understanding will be terminated and the City and the District shall execute an Interlocal Agreement for the use of the CHHS property. 5. This Memorandum of Understanding is in addition to the Interlocal Agreement for Park, Playground and other Recreational Facilities, that has been in effect since 1993. III. NOTICES Any notice required to be given under this Memorandum of Understanding shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO GCISD: TO COLLEYVILLE: GCISD 305 Ira E. Woods Grapevine, Texas 76051 Attention: School Superintendent City of Colleyville 100 Main Street Colleyville, Texas 76034 Attention: City Manager A change of address may be made by either party upon giving ten (10) days prior written notice. IV. MISCELLANEOUS PROVISIONS 1. This Memorandum of Understanding shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 2. This Memorandum of Understanding constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties regarding the subject matter hereof related to CHHS property. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Memorandum of Understanding may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. If, in case anyone or more of the provisions contained in this Memorandum of Understanding shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, or unenforceability shall not affect any other provision hereof and this Memorandum of Understanding shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Memorandum of Understanding are and shall be performable in Tarrant County, Texas. 7. Each party hereto warrants that it has received authority from its governing body to enter into this Memorandum of Understanding. EXECUTED this the day of ,2004. CITY OF COLLEYVILLE, TEXAS GCISD President, Board of Trustee GCISD Mayor City of Colleyville, Texas ATTEST: ATTEST: City Secretary City of Colleyville, Texas GCISD [SEAL] [SEAL] This instrument was acknowledged before me on the day of , 2004, by , City Manager, City of Colleyville, for the purposes and consideration therein expressed. Notary Public in and for the State of Texas STATE OF TEXAS ~ COUNTY OF TARRANT ~ This instrument was acknowledged before me on the day of , 2004, by , School Superintendent, GCISD, for the purposes and consideration therein expressed. Notary Public in and for the State of Texas ffi n ~ 0 ;; ~ o ~ ~ tT1 ~ ~ (/1 -< @ ~ ~ b tT1 g tT1 lo'!j 0 OJ 0 ~ ~ ~ ~ OJ > ~ ~ - - ~ ~ 0 .po. en. ~ @ en. PRE-COUNCIL cc6", AGENDA BRIEFING Tl~X,,$ MEETING DATE: ITEM#: 05/04/04 PC-3 CITY MANAGER ! DEPARTMENT HEAD! FINANCE REVIEW' N/A Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Discussion of Overhead Utility Relocation Ordinance for undeveloped properties The SH26 Advisory Committee has been working on a proposal to relocate the existing overhead electric power lines along SH26 by burying them underground. The SH26 Advisory Committee met March 23, 2004, and in conjunction with the proposal is a recommendation for City Council to consider adoption of an ordinance, to require new developments to place overhead utility lines underground as properties develop. Attached is a proposed ordinance, which upon approval, will require all new developments in Colleyville to place all private utilities underground. The proposed ordinance will be an amendment to Chapter 14 of the Land Development Code. Staff will provide a short presentation and will be seeking City Council comments. Since the proposed ordinance will be amending a subdivision development standard, staff recommends that the Planning and Zoning Commission consider the amendment and make a recommendation to the City Council. Attachments: . Proposed Private Utility Ordinance ORDINANCE 0-04-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 14, ENGINEERING DESIGN STANDARDS, OF THE LAND DEVELOPMENT CODE, AS AMENDED, REGARDING PRIVATE UTILITIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 14, of the Land Development Code, as amended, is hereby amended to insert a new Section 14-182, Private Utilities Provisions, to read as follows: Section 14-182 Private Utilities Provisions A. Definitions - For purposes of this section, the following definitions shall apply: 1. "Utility services" - The facilities of any person, firm, or corporation providing electric, telephone, video and other communication cables, including internet service, or any other such item or service for public use, but not those provided by the City of Colleyville. 2. "Electrical transmission line" - Those high voltage supply electric lines that emanate from substations used to distribute power through an area to an unspecified number of customers. 3. "Lateral/distribution lines" - Those wires, cables or lines used to provide service to an area of customers. Ordinance 0-04-xxxx Page 2 of 4 4. "Service lines" - Those wires, cables or lines used to provide service between a lateral/distribution line to an end-user and normally located on the property of the end-user. B. Applicabilitv - This regulation shall be applicable to vacant, undeveloped, properties, located within the corporate limits of the City of Colleyville. C. Requirement - From and after the effective date of this Ordinance, all subdivision plats, including replats, submitted to the City for approval for a vacant property shall include construction plans that provide for private utility services, including all lateral/distribution lines to be placed underground. D. Construction Permit - Prior to construction of any private utility service, utility companies shall submit plans, showing the extent and location of construction, to the City and receive a construction permit. No permit shall be required in the event of an emergency in order to restore service. The location of all new equipment shall be shown on the construction plans. E. Easements - Responsibility for obtaining or verification or all easements shall be with the developer of the utility company providing the private utility service. Easement locations and widths shall be shown on the construction plans. Any changes during construction shall be approved by the utility companies and the City of Colleyville. F. ExistinQ Overhead Services - Existing overhead lateral/distribution lines and service lines located within the land proposed for development must be relocated or placed underground to accommodate the development, the developer is responsible for relocation and placement of the lines underground. G. New Services - New overhead lateral/distribution lines and service lines shall be placed underground. H. ScreeninQ of Support Equipment - Support equipment, such as transformers, amplifiers, switching devices, etc., necessary for underground installations, shall be screened with live plant material to provide a solid screen from view from public streets. Screening shall be the responsibility and at the cost of the developer or utility company. The location of the screening material shall be coordinated with the utility companies to ensure safe and efficient access to the equipment. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-xxxx Page 3 of 4 I. Cost Recovery - Nothing in these regulations shall prevent a utility company from charging or recovering the costs associated for compliance with these regulations. No utility company shall be required to begin construction of underground facilities unless and until the owner or developer has made arrangements with the respective utility company for payment in accordance with that respective utility's Tariff for Service and/or Line Extension Policy. J. Temporary Service - A construction service may be provided by overhead electric lines and facilities without obtaining a variance or exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed. K. Additional Standards - All utility installations regulated by this section shall also conform to the standards for utility construction contained in the Colleyville Land Development Code. L. Waivers and Exemptions - The City Council may approve a waiver or an exemption to a requirement of this section where it is determined to be impractical or not in the best interests of the public for strict compliance. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an Ordinance 0-04-xxxx Page 4 of 4 alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney PRE COUNCIL Cily Dr CC~'" AGENDA BRIEFING 11"XOlS MEETING DATE: ! ITEM#: ! 05/04/04 PC-4 CITY MANAGER I DEPARTMENT HEAD i FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Discussion of the City Attorney's attendance at the Planning and Zoning Commission meetings This item is provided to allow for City Council discussion to consider having legal counsel attend the Planning and Zoning Commission meetings. During the April 6, 2004, citizen comment portion of the regular agenda, Commission Chair Wall discussed with the City Council various points from his experience related to a recent ethics investigation. Among other items, Chair Wall requested that the City Council consider providing an attorney to attend the regular meetings of the Planning and Zoning Commission to provide the opportunity for legal counsel during Commission meetings. The Commission is scheduled for 24 regular meetings a year. During 2003, the Commission met an average of 1.7 hours per meeting, with a minimum number of 0.5 hours and a maximum number of 4.0 hours. The City Attorney currently bills the City $95.00 per hour. Budgeting for an average of 1.7 hours per meeting would require funding in the amount of $3,900. On the basis of the above information, it appears that funds, in the amount of $6,500, would provide adequate funding for regular meetings and any special research related to a Commission meeting. PRE-COUNCIL ccen", AGENDA BRIEFING {('x,,:; MEETING DATE: i ITEM#: : 05/04/04 PC-5 CITY MANAGER ! DEPARTMENT HEAD ! FINANCE REVIEW! N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the May 4, 2004, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. CITY COUNCIL CC@n<1l AGENDA BRIEFING i"'~;)$ MEETING DATE: ITEM#: RESOLUTION #: 05/04/04 1 N/A CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW : /A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Pending Litigation - Broadland Limited Partnership, Plaintiff vs. Keith Dovers and Ramon Ortiz, Defendants Pending Litigation - Jo Ann Johns, Plaintiff vs. The City of Colleyville, Texas, and Utilities Incorporated d/b/a H & W Utility Contractors, A Texas Corporation, Defendants Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization ("ECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Property Acquisition - Fire Station Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard CITY COUNCIL cc@~(/) AGENDA BRIEFING In.;;)::, MEETING DATE: 05/04/04 CITY MANAGER i ITEM#: 2 DEPARTMENT HEAD {} RESOLUTION #: N/A FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of National Memorial Police Week, May 9-15,2004- Police Chief John Young and Officer Bill Hudgins PROCLAMATION - In recognition of National Public Works Week, May 16-22, 2004 - Operations Manager Kelly Howell roclamation CITY OF Colleyville, Texas WHEREAS: the Congress of the United States of America has designated the week of May 9 to be dedicated as "National Police Week", and May 15 of each year to be "Police Memorial Day"; and WHEREAS, the members of the Colleyville Police Department serve to safeguard the lives and property of the citizens of Colleyville with valor and dedication; and WHEREAS, May 15 is National Police Officer Memorial Day, and the City of Colleyville will honor those Police Officers who sacrificed their lives in the line of duty and flags will be flown at half staff on all City installations on that day. NOW, THEREFORE, I, JOE HOCUTT, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council, do hereby proclaim the week of May 9 - 15, 2004, as NATIONAL POLICE MEMORIAL WEEK in the City of Colleyville and call upon our citizens to especially honor and show our sincere appreciation for the police officers of this City, by deed, remark and attitude. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 4th day of May 2004. -..:. ...(,~: ~ ~ .... ~ 1& ~. ... ,., i~ '.~. ..,/~ "::::::,.~}:.. a~ RESOLUTION R-04-2368 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING MAY 4,2004 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. THAT the minutes of the regular City Council meeting of April 20, 2004, are hereby approved. b. THAT the minutes of the Special City Council meeting of April 27, 2004, are hereby approved. AND IT IS SO RESOLVED. AYES, DAY OF NAYS AND APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE 2004. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor MINUTES OF THE COLLEVILLLE CITY COUNCIL MEETING APRIL 20, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on April 20, 2004, at 5:20 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan and Rich Hendler were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Public Works Director Keith Fisher, Finance Director Terry Leake, Parks and Recreation Director Monica Walsh, Communications Manager Dixie Cawthorne, Assistant to the City Manager Stephen Siedel and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue arrived at 5:28 p.m. Councilman Jon Ayers arrived at 6:30 p.m. PC-1. Discussion of possible football facility sites City Manager Bill Lindley provided information regarding a potential partnership between the Grapevine-Colleyville Independent School District (GCISD) and the City for developing practice football facility sites. Discussion ensued regarding locations and cost of developing the sites. Public Works Director Keith Fisher provided an overview of possible options for practice facilities and cost estimates. Parks and Recreation Director Monica Walsh provided information related to lighting and maintenance of the sites. Council requested that City Manager Bill Lindley schedule a meeting with GCISD staff regarding an Interlocal Agreement for use of the Colleyville Heritage High School for football practice. CITY COUNCIL MINUTES APRIL 20,2004 Council requested that this item be placed on the May 4, 2004 Council agenda for further discussion. PC-2. Discussion of 2004 Council Retreat format It was determined that the Council Retreat would be held June 10 at 5:30 p.m. and June 11, 2004, at noon in the Executive Conference Room at City Hall. City Manager Bill Lindley stated that these dates would be forwarded to the candidates and this item would be placed on the May 4, 2004 agenda to allow for further discussion. PC-3. Presentation of the Monthly Financial Report The meeting was adjourned prior to this item being discussed. PC-4. Presentation of the Quarterly I nvestment Report The meeting was adjourned prior to this item being discussed. PC-5. Discussion of potential refunding of 1994 Waterworks and Sewer System revenue bonds City Manager Bill Lindley provided an overview of the refunding process and financial information. Finance Director Terry Leake was present to answer questions of the Council. Council requested that an ordinance approving the issuance of refunding bonds be placed on the May 4, 2004, Council agenda and that information be included citing state law and Resolution R-02-2055, which permits the issuance of refunding debt with only one reading of an ordinance. PC-G. Discussion of April 20, 2004 City Council regular agenda items There was general discussion regarding the request by the applicant to table Item 5. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:49 p.m. 2 CITY COUNCIL MINUTES APRIL 20, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on April 20, 2004, at 7:05 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Public Works Director Keith Fisher, Community Development Coordinator Clayton Husband, Communications Manager Dixie Cawthorne, Assistant to the City Manager Stephen Seidel, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition - Fire Station Property Acquisition Sec. 551.072 - Sec. 551.072 - Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal and Section 551.072, Property. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:06 p.m. and reconvened at 7:41 p.m. The invocation was given by Pastor David Jung of Crown of Life Lutheran Church and City Attorney Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt announced that technology is available to citizens in the Council Chambers, which allows them to access the internet with their personal computers during the Council meeting. Mayor Hocutt presented a proclamation to Fire Chief Mike Johnston in recognition of Trauma Awareness and Emergency Medical Service week. 3 CITY COUNCIL MINUTES APRIL 20, 2004 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2357 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 6, 2004 b. Approval of a donation of an antique T&P Railroad baggage cart from Bobby and Frances Fitzgerald for Bransford Park c. Approval of a donation of various railroad items from Vernon Colbert for Bransford Park Mayor Hocutt opened the public hearing and read Resolution R-04-2357 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler stated Council received a list of proposed donated items today and that the Donation and Title Transfer form was not completed for this donation. City Manager Bill Lindley provided information related to the Citywide Donation Policy. Councilman Ayers moved to approve Resolution R-04-2357. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1457 - Approval of a Special Use Permit for alcoholic beverage sales on 1.97 acres located in the 5400 block of State Highway 121, Case Z-04-014 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1457. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1457. Councilman Dolan seconded the motion. 4 CITY COUNCIL MINUTES APRIL 20, 2004 Mr. Johnny Ragland, 2004 Bedford, applicant, was present to answer questions of the Council and provided information regarding the restaurant hours and entertainment. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1458 - Approval of a Zoning Change from CC2 to PUD-C on 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road, Case Z-04- 011 Mayor Hocutt stated that the applicant requested that this item be tabled and outlined the various actions available to Council. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1458. Mr. Peter Streit, 7000 Gladwyne Court, spoke in opposition to the proposed Ordinance. Ms. Janice Cole, 103 Van Buren Court, spoke in opposition to the proposed Ordinance. and regarding the gateway to the City and the economic viability of gasoline stations. Mr. Kipp Whitman, 3930 Glade Road, spoke in opposition to the proposed Ordinance and presented a short slide presentation. Mr. Keith Staudt, 7208 Belle Meade, Pebble Hill Homeowner's Association President, spoke in opposition to the proposed Ordinance and regarding environmental hazards associated with the proposed business, the aesthetics, traffic flow and sales tax revenue. Ms. Dee McNosky, 5108 Pleasant Run, spoke in opposition to the proposed Ordinance and regarding building standards for businesses on SH26. Mr. Gregory Van Nieuwenhoize, 3930 Glade Road, spoke in opposition to the proposed Ordinance and regarding the ServiceStar facility and underground utilities. Mr. Norman Rice, 7205 Braemar Terrace, representing Cascades Development residents, spoke in opposition to the proposed Ordinance and regarding traffic flow. Ms. Kristen O'Regan, 404 Vintage Court, spoke in opposition to the proposed Ordinance and regarding desirable businesses at the entrance to the City. 5 CITY COUNCIL MINUTES APRIL 20, 2004 Mr. Jim Berk, 7301 Thames Trail, spoke in opposition to the proposed Ordinance and the economic viability of gasoline stores and the sales and marketing of tires. Mr. Royce Green, 7205 Belle Meade, spoke in opposition to the proposed Ordinance and regarding the aesthetics of the proposed business. Mr. Stuart Mocilnikar, 7309 Pebble Hill Drive, spoke in opposition to the proposed Ordinance. Ms. Dana Feldman, 2204 Danbury Drive, spoke in opposition to the proposed Ordinance and regarding past actions as a Councilperson. Mr. AI Silverberg, 7204 Thames Trail, spoke in opposition to the proposed Ordinance and regarding traffic flow on John McCain Road, the marketing of the property pad sites and the view of the proposed development from surrounding residential developments. Mr. Kevin Wall, 7209 Thames Trail, spoke in opposition to the proposed Ordinance and regarding the applicant contacting homeowners and maintaining the standards of the community. Mr. David Dudziak, 2301 Wilkes court, spoke regarding the applicant's effort to contact members of the Ross Downs' Homeowner Association and the future development of the City. Ms. Lisa Kenney, 7300 Balmoral, spoke in opposition to the proposed Ordinance. Mr. Jim Berk, 7301 Thames Trail, spoke regarding the process for developing a project in the City. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Dan Poremba, applicant, was present to answer questions of the Council and spoke regarding the request for the item to be tabled, the history and future of the project, homeowner association contacts and the tenants and appearance of the project. There was general discussion regarding the tenants and the appearance of the project. Mayor Pro Tem Tigue moved to deny Ordinance 0-04-1458. Councilman Skinner seconded the motion. Councilman Ayers provided a history of the process of the zoning request, the options available to Council for considering the zoning request and recommended tabling the request. 6 CITY COUNCIL MINUTES APRIL 20,2004 Mayor Pro Tem Tigue declined changing the motion. Discussion ensued regarding allowing the applicant to resubmit the zoning request. Mayor Pro T em Tigue called the question. Ayes: Councilperson Skinner and Mayor Pro Tem Tigue Nays: Council persons Dolan, Hendler and Ayers Mayor Hocutt declared the motion denied. Councilman Ayers moved to deny Ordinance 0-04-1458 without prejudice. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion denied without prejudice. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1459 - Approval of a Zoning Change from R40 to R20 on portions of proposed Lots 2R and 3, Block 1, Redus Addition, located at 4502 Bill Simmons Road and 4505 Bowman Drive, Case Z-04-015 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1459. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1459. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-04-2358 - Consideration of amending the terms of the Celebrate Colleyville Steering Committee and appointing members 7 CITY COUNCIL MINUTES APRIL 20, 2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2358 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler moved to approve Resolution R-04-2358 appointing Jamie Thibodeaux and Michael Taylor to the Celebrate Colleyville Steering Committee. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-04-2359 - Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a public school, Case Z-04-014 Mayor Hocutt opened the public hearing and read Resolution R-04-2359 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Resolution R-04-2359. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-04-2360 - Approval of a request by the Grapevine-Colleyville I ndependent School District to move two portable buildings to the Colleyville Elementary School campus located at 5800 Colleyville Boulevard, Case G-04-010 Mayor Hocutt opened the public hearing and read Resolution R-04-2360 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8 CITY COUNCIL MINUTES APRIL 20,2004 Mayor Pro Tem Tigue moved to approve Resolution R-04-2360. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-04-2361 - Approval of Newman, Jackson, Bieberstein Landscape Architecture Proposal for evaluation of Grapevine-Colleyville Independent School District (GCISD) property and authorizing the use of Voluntary Park Fund monies, in an amount not to exceed $5,700 Mayor Hocutt opened the public hearing and read Resolution R-04-2361 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Council determined that no action would be taken on this item until further evaluation of potential sites for use by sports associations. 11. READING AND PUBLIC HEARING - Resolution R-04-2362 - Approval of a Construction Contract with McMahon Contracting L.P., for John McCain Road and Westcoat Drive Intersection Improvements, in the amount of $226,297.50 Mayor Hocutt opened the public hearing and read Resolution R-04-2362 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler moved to approve Resolution R-04-2362. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 9 CITY COUNCIL MINUTES APRIL 20, 2004 12. READING AND PUBLIC HEARING - Resolution R-04-2363 - Approval to authorize implementation of the Public Utilities Commission authorized CPI increase of telecommunication line access charges Mayor Hocutt opened the public hearing and read Resolution R-04-2363 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Deputy City Manager Dianne McWethy provided an overview of the telecommunication line access charges. Mayor Pro Tem Tigue moved to approve Resolution R-04-2363. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2364 - To override the Mayor's veto of Resolution R-04-2355, appointing members to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2364 in its entirety. Ms. Kathy Hadley, 204 N. Timberline, spoke in support of Resolution R-04-2364. Mr. Jim Berk, 2301 Thames Trail, spoke regarding the process for developers to obtain zoning. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution and in support of the Mayor. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-04-2364. Councilman Dolan seconded the motion. 10 CITY COUNCIL MINUTES APRIL 20, 2004 Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion denied. Four ayes are necessary to override a veto. 14. READING AND PUBLIC HEARING - Resolution R-04-2365 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2365 in its entirety. Mr. Joe Tigue, 4415 Meandering Way, spoke regarding tabling the item and reopening the application process. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt stated that only one applicant submitted the Financial Disclosure and Business Conflict of Interest Forms. Discussion ensued regarding the requirement of Planning and Zoning Commission members to complete the Financial Disclosure and Business Conflict of Interest forms. Mayor Pro T em Tigue moved to table Resolution R-04-2365. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner and Mayor Pro Tem Tigue Nays: Council persons Dolan, Hendler and Ayers Councilman Ayers moved to appoint David Dudziak to Place 5, Tom Hart to Place 6 and Luann Edwards to Place 7 of the Planning and Zoning Commission. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried. 11 CITY COUNCIL MINUTES APRIL 20,2004 TABLED ITEMS: 15. CONSIDERATION OF ORDINANCE 0-04-1442 - Approval of a Zoning change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard, Case Z-04-003 Mayor Pro Tem Tigue moved to remove Ordinance 0-04-1442 from the table. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1442. Mr. Beverly Chernoff, 5810 Ponderosa, spoke in opposition to the proposed Ordinance and regarding the emergency access to the development, traffic flow on SH26 in front of the development and the elementary school and open space. Mr. Curtis Young, 8003 Jefferson Circle, spoke in opposition to the proposed Ordinance and regarding the lot size and open space. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Gary Cantrell, 3400 Glade Road, applicant, provided an overview of the development and was present to answer questions. Councilman Ayers moved to suspend rules to allow citizens to speak. Councilman Skinner seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed Ordinance and regarding lot size. 12 CITY COUNCIL MINUTES APRIL 20,2004 Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1442 with the following amendments: Sec. 2., 7. Sidewalks and Trails b. Walkways, located in a front or side yard, which connect to a public sidewalk shall be constructed with an exposed aggregate surface; 8. Screening a. The developer shall construct a six (6) foot tall masonry fence along the southern property line. The fence shall be constructed prior to the issuance of building permits in the subdivision. The homeowner's association shall maintain the fence. b. The developer shall construct a six (6) foot tall wrought iron fence along the western property line. 9. Other a. Decorative pavers shall be used at the crosswalk located at the entrance of the development. b. All mailboxes shall be masonry construction. Councilman Skinner made a friendly amendment that the developer shall submit a landscape plan for the open space areas for consideration and approval of the City Council and seconded the motion. Mayor Hocutt made a friendly amendment that the developer shall install decorative street lights and street signage, which shall be maintained by the homeowner's association of the development. Mayor Pro Tem Tigue and Councilman Skinner accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue Nays: Councilman Hendler Mayor Hocutt declared the motion carried. 16. CONSIDERATION OF RESOLUTION R-04-2353 - Declaring Planning and Zoning Commission position 6 vacant due to Council removal There was no action on this item. REPORTS: 17. PARKS AND RECREATION ADVISORY BOARD MINUTES - March 1, 2004 ETHICS COMMISSION MINUTES - March 4, 2004 CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 13 CITY COUNCIL MINUTES APRIL 20, 2004 Mr. Jeffrey Wall, 7900 Jefferson Circle, spoke regarding the ethics complaint process and the impact of the process on volunteers, the actions and support of City staff to the Planning and Zoning Commission, the Ethics Ordinance and legal and financial support for volunteers. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 20, 2004 - Reading and Public Hearing - Resolution R-04-2366 This item was not needed. ADJOURNMENT: 20. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 11 :24 p. m. APPROVED THIS AYES, DAY OF NAYS AND 2004, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 14 MINUTES OF THE COLLEYVILLE CITY COUNCIL SPECIAL MEETING APRIL 27,2004 The Special Meeting of the Colleyville City Council was called to order at 8: 17 a.m. ROLL CALL: Councilpersons Elaine Dolan, Rich Hendler and Jon Ayers were present. City Manager Bill Lindley, Deputy City Manager Dianne McWethy and City Secretary Cynthia Singleton were also present. The meeting was cancelled due to lack of a quorum. II. READING AND PUBLIC HEARING - Resolution R-04-2367 - Approval of rescheduling the date for the Capital Improvement Program (CIP) Worksession There was no action on this item. III. Adjournment The meeting was adjourned at 8:20 a.m. 2004, BY A VOTE OF ABSTENTIONS. APPROVED THIS AYES, DAY OF NAYS AND Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary CITY COUNCIL cc@n", AGENDA BRIEFING iC':x;:\~ MEETING DATE: ITEM#: ORDINANCE # : 05/04/04 4 0-04-1460 CITY MANAGER ! DEPARTMENT HEAD l FINANCE REVIEW ! Previous Action: 04/06/04 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of an amendment to Ordinance 0-01- 1277, the PU D-R for Strathmore Add ition, located in the 3200 block of Glade Road, Case Z-04-016 First Reading and Public Hearing Backqround Mady Development is the owner and developer of the Strathmore Addition, a platted but undeveloped residential subdivision located on the north side of Glade Road, west of Martin Parkway. The property is presently zoned PUD-R Planned Unit Development Residential and the regulations for the property contain specific provisions related to the development of the property. The owner has submitted an application to make several changes to the development requirements to address home builder and market-driven requests. Mady Development also developed the Heritage Glen subdivision located just east of this property. The following is a summary of the proposed changes to the PUD-R regulations for this property. Gated Community. The owner proposes to make this development a private gated community. Chapter 10 of the Land Development Code contains requirements for the development of private gated communities. The street within the subdivision would become a private lot owned by the homeowners association, which is responsible for maintenance of the street. The gates would be operated by an automatic opening system. The subdivision has 15 single family lots; the Land Development Code requires a minimum of 20 lots for a gated community. When the original ordinance for gated communities was considered, the Planning and Zoning Commission recommended that a minimum of 25 lots be required to prevent numerous small gated subdivisions being built within the city. The adopted ordinance includes a requirement for 20 lots, but it is not clear from the minutes at the time why the number was reduced. The developer is requesting that the gated community be allowed for the 15 lots. The Development Review Committee is not opposed to the reduction of the number of lots. Since the request is for a gated community, the Fire Department has also recommended that a fire sprinkler system be installed in each residence. Response times to emergencies in the subdivision could be affected if gates do not open properly. Also, since the subdivision has only one entrance and more than 12 lots, the Land Development Code provides for fire sprinkler systems in residences as an alternative to providing a second entrance. This Agenda Briefing Ordinance 0-04-1460 Page 2 of 3 requirement was adopted by the City Council on August 8, 2001. There are three subdivisions in Colleyville in which the zoning for the property requires the installation of a fire sprinkler system in the residences: Heritage Glen, Tanglewood, and Beldon Hollow. The typical cost for installing a fire sprinkler system in residence is $1.20 per square foot of air conditioned space. The cost for a 5,000 square foot home is approximately $6,000. The developer has requested that fire sprinkler systems not be required as part of the PUD-R conditions, and a letter explaining this request is attached. Lot sizes. The PUD-R standards for this property require a minimum lot size of 15,500 square feet, and an average lot size of 16,500 square feet. The developer proposes to reduce the minimum lot size to 13,980 square feet, and keep the average lot size of 16,500 square feet. The developer proposes to provide diverse lot sizes to appeal to buyers looking for typical PUD-type lots and to those looking for slightly larger lots. The number of lots within the subdivision will not change. Building Lines. The developer proposes a change in the front and rear building lines on the lots. The front building line is proposed to change from 40 feet to 30 feet. The minimum front building line in the PUD-R district is 30 feet. At the time the original zoning was approved for this development, the owner agreed to a larger setback than was required. The rear building line is proposed to change from 25 feet to 10 feet. A 10-foot building rear line has been approved in many recent PUD-R zoning changes. The Planning and Zoning Commission recommended that the 25-foot rear setback be maintained. Impact Issues 1. Master Plan. The Colleyville Master Plan designates the future use of this area for single family type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. All of the surrounding properties are developed as single-family residences. 3. Development Trends. The long-term trend for this area is for single-family development. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of- way. The developer is responsible for the extension of streets, water, sewer and drainage improvements to the lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the combined value of the existing parcels is $416,170. The estimated City property tax revenue for the property is $1,445 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban Agenda Briefing Ordinance 0-04-1460 Page 3 of 3 locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 15 proposed residences would add 144 vehicle trips per day to the surrounding roadways. 7. Public Notification. Staff mailed notices to 26 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the April 12, 2004, meeting and recommended approval by a unanimous vote, subject to making the rear building line 25 feet. The recommendation included the requirement for fire sprinkler systems within the residences. Recommendation Approval Attachments · Location and Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · Ordinance 0-04-1460 Location and Zoning Map Z-04-016 - Zoning Map IlJ .. It ~ !. I ~! tlU; I IS~- I,:q !I;b' UIU I ~1'!lil' IJII' r-~ II ! (J) ~ .. I I ~ I I I l~ I 1) I ~ __Ln.1.. Zoning Exhibit ~ 1\ II~~I I I~I I 9 I 1l} I 11 ~s. ~~ . d~. I co ~~ ~~ i ~ ~ h ~~~ ~i~ [~~ ~,:l ~5~ ~*~ ~gll "wo it''l:'' o,,!!' ~i~ ~" "iY'C-J . cc :.;C"~"i I ., ~ l\ _ ~ 10) t- ~~~a ~~~~ E~-'" ".1" . i l:: n~nli ~ 1--:;" mmt '" II ~ 1 . ~ ~I--~--l! ~7'" z ~ .~. ~ ~. n I I I · ' "'" Ow' !,1 . -~----f '<jl.' ...-.-.-- ill '" ;j I ! , ;j ",'''' ;r,; It .:;; It - "",i . --- ---I i!' .,.-,"",- '" I i I In ""iioikr" - " : -~~>~ > i ,.~ It ~~i1 ! ih;; II! f~?1 ~ I II. i II .. ~ . "1 I ~l I I I I I , I I! ~~.~ '" ... 9 ;IN ,\II. ~ '" 9 9 ".Ctl ,~;I", ",I -8;' .""". .,.> <\~'i "'."m" ,;; ,. I_=/~;';- -;: "tift: . :l ... I a 9 I I." MADY DEVelOPMENT CORPORATION 545 E. John Carpenter Freeway Suite 1500 Irving, Texas 75062 Telephone 12141 630-0481 Telecopier: (214) 630-9560 April 27, 2004 CITY COUNCIL CITY OF COLLEYVILLE 100 Main Street Colleyville, TX 76034 RE: Z-04-016 AMENDMENTS TO PUD-R REOUIREMENTS- STRATHMORE ADDITION Dear Mayor and Council Members: The Planning Commission has approved the above-referenced case with certain stipulations. There are two of these stipulations with which we have serious concerns and which we are requesting the Council to revise. The first is the requirement that the homes in the community be equipped with fire sprinkler systems. This requirement was not a part of the original PUD for Strathmore, which was approved in 2001. We are requesting this requirement be removed. With regard to this, we would present the following: 1. The community consists of 14 homesites on a short, straight cul-de- sac, which exceeds, by only 2, the maximum allowed without sprinklers. 2. The gates will be equipped with an Opticom System and Knox - Locks, as required by City ordinance, as well as meeting all other City requirements. Both the width of the entry streets and the depth of the median meet fire department requirements. 3. Any home over 6,000 square feet would still be required to have a sprinkler system, as currently provided by City ordinance. 4. There are two 25' entry streets - one for entrance, and one for exit - with a 12' median in between. This should provide sufficient room for access, in the event one or the other entrance is impeded. 5. The actual paving width of the cul-de-sac is 36' in lieu of the typical 30' local street width. This provides for better access for emergency vehicles. This cul-de-sac should not be treated differently than a cul- de-sac which could be longer, with more homes, in a larger subdivision with two points of access, which are unrelated to the cul- de-sac. In such a case, no fire sprinklers would be required. 6. We anticipate some market resistance to the sprinklers, which we have experienced in the past. In lieu of this requirement, we would suggest a requirement that we offer the systems as an option. As part of our PUD, we have also requested a 10' rear setback. The Planning Commission has approved this request, with the stipulation that there be no windows or doors facing the rear on any part of a home closer than 25' to the rear property line. This stipulation is as currently permitted by City ordinance. Weare requesting that the stipulation be modified to require that any part of a home, which is less than 15' to the rear property line, have no windows or doors facing the rear. A significant part of our zoning request is the increase to the lot depths on the west side to maximize the backyards for traditional, single-family homes. It is anticipated that few, if any, homes on this side will exceed the typical 25' setback. On the east side, we are anticipating somewhat smaller, "empty-nester" homes. These would not require as large a rear yard. It is not intended that the entire home on each lot will be located at the revised setback creating a wall effect. Rather, the 15' setback with windows and doors, and the 10' setback without windows and doors will give us the flexibility to provide for variation, to take advantage of the site topography, and to preserve trees where they exist. Thank you for your consideration ofthis case. Sincerely, MADY DEVELOPMENT CORPORATION _~d~ George d'Hemecourt Land Acquisition Manager CM:dh CIVIL works Engineering March 18, 2004 City of Colleyville Attn: Mr. Clayton Husband, AICP Development Coordinator 100 Main street Colleyville, Texas 76034 RE: STRATHMORE - COLLEYVILLE, TEXAS REVISED ZONING SUBMITTAL CWE PROJECT 01-010 Mr. Husband: As the owners of the property platted as Strathmore Addition, Mady Development Corporation is submitting a request for rezoning of the property. The purpose of the rezoning is to modify the following PUD-R development standards: 1 . Create a gated community with a private street. All fire department requirements and development standards will be met. 2. Reduce the front building setback line to 30' and the rear building setback line to 10' to allow for more usable yard and/or more building area on the lots. 3. Reduce the minimum lot area to 13,981 s.t. (while maintaining the average as 16,600 s.f.). This will allow for a greater variety of products, i.e. larger lots for families and smaller lots for couples or "empty-nesters". All other development standards in the original PUD-R will be maintained. Included with this letter are 22 folded copies and 1-8.5x11 copy of the revised zoning exhibit. If you have any additional questions, please feel free to call. Sincerely, C'V'Lworks Engineering U;tz,'~1iT Ottis Lee, III, P.E. Owner Cc: George d'Hemecourt - Mady Development Corportation 1192 BolinQ Ranch Rd.N.':'Azle, Texas 76020':'Ph(817)448-9595':'Fax(817]448-6390 Z-04-016 Harada, Seiji etux Maria L 3309 Huntington Drive Colleyville TX 76034 Chen, Larry L 3307 Huntington Drive Colleyville TX 76034 Sullivan, William etux Shirley 3305 Huntington Drive Colleyville TX 76034 Martin, Ricky etux Virginia 3303 Huntinton Drive Colleyville TX 76034 Bostrom, Roger etux Virginia 3301 Huntington Drive Colleyville TX 76034 Abs, Joseph E & Carolyn H 5200 Fox Trail Lane Colleyville TX 76034 Cawley, Charles R etux Candace 3300 Huntington Drive Colleyville TX 76034 Bishop, Macklin etux Hildegard 3302 Huntington Drive Colleyville TX 76034 Yoor, Caroline 3400 Huntington Drive Colleyville TX 76034 Ropp, Larry A 3314 Huntington Drive Colleyville TX 76034 Bullard, Michael M & Christine 3312 Huntington Drive Colleyville TX 76034 Nye, Steven & Carolyn 3310 Huntington Drive Colleyville TX 76034 Miller, Jacqueline K 3308 Huntington Drive Colleyville TX 76034 Ray, Austin L etux Carolyn S 3306 Huntington Drive Colleyville TX 76034 Sawtelle, William J etux Linda 3304 Huntington Drive Colleyville TX 76034 Hubbard, Van 6221 Colleyville Blvd Ste 150 Colleyville TX 76034 Karen Cantrell 3400 Glade Road Colleyville TX 76034 Glade Family Ltd 3400 Glade Road Colleyville TX 76034 Bryant, Zack T etux Lynn W 3302 Saint Albans Circle Colleyville TX 76034 Phillips, Tommy 0 etux Carole 3300 Saint Albans Circle Colleyville TX 76034 Smith, Johnny E 3206 Saint Albans Circle Colleyville TX 76034 Sheppard, Jeffrey etux Chrisri 3204 Saint Albans Circle Colleyville TX 76034 Hansen, Craig M etux Rahni 3202 Saint Albans Circle Colleyville TX 76034 Ream, Gene etux Stephanie 3200 Saint Albans Circle Colleyville TX 76034 Gale, R Bradley etux Sharon K 3106 Saint Albans Circle Colleyville TX 76034 Woodland Hills Homeowners 350 Westpark Way Ste 205 Euless TX 76040 Case Z-04-016. Notices dated March 25, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change or special use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning change or special use permit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP ORDINANCE 0-04-1460 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, BY AMENDING ORDINANCE 0-01-1277 IN ITS ENTIRETY; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Glade Road Estates Limited Partnership on March 16, 2004, under Case No. Z-04-016; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by legal description attached as Exhibit "B", by amending Ordinance 0- 01-1277, the PUD-R for Strathmore Addition, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT Ordinance 0-01-1277 is hereby amended in its entirety to read as follows: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 1.66 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING Ordinance 0-04-1460 Page 2 of 4 a. Prior to the issuance of any development permits within this PUD-R and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. b. The subdivision shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. 3. PERMITTED USES a. Single family residences, detached b. Parks and open space 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Front Building Line cul-de-sac g. Side Building Line h. Rear Building Line 5. OPEN SPACE 13,980 square feet 16,500 square feet 1 00 feet 120 feet 30 feet 30 feet 1 0 feet 25 feet a. This development shall provide a minimum of 20% common open space, as shown on Exhibit "C", which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space may be utilized for storm water detention. Ordinance 0-04-1460 Page 3 of 4 6. SIDEWALKS AND TRAILS a. Sidewalks shall be constructed along all interior streets in accordance with the Land Development Code. b. The developer shall construct a ten-foot (10) wide hike and bike trail along the north side of Glade Road adjacent to this property. 7. OTHER a. Each main residence within the development shall have a fire sprinkler system conforming to the City of Colleyville Fire Code. b. If the subdivision is developed as a private gated community, the subdivision must contain a minimum of fifteen (15) single- family residential lots, and all other requirements of Chapter 10 of the Land Development Code shall apply to the development of this property. c. Entry features and screening walls may be located within the open space lots. The entry features and screening walls shall be exempt from the building line and height requirements provided the entry features and screening walls are located on the open space lots and comply with applicable vehicular visibility triangles required by the Colleyville Land Development Code. d. Metal ornamental fencing shall be the only fencing material allowed on the rear property line of each residential lot. The metal ornamental fence shall consist of 4-inch posts, spaced no greater than 8 feet on center, with horizontal rails a minimum of 1 % inches and vertical bars a minimum of % inches spaced every 6 inches. The fence shall be black in color and be a minimum of 6 feet in height. Said metal fence shall be similar to that shown in Exhibit "D". e. A metal ornamental fence, built to the above stated specifications, shall be constructed along the western, northern and eastern lot lines of Lot 9, Block 1. Said fence shall be constructed along the entire eastern lot line of Lot 9, Block 1, within 60 days of City acceptance of the subdivision. f. A metal ornamental fence, built to the above stated specifications, shall be constructed along the rear property line of lots located on the east side of the development. Said fence shall be constructed at the time a new residence is built upon the lot, and shall be completed prior to the issuance of a certificate of occupancy for the residence. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-1460 Page 4 of 4 THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of day of The second reading and public hearing being conducted on the 2004. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney EXHIBIT A - ZONING MAP Z-04-016 - Zoning Map EXHIBIT B - LEGAL DESCRIPTION Being Lots 1-18, Block 1, Strathmore Addition, an Addition to the City of Colleyville, Texas, according to the subdivision plat recorded in Cabinet B, Slide 2607, Plat Records, Tarrant County, Texas. EXHIBIT C - CONCEPTUAL SITE PLAN ~~ I~ ,N q~ in .... cO o o 3: "'" -.1 o c .; ;); , .~ "' ~ , -5; '-z g~ C 7. " ... Z '~ ~~ 0\ ~~ Z~ ~~ o ~ ',. '-.. ,!;!Hi'rl ,I 1Sl' CD ~ 162.99' E' J"oo $ j: $ ~ 16359' ---- ; ": Ull I a:: ~ _ -2.~_ _ _: I 11.1 --J U i w l- I ~ '.~ lQ o:t ..1 ui ];l 16;l.:.:":J' .-.--- l"'l ..~-- N ~i 30t\!1:j ~NOS'M ..,...9; ,l9'V9C 'II:. J'. l.1J""',~ '- .\I>"~~;" t^ } / .~i9tl :c I'- ::> o fI) -1 a; ii? 0 .~.G..l S'I'i N lh ~' 1;;' ln', /,;t~ ~ b l"'l ~ 'i? ~ cO ,Gt'l .... Ul ~ o:t ? ~ -~ S'r\ It) .:,;'u l.O ~J --.....,!' 1 EXHIBIT D - TYPICAL METAL FENCING city or CITY COUNCIL CCe", Il~:x,,$ AGENDA BRIEFING MEETING DATE: 05/04/04 ITEM # : 5 ORDINANCE #: i 0-04-1461 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW i N/A Previous Action: None DEPARTMENT: FINANCE SUBJECT: Authorizing the issuance of Waterworks and Sewer System Revenue Refunding Bonds, Series 2004 (Note: Resolution R-02-2055 authorizes one reading of an ordinance for the issuance of debt for which the only purpose is to refund prior issues per Texas Government Code Title 9, Chapter 1201-028 and 1201-002) Reading and Public Hearing BackQround Under certain market conditions it can be economically advantageous for a municipality to refund outstanding debt issues and realize a net present value savings over the remaining life of the bond issue. In response to the volatility of financial markets which can rapidly deteriorate and make a refunding economically unfeasible, the Texas Legislature approved changes in Texas Government Code Title 9, Chapter 1201.028 and 1201.002, which state that only one reading of an ordinance is necessary to authorize the issuance and sale of a public security to allow municipalities to take advantage of certain market conditions. This legislation was approved so that municipalities may take advantage of favorable market condition while selling bonds, since they may shift to unfavorable during the government's ordinance reading process. On November 19, 2002, the Council adopted Resolution R-02-2055 (attached) to permit the issuance of refunding debt with only one reading of an ordinance. Based upon an analysis performed by the City's Financial Advisor, First Southwest, the 1994 Waterworks and Sewer System Revenue Bonds could currently be refunded for a net present value savings. The refunding of this bond issue may not yield as great of net present value savings in future months, because interest rates began to move upward at the beginning of April and appear to be headed upward in future months. At the April 20, 2004 Pre-Council meeting, an opportunity to refund the 1994 Waterworks and Sewer System Revenue Bonds was presented, and Council directed staff to move forward with the refunding. Based upon an updated analysis performed by the City's Financial Advisor, First Southwest, the 1994 Waterworks and Sewer System Revenue Bonds could currently be refunded for a savings of $100,715 (4.816%) under a private placement scenario with Bank of America. Agenda Briefing Ordinance 0-01-1461 Page 2 of 2 When bonds are refunded there is either a negotiated sale or a private placement with a private investor. Per First Southwest, this issue is an ideal candidate for a private placement because the issue size is less than $2,000,000, the term is less than 15 years, and Colleyville is a high credit quality. Private placement eliminates many of the bond issuance costs, which allows the issuer to achieve the net present value savings needed to make this an economically viable transaction. Additionally in the private placement scenario, since ratings and a preliminary offering document are not required, the issuer is able to capture market rates quickly. This is especially crucial in an interest rate environment in which rates are on an upward trend. Another advantage of private placement is bids can be taken from various institutions allowing a market rate to be captured. In the case of this refunding the financial advisor took bids from four financial institutions and is using the low bid of Bank of America. Per First Southwest, there is no financial relationship between their firm and Bank of America. Recommendation Approval Attachments . Refunding Analysis for Colleyville, Texas . Resolution R-02-2055 . Ordinance 0-04-1461 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BPA 5/4 and Close 6/9 Sources & Uses Dated 06/09/2004 I Delivered 06/09/2004 SOURCES OF FUNDS Par Amount of Bonds Transfers from Prior Issue Debt Service Funds . ........... .$1,710,00000 . ......... 43,353}5 TOTAL SOURCES .".........."",."."."...................-..-..........".". .. ..$1,753,3~3, 75 USES OF FUNDS Qepositt().l'JetC:ash.E:scrow Fund Costs of Issuance Rounding ;\tnount . ........ 1,709,50008 40,000.00 },85}67 TOTAL USES $1,753,353.75 94 W&S REF 4-26-04 I SINGLE PURPOSE I 4/26/2004 I 9:43 AM First Southwest Company Public Finance Department Pa{Je 1 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BP A 5/4 and Close 6/9 Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 06/09/2004 01/01/2005 150,000.00 3.730% 35,789.35 185,789.35 07/0 1 /2005 29,094.00 29,094.00 09/30/2005 214,883.35 01/01/2006 . 155,g(j(j00 ... 3.730% 29,Q94O() . . . 184,O?4g0 07/01/2006 26,203.25 26,203.25 09/30/2006 210,297.25 01/01/2007 160,000.00 3.730% 26,203.25 186,203.25 07/01/2007 23,219.25 23,219.25 o l/O 1 /2008 165,000.00 3.730% 23,2]9.25 188,219.25 07/01/2008 20,14200 20,142.00 09/30/2008 208,361.25 01/01/2009 165,000.00 3.730% 20,142.00 185,142.00 09/30/2009 202,206.75 01/01/2010 175,000.00 3.730% 17,064.75 192,064.75 07/01/2010 13,801.00 13,801.00 09/30/2010 205,865.75 07/01/2011 10,537.25 10,537.25 09/30/2011 199,338.25 01/0 l/20 12 185,000.00 3.730% 10,537.25 195,537.25 07/01/2012 7,087.00 7,087.00 01/0l/2013 185,000.00 3.730% 7,087.00 192,087.00 07/01/2013 3,636.75 3,636.75 09/30/2013 195,723.75 01/01/2014 195,000.00 3.730% 3,636.75 198,636.75 09/30/2014 19~,636}5.. Total $1,710,000.00 $337,359.85 $2,047,359.85 94 W&S REF 4-26-04 I SINGLE PURPOSE I 4/26/2004 I 9:43 AM First Southwest Company Public Finance Department Pa!je 2 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BP A 5/4 and Close 6/9 Debt Service Schedule Part 2 of 2 Yield Statistics All Inclusive Cost (AIC) 4.2428767% IRS Form 8038 Net Interest Cost Weighted Average Maturity 3.7300000% 5.289 Years 94 W&S REF 4-26-04 I SINGLE PURPOSE I 4/2612004 I 9:43 AM First Southwest Company Public Finance Department Pa(je 3 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BP A 5/4 and Close 6/9 Debt Service Comparison Date Total P+I Net New DIS Old Net DIS Savings 09/30/2004 09/30/2005 214,883.35 214,883.35 223,347.50 8,464.15 09/30/2006 210,297.25 210,297.25 221,435.00 11,137.75 09/30/2007 209,422.50 209,422.50 219,132.50 9,71000 09/30/2008 208,36125 208,36125.. 21M3Q.QO ........ .8,068]5 09/30/2009 202,206.75 202,206.75 213,317.50 11,110.75 09/30/2010 205,865.75 205,865.75 214,695.00 8,829.25 09/30/2011 ]99,338.25 199,338.25 210,595.00 11,256.75 09/30/2012 202,624.25 202,624.25 211,008.75 8,384.50 195}2375 .....205.,~30 00 10,206,25 09/30/20] 4 198,636.75 198,636.75 205,400.00 6,763.25 Total $2,047,359.85 $2,047,359.85 $2,141,291.25 $93,931.40 PV Analysis Summary (Net to Net) Net PV Cashflow Savings @ 4.243%,A1C) 118,937.13 Transfers fro III Prior Issue Debt .ServiceFund (43,353 75) l-let PY.l3enefit/$1,6?0,OOORefundedf'rincipa1 4.757% Refunding Bond Information Refunding Delivery Date 6/09/2004 94 W&S REF 4-26-04 I SINGLE PURPOSE I 4/2612004 I 9:43 AM First Southwest Company Public Finance Department Paqe 4 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BP A 5/4 and Close 6/9 Pricing Summary Maturity 01/0 1/2005 01/0 1/2006 01/0]/2007 0]/01/2008 01/01/2009 01/01/20]0 01/01/20] I 0110 1/20 12 01/01/2013 0110 1/20 14 Total Bid Information Type of Bond Serial Coupon Serial Coupon Serial Coupon Serial Coupon . ..~erial<;:oupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon . .S~rialc:oupon .... Coupon 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% Yield 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% 3.730% Maturity Value 150,000.00 155,000.00 160,000.00 165,000.00 . ... ... .165,000.00 175,000.00 175,000.00 185,000.00 185,000.00 . .] 95,00000 $1,710,000.00 Price 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% 100.000% Dollar Price 150,000.00 155,000.00 160,000.00 165,000.00 165,00000 175,000.00 175,000.00 185,000.00 185,000.00 ... ..195,00000 $1,710,000.00 Net Il1ter~stc:()st(NIC2 True Interest Cost (TIC) 94 W&S REF 4-26-04 I SINGLE PURPOSE I 4/2612004 I 9:43 AM 3.7294988% First Southwest Company Public Finance Department PaQe 5 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BP A 5/4 and Close 6/9 Escrow Fund Cashflow Date 06/09/2004 06115/2004 Total Rate Receipts 1,709,500.08 Disbursements Cash Balance 1,709,500.08 $1,709,500.08 1,709,500.08 $1,709,500.08 Investment Parameters Inyestment tvf(ldel{PY,QIC,. or Securities] Securities Cash Deposit Totlll Cost of 'l1yestments Tar8etc:(}~tofInvestlTIents.at1Jondyield Actual positive or (l1egative)arbitrage.. . .$1,708A4759 . ...... (1,05249) Yield toR,~ceipt Yield for Arbitrage Purposes 3.7294988% 94 W&S REF 4-26-04 I SINGLE PURPOSE I 4/26/2004 I 9:43 AM First Southwest Company Public Finance Depaliment PaQe 6 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Bonds Series 1994 $2,860,000 Debt Service To Maturity And To Call Refunded Interest DIS 43,353.75 43,353.75 43,353.75 183,353.75 39,993.75 39,993.75 36,441.25 36,441.25 36,441.25 186,441.25 32,691.25 32,691.25 32,691.25 187,691.25 28,738.75 188,738.75 24,578.75 24,578.75 24,578.75 194,578.75 20,116.25 20,1] 6.25 15,478.75 15,478.75 15,4 78.75 200,478.75 10,530.00 10,530.00 10,530.00 200,530.00 5,400.00 205,400.00 $514,645.00 $2,184,645.00 Date 06/15/2004 07/01/2004 01/01/2005 07/01/2005 Refunded Interest to Bonds Call 1,670,000.00 39,500.08 DIS To Call 1,709,500.08 Principal Coupon 140,000.00 4.800% 07/0 I /2006 01/01/2007 07/01/2007 01/01/2008 150,000.00 5.000% 155,000.00 5.100% 160,000.00 5.200% 01/01/2009 07/01/2009 01/01/2010 07/01/2010 170,000.00 5.250% 07/01/2011 01/01/2012 07/0 1 /20 12 01/01/2013 185,000.00 5.350% 190,000.00 5.400% Total $1,670,000.00 $39,500.08 $1,709,500.08 200,000.00 $1,670,000.00 5.400% 01/01/2014 Yield Statistics A verage Life WeightedAverage Maturity (Par Basis) A verage Coupon 5.390 Years 5.7169720% Refundin~ Bond Information Refunding Delivery Date 6/09/2004 94 W&S I SINGLE PURPOSE I 4/26/2004 I 9:43 AM First Southwest Company Public Finance Department Paqe 7 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BP A 5/4 and Close 6/9 Summary Of Bonds Refunded Issue 94 W &S 94 W&S 94 W&S 94 W&S 94 W&S 94 W&S 94 W&S 94 W&S 94 W&S 94 W&S Subtotal Total Maturity 01/01/2005 01/01/2006 01/01/2007 01/01/2008 OJ /0 1 /2009 ...................."...... 01101/2010 01/01/201 J 01/01/2012 01/01/2013 01/01/2014 Type of Bond Serial Coupon Serial Coupon Serial Coupon Serial Coupon . . ... . ~erialc:oupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon 94 W&S REF 4-26-04 I SINGLE PURPOSE I 4/2612004 I 9:43 AM Coupon 4.800% 4.900% 5.000% 5.100% 5.200% 5.250% 5.300% 5.350% 5.400% 5.400% Maturity Value 140,000 145,000 150,000 155,000 }60,990 170,000 175,000 185,000 190,000 200,000 $1,670,000 $1,670,000 Call Date 06/15/2004 06/ J 5/2004 06/15/2004 06/15/2004 06/15/2004 06/15/2004 06/15/2004 06/15/2004 06/15/2004 06/15/2004 Call Price 100.000% 100.000% ]00.000% 100.000% 100.000% .-............................... 100.000% 100.000% 100.000% 100.000% 100.000% First Southwest Company Public Finance Department Page 8 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BP A 5/4 and Close 6/9 Proof Of Bond Yield @ 3.72949880/0 Date 06109/2004 01/01/2005 07/0 1/2005 01/0 1/2006 07/01/2006 01/0] /2007 07/0] /2007 01/0 1/2008 07/0 1/2008 01/01/2009 07/01/2009 01/0 1/20] 0 07/01/20] 0 01/01/201 ] 07/01/201 ] 0] /0 1/20 12 07/01/2012 01/0]/2013 07/0 1/20 13 01/01/2014 Cashflow PV Factor I. OOOOOOOx 0.9794796x 0.9615491x 0.9439468x 0.9266668x 0.909703]x 0.8930500x 0.8767017x 0.8606527x o 8448975x 0.8294307x 0.8142470x 0.7993413x 0.7847084x 0.7703435x 0.7562415x 0.7423976x 0.7288072x o 7] 54655x 0.7023681x Present Value Cumulative PV Total 185,789.35 29,094.00 184,094.00 .......?~,2()32? 186,203.25 23,219.25 188,219.25 20,142.00 185,14200 17,064.75 ] 92,064. 75 13,801.00 188,801.00 ] 0,537,25 195,53725 7,08700 192,08700 3,63675 . . 19~,63675 $2,047,359.85 181,976.87 27,975.3] 173,774.95 ..... ............... ..... .24,~~1,~8 ] 69,389.68 20,735.95 165,012.14 17,335.27 .. ..... ..156,42601 14,154.03 156,388.15 11,031.7] 148,153.74 . 8,117}0.. 147,87338 5,261.37 139,994.38 2,601.97 . 139,51 ~.12 $1,710,000.00 181,976.87 209,952.] 8 383,727.13 . . . . ...~O~,OO~8I.. 577,398.49 598,134.44 763,146 58 780,481. 85 .936,?0785 951,061.88 ],107,450.03 1.1 ]8,481.74 1,266,635.4 7 .. },274,752}8 1,422,626.15 1,427,88752 1,567,8819 ] 1,570,48388 1,7I.0,QOOOO Derivation Of Tar~et Amount Origina11ssue Proceeds $1,710,000.00 94 W&S REF 4-26"()4 I SINGLE PURPOSE I 4/2612004 I 9:43 AM First Southwest Company Public Finance Department Pafje 9 Preliminary City of Colleyville, Texas Waterworks & Sewer Systems Revenue Refunding Bonds, Series 2004 BP A 5/4 and Close 6/9 Derivation Of Form 8038 Yield Statistics Issuance Issuance Maturity Value Price PRICE Exponent Bond Years 06/09/2004 01/01/2005 150,000.00 100.000% 150,000.00 0.56] Illlx 84,166.67 01/01/2006 155,000.00 100.000% ] 55,000.00 l.56]llllx 24\ ,972.22 01/01/2007 160,000.00 100.000% 160,000.00 2.5611 Illx 409,777. 78 01/01/2008 ... .165,00000 100.000% 165,99990 3.561] Illx .587,583.}3 o I/O I /2009 165,000.00 100.000% 165,000.00 4.561] I I Ix 752,583.33 01/01/2010 175,00000 100.000% 175,00000 5.5611111x 973,] 94.44 01/01/2011 175,000.00 100.000% 175,00000 6.5611 II Ix 1,148,194.44 01/0 1/20 12 185,000.00 100.000% 185,000.00 7.5611] Ilx 1,398,80556 0]/01/2013 ...185,99090 100.000% ....... ..185,90099.. 8.5611111x . . ... mm... .1,?83,89551i 0] /0 I /20 14 ] 95,000.00 100.000% 195,000.00 9.5611 II Ix 1,864,4] 6.67 Total $1,710,000.00 $1,710,000.00 $9,044,500.00 IRS Form 8038 W eightedAverage Maturity~Bond Years/lssuePrice 5.289 Years Nle:.~ Interest/(Isslle Price..* Ayerage.Maturity) 3.7300000% Bond Yield for Arbitrage Purposes 3.7294988% 94 W&S REF 4-26-04 I SINGLE PURPOSE I 4126/2004 I 9:43 AM First Southwest Company Public Finance Depaltment PaQe 10 RESOLUTION R-02-2055 A RESOLUTION AUTHORIZING ONE READING OF AN ORDINANCE FOR THE ISSUANCE OF DEBT FOR WHICH THE ONLY PURPOSE IS TO REFUND PRIOR DEBT ISSUES WHEREAS, under certain market conditions it can be economically advantageous to refund prior debt to realize a net present value savings over the life of the bond issue; and WHEREAS, recent changes in Texas Government Code Title 9, Chapter 1201.028, and 1201.002, state that only one reading of an ordinance is necessary to authorize the issuance and sale of a public security to allow municipalities to take advantage of current market conditions; and WHEREAS, prevailing market conditions can quickly deteriorate, making a refunding not economically feasible, and it would be very advantageous for the Council to authorize and issue refunding bonds with one reading of the ordinance at a regularly scheduled Council meeting. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council agrees to issue refunding debt, which contains only the refunding of prior issued debt, with one reading of the ordinance at a regularly scheduled Council meeting under the provisions of the Texas Government Code Title 9, Chapter 1201.028 and 1201.002, only when necessary to take advantage of advantageous market conditions. Sec.2. THAT the City Council will not issue new debt without two readings of the funding ordinance as required by the City Charter. Sec. 3. THAT this Resolution is effective immediately upon passage. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS j AYES'r', NAYS, AND /9 DAY OF ~ 2002. o Cynthia Singleton, City Secretary Resolution R-02-2055 Page 2 of 2 CITY OF COLLEYVILLE: ~~Oo Mayor ORDINANCE NO. 0-04-1461 AN ORDINANCE authorizing the issuance of "CITY OF COLLEYVILLE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2004"; pledging the net revenues of the City's Waterworks and Sewer System to the payment of the principal of and interest on said Bonds; providing for the redemption of the bonds being refunded; enacting provisions incident and related to the issuance, payment, security and delivery of such bonds, including the approval and execution of a Paying Agent/Registrar Agreement, a purchase agreement; and providing an effective date. WHEREAS, the City Council of the City of Colleyville, Texas (the "City") has heretofore issued, sold, and delivered, and there is currently outstanding, obligations totaling in principal amount $1,670,000 (the "Refunded Obligations") more particularly described as follows: City of Colleyville, Texas, Waterworks and Sewer System Revenue Bonds, Series 1994, dated June 1, 1994, scheduled to mature on January 1 in each of the years 2005 through 2014; and AND WHEREAS, pursuant to the provisions of V.T.CA, Government Code, Chapter 1207, as amended, the City Council is authorized to issue refunding bonds and deposit the proceeds of sale directly with the place of payment for the Refunded Obligations, or other authorized depository, and such deposit, when made in accordance with said statute, and ordinances authorizing the issuance of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for their discharge and final payment; and WHEREAS, the City Council hereby finds and determines that refunding bonds should be issued at this time to refund the Refunded Obligations, and such refunding will result in the City saving approximately $93,931.40 in debt service payments on such indebtedness and provide present value savings of approximately $79,437.05; and WHEREAS, the City Council hereby finds and determines that all of such revenue bonds can and should be issued on a parity with the outstanding and unpaid revenue bonds of the City (hereinafter called and defined as "Previously Issued Bonds") payable from and secured by a first lien on and pledge of the Net Revenues of the System in that all the terms and conditions for the issuance of additional parity bonds can be met and satisfied; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION 1: Authorization-Desiqnation-Principal AmountPurpose. Revenue refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $1,710,000 to be designated and bear the title "CITY OF COLLEYVILLE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2004" (hereinafter referred to as the "Bonds"), for the purpose of refunding certain outstanding obligations payable from the revenues of the City's Waterworks and Sewer System (identified in the preamble hereof as the "Refunded Obligations") and paying the costs of issuance, in conformity with the Constitution and laws of the State of Texas, including V.T.CA, Government Code, Chapter 1207, as amended. SECTION 2: Fullv Reqistered Obliqations - Authorized Denominations - Stated Maturities - Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated May 1, 2004 (the "Issue Date") and, other than the single fully registered Initial 45449291.1 Bond referenced in Section 8 hereof, shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity), shall be numbered consecutively from One (1) upward and shall become due and payable on January 1 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at per annum rates in accordance with the following schedule: YEAR OF PRINCIPAL INTEREST MATURITY AMOUNT RA TE(S) 2005 $150,000 3.73% 2006 155,000 3.73% 2007 160,000 3.73% 2008 165,000 3.73% 2009 165,000 3.73% 2010 175,000 3.73% 2011 175,000 3.73% 2012 185,000 3.73% 2013 185,000 3.73% 2014 195,000 3.73% The Bonds shall bear interest on the unpaid principal amounts from the date of their delivery of the Bonds to the initial purchasers (June 9, 2004) at the per annum rate shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on January 1 and July 1 in each year, commencing January 1, 2005. SECTION 3: Terms of Payment - Pavino Aoent/Reoistrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity or otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Bank of America, N.A., Dallas, Texas, to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Bonds (the "Security Register") shall at all times be kept and maintained on behalf of the District by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. 45449291.1 2 Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated PaymentlTransfer Office"). Interest on the Bonds shall be paid to the Holders whose names appear in the Security Register at the close of business on the Record Date (the 15th day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated PaymentfTransfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a non-payment of interest on one or more maturities on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment for such maturity or maturities (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder of such maturity or maturities appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Non-Redeemable. The Bonds shall not be subject to redemption prior to maturity at the option of the City. SECTION 5: Reoistration - Transfer - Exchanoe of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each registered owner of the Bonds issued under and pursuant to the provisions of this Ordinance. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/ Registrar. Upon surrender for transfer of any Bond (other than the Initial Bonds authorized in Section 8 hereof) at the Designated PaymentlTransfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds, executed on behalf of, and furnished by, the City of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds (other than the Initial Bonds authorized in Section 8 hereof) may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the 45449291.1 3 Designated PaymentfTransfer Office of the Paying Agent/ Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds, executed on behalf of, and furnished by, the City, to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the Designated PaymentlTransfer Office of the Paying Agent/Registrar, or sent by United States Mail, first class postage prepaid, to the Holder and, upon the delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered and delivered in lieu thereof pursuant to Section 30 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 6: Book-Entry Onlv Transfers and Transactions. Notwithstanding the provisions contained in Sections 3 and 5 hereof relating to the payment, and transfer/exchange of the Bonds, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold said Bonds for its participants (the "DTC Participants"). While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3 and 5 hereof. 45449291.1 4 SECTION 7: Execution - Reoistration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Issue Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.CA, Government Code, Chapter 1201. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 90, manually executed by an authorized officer, employee or representative of the Paying Agent/ Registrar, and either such certificate upon any Bond duly signed shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered and delivered. SECTION 8: Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the total principal amount shown in Section 1 hereof with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered bonds, being one bond for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. (a). Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of Registration, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends on insured Bonds and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. 45449291.1 5 The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. B. Form of Definitive Bond. REGISTERED NO. REGISTERED $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF COLLEYVILLE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BOND SERI ES 2004 Issue Date: May 1, 2004 Interest Rate: 3.73% Stated Maturity: CUSIP NO: Registered Owner: Principal Amount: DOLLARS The City of Colleyville (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, solely from the revenues hereinafter identified, on the Stated Maturity date specified above the Principal Amount stated above, without right of prior redemption, and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on the unpaid Principal Amount hereof from the date of the delivery of the Bonds to the initial purchasers (June 9, 2004) at the per annum rate of interest specified above; such interest being payable on January 1 and July 1 of each year, commencing January 1, 2005. Principal of this Bond is payable at its Stated Maturity to the registered owner hereof, upon presentation and surrender, at the Designated PaymentfTransfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/ Registrar at the close of business on the "Record Date", which is the 15th day of the month next preceding each interest payment date and interest shall be paid by the Paying Agent/ Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $1,710,000 (herein referred to as the "Bonds") for the purpose of refunding certain 45449291.1 6 outstanding obligations payable from the revenues of the City's Waterworks and Sewer System (identified in the Ordinance) and paying costs of issuance, under and in strict conformity with the Constitution and laws of the State of Texas, including VTC.A., Government Code, Chapter 1207, as amended, and pursuant to an Ordinance adopted by the governing body of the City (herein referred to as the "Ordinance"). The Bonds are special obligations of the City, and, together with the outstanding Previously Issued Bonds (identified and defined in the Ordinance), are payable solely from and equally and ratably secured by a first lien on and pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sanitary Sewer System (the "System"). The Bonds do not constitute a legal or equitable pledge, charge, lien or encumbrance upon any property of the City or the System, except with respect to the Net Revenues. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Subject to satisfying the terms and conditions prescribed therefor, the City has reserved the right to issue additional revenue obligations payable from and equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System, in the same manner and to the same extent as the Bonds. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated PaymentfTransfer Office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the security for the Bonds; the properties constituting the System; the Net Revenues pledged to the payment of the principal of and interest on the Bonds; the nature and extent and manner of enforcement of the lien and pledge securing the payment of the Bonds; the terms and conditions for the issuance of additional revenue obligations; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the liens, pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Bond, and this Bond deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated PaymentfTransfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, may treat the registered owner hereof whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity, and (Hi) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of non-payment of 45449291.1 7 interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and covenanted that the City is a duly organized and legally existing municipal corporation under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by a pledge of the Net Revenues of the System as aforestated. In case any provision in this Bond or any application thereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Issue Date. CITY OF COLLEYVILLE, TEXAS Mayor COUNTERSIGNED: City Secretary (SEAL) 45449291.1 8 C. *Form of Reoistration Certificate of Comptroller of Public Accounts to Appear on Initial Bond onlv. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do not print on definitive bonds D. Form of Certificate of Pavino Aoent/Reoistrar to Appear on Definitive Bonds onlv. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered in the name of the Registered Owner shown above under the provisions of the within-mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Bond. BANK OF AMERICA, NA Dallas, Texas, as Paying Agent/Registrar Registration date: By Authorized Signature 45449291.1 9 E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. F. The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the bond the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) Paragraph one shall read as follows: The City of Colleyville (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, solely from the revenues hereinafter identified, the Principal Amount hereinabove stated on January 1 in each of the years and in principal installments in accordance with the following schedule: YEAR PRINCIPAL INSTALLMENTS INTEREST RATE (Information to be inserted from schedule in Section 2 hereof). (without right of prepayment prior to maturity) and to pay interest, computed on the basis of a 360-day year of twelve 30-day months, on the unpaid principal amounts hereof from the date of the delivery of the Bonds to the initial purchasers (June 9, 2004) at the per annum rates of interest specified above; such interest being payable on January 1 and July 1 in each year, commencing January 1, 2005. Principal installments of this Bond are payable in the year of maturity to the registered owner hereof by Bank of America, NA, Dallas, Texas (the "Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated PaymentlTransfer Office"). Interest is payable to the registered owner of this 45449291.1 10 Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the 15th day of the month next preceding each interest payment date and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For all purposes of this Ordinance and in particular for clarity with respect to the issuance of the Bonds herein authorized and the pledge and appropriation of revenues to the payment of the Bonds, the following definitions are provided: "Additional Parity Obligations" - Bonds, notes, warrants, certificates of obligation or other evidences of indebtedness which the City reserves the right to issue or enter into, as the case may be, in the future under the terms and conditions provided in Section 19 of this Ordinance and which are equally and ratably secured by a first lien on and pledge of the Net Revenues of the System. "Average Annual Debt Service" - That average amount which, at the time of computation, will be required to pay the Debt Service of obligations when due and derived by dividing the total of such Debt Service by the number of years then remaining before final maturity. Capitalized interest payments provided from proceeds of Obligations Similarly Secured shall be excluded in making the aforementioned computation. "Bonds" - The "City of Colleyville, Texas Waterworks and Sewer System Revenue Refunding Bonds, Series 2004", dated May 1, 2004, authorized by this Ordinance. "City" - The City of Colleyville, located in the County of Tarrant, Texas. "Debt Service" - As of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of Obligations Similarly Secured without a fixed numerical rate, that such obligations bear, or would have borne, interest at the highest rate reached, or that would have applied to such obligations (using the index or method for computing interest applicable to such obligations) during the twenty-four (24) month period next preceding the date of computation; and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to maturity, the principal amounts thereof will be redeemed prior to maturity in accordance with the mandatory redemption provisions applicable thereto. "Fiscal Year" - The twelve month financial accounting period for the System ending September 30th of each year; provided, however, the City, by 45449291.1 11 ordinance, may change the Fiscal Year to another period of not less than twelve calendar months. "Government Obligations" - Direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. "Gross Revenues" - All income and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, gifts and grants in aid of construction, impact fees charged developers and special assessments against landowners) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Obligations Similarly Secured and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. "Maintenance and Operating Expenses" - All current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Operating and Maintenance Expenses. Operating and Maintenance Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods or services for the System to the extent authorized by law and the provisions of such contract. "Net Earnings" - The meaning assigned to such term in Section 19 hereof. "Net Revenues" - Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. "Outstanding" - When used in this Ordinance with respect to Bonds or Obligations Similarly Secured means, as of the date of determination, all Bonds or Obligations Similarly Secured theretofore issued and delivered under their respective authorizing ordinances, except: 45449291.1 12 (1) those Bonds or Obligations Similarly Secured cancelled or received for cancellation by the appropriate paying agent therefor; (2) those Bonds or Obligations Similarly Secured paid or deemed to be duly paid by the City in accordance with the provisions of the ordinances governing their issuance and applicable laws; and (3) those Bonds or Obligations Similarly Secured that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof in accordance with applicable terms and provisions. "Previously Issued Bonds" - shall mean the Outstanding and unpaid revenue bonds of the City payable from and equally and ratably secured by a first lien on and pledge of the Net Revenues of the System, identified as follows: (1) City of Colleyville, Texas, Waterworks and Sewer System Revenue Bonds, Series 1994, dated June 1, 1994, and originally issued in the principal amount of $2,860,000; (2) City of Colleyville, Texas, Waterworks and Sewer System Refunding and Improvement Revenue Bonds, Series 1996, dated March 15, 1996, and originally issued in the principal amount of $4,220,000; (3) City of Colleyville, Texas, Waterworks and Sewer System Revenue Bonds, Series 1998, dated July 1, 1998, and originally issued in the principal amount of $2,825,000; and (4) City of Colleyville, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 2002, dated November 15, 2002, and originally issued in the principal amount of $2,580,000. "Obligations Similarly Secured" - Collectively, the Bonds, the Previously Issued Bonds and any Additional Parity Obligations, which shall be parity obligations being equally and ratably secured by and payable from a lien on and pledge of the Net Revenues of the System. "Required Reserve" - The amount required to be accumulated and maintained in the Reserve Fund under the provisions of Section 15. "System" - All properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto; provided, however, that notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term "System" shall not mean to include facilities of any kind which are declared 45449291.1 13 not to be a part of the System and which are acquired or constructed by or on behalf of the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not Bonds but which are payable from and secured by other liens on and pledges of any revenues, sources or payments, not pledged to the payment of the Obligations Similarly Secured including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities." SECTION 11: PledQe. The City hereby covenants and agrees that all of the Net Revenues of the System, with the exception of those in excess of the amounts required to establish and maintain the special Funds created for the payment and security of the Obligations Similarly Secured, are hereby irrevocably pledged, equally and ratably, to the payment of the Previously Issued Bonds, the Bonds, and Additional Parity Obligations, if issued, and the interest thereon, as hereinafter provided. It is hereby ordained that the Obligations Similarly Secured, and the interest thereon, shall constitute a first lien on the Net Revenues of the System and be valid and binding and fully perfected from and after the date of adoption of this Ordinance without physical delivery or transfer or transfer of control of the Net Revenues, the filing of this Ordinance or any other act; all as provided in Chapter 1208 of the Texas Government Code. Section 1208, Government Code, applies to the issuance of the Bonds and the pledge of the Net Revenues of the System granted by the City under this Section 11, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Bonds are Outstanding such that the pledge of the Net Revenues of the System granted by the City under this Section 11 is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. SECTION 12: Rates and CharQes. For the benefit of the Holders of the Bonds and in addition to all provisions and covenants in the laws of the State of Texas and in this Ordinance, the City hereby expressly stipulates and agrees, while any of the Bonds are Outstanding, to establish and maintain rates and charges for facilities and services afforded by the System that are reasonably expected, on the basis of available information and experience and with due allowance for contingencies, to produce Gross Revenues in each Fiscal Year sufficient: (1) To pay Maintenance and Operating Expenses, depreciation charges and replacement and betterment costs, (2) To produce Net Revenues sufficient to pay the current Debt Service on the Obligations Similarly Secured then Outstanding and the amounts required to be deposited in any reserve or contingency fund created for the payment and security of the Obligations Similarly Secured, or other evidences of indebtedness issued or incurred that are payable only from and secured solely by a lien on and pledge of the Net Revenues of the System, and 45449291.1 14 (3) To produce Net Revenues equal to at least 1.20 times the annual Debt Service for the Obligations Similarly Secured then Outstanding. (4) To pay all other indebtedness payable from the Net Revenues and/or secured by a lien on the properties or the revenues of the System. SECTION 13: Water and Sewer System Fund. The City hereby covenants and agrees that Gross Revenues of the System (excluding earnings and income derived from investments held in the Interest and Sinking Fund and Reserve Fund) shall be deposited as collected to the credit of a fund maintained at an official depository of City funds and known on the books and records of the City as the "Water and Sewer System Fund" (herein called the "System Fund"), and such revenues of the System shall be kept separate and apart from all other funds of the City. All revenues deposited in the System Fund shall be pledged and appropriated to the extent required for the following uses and in the order of priority shown: (1) To the payment of all necessary and reasonable Maintenance and Operating Expenses as defined herein or required by statute to be a first charge on and claim against the Gross Revenues thereof. (2) To the payment of the amounts required to be deposited in the Interest and Sinking Fund established and maintained for the payment of Debt Service on the Obligations Similarly Secured as the same becomes due and payable. (3) To the payment of the amounts required to be deposited in the Reserve Fund to accumulate and maintain therein the Required Reserve in accordance with the provisions of this Ordinance or any other ordinance relating to issuance of Obligations Similarly Secured. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law." SECTION 14: Interest and Sinking Fund. For purposes of providing funds to pay current Debt Service on Obligations Similarly Secured when and as the same shall become due and payable, a separate and special account shall be established and maintained on the books and records of the City known as the "City of Colleyville Revenue Bond Interest and Sinking Fund" (the "Interest and Sinking Fund") and all funds deposited to the credit of such Fund shall be kept and maintained in a special banking account or fund maintained at an official depository of the City. In addition to the deposits to the Interest and Sinking Fund for the payment of the Previously Issued Bonds, the City covenants that there shall be deposited into the Interest and Sinking Fund prior to each principal and interest payment date from the Net Revenues an amount equal to one hundred per centum (100%) of the amount required to fully pay the interest on and the principal of the Bonds then falling due and payable by reason of maturity or redemption, and such deposits to pay principal and accrued interest on the Bonds shall be made in substantially equal monthly installments on or before the 15th day of each month, beginning on or before the 15th day of the month next following the delivery of the Bonds to the initial purchaser. If the Net Revenues in any month are then insufficient to make the required payments into the Interest and Sinking Fund, then the amount of any deficiency in the payment shall be added to the amount otherwise required to be paid into the Interest and Sinking Fund in the next month. 45449291.1 15 The required monthly deposits to the Interest and Sinking Fund for the payment of principal of and interest on the Bonds shall continue to be made as hereinabove provided until (i) the total amount on deposit in the Interest and Sinking Fund and Reserve Fund is equal to the amount required to fully pay and discharge all Obligations Similarly Secured then Outstanding (principal and interest) or (ii) the Bonds are no longer Outstanding. Accrued interest and premium, if any, received from the purchaser(s) of the Bonds, as well as earnings derived from the investment of moneys in the Interest and Sinking Fund, shall be deposited to the credit of the Interest and Sinking Fund and taken into consideration and reduce the amount of the monthly deposits hereinabove required to be deposited in the Interest and Sinking Fund from the Net Revenues of the System." SECTION 15: Reserve Fund. For purposes of accumulating and maintaining funds as a reserve for the payment of the Obligations Similarly Secured, the City agrees and covenants to create and maintain on the books and records of the City a separate and special fund or account known as the "Revenue Bond Reserve Fund" (the "Reserve Fund"), and all funds deposited to the credit of such Fund shall be kept and maintained in a special banking account or fund maintained at an official depository of the City. All funds deposited therein (excluding earnings and income derived or received from deposits or investments which may be transferred to the System Fund referred to in Section 13 hereof during such periods as there is on deposit in the Reserve Fund the Required Reserve) shall be used solely for the payment of the principal of and interest on the Obligations Similarly Secured when (whether at maturity, upon a mandatory redemption date or any interest payment date) other funds available for such purposes are insufficient, and, in addition, may be used to the extent not required to maintain the "Required Reserve", to pay, or provide for the payment of, the final principal amount of a series of Obligations Similarly Secured so that such series of Obligations Similarly Secured is no longer deemed to be "Outstanding" as such term is defined herein. The City hereby reaffirms that it will accumulate and, when accumulated, continuously maintain in the Reserve Fund an amount equal to the lesser of (i) the Average Annual Debt Service (calculated on a Fiscal Year basis) for all Obligations Similarly Secured then Outstanding, as determined on the date each series of Additional Parity Obligations are delivered or incurred, as the case may be, or (ii) the maximum amount in a reasonably required reserve fund that can be invested without restriction as to yield pursuant to Subsection (d) of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder - the "Required Reserve". In accordance with the provisions of the ordinances authorizing the issuance of the Previously Issued Bonds, the amount currently on deposit in the Reserve Fund is $ (the "Current Reserve"). By reason of the issuance of the Bonds, the Required Reserve is hereby determined to be $ . Beginning on or before the 15th day of the month next following the month the Bonds are delivered to the initial purchasers and on or before the 15th day of each fOllowing month until the Required Reserve has been fully accumulated, there shall be deposited into the Reserve Fund from the Net Revenues of the System an amount equal to at least 1/60th of the difference between the Required Reserve and the Current Reserve. When and so long as the cash and investments in the Reserve Fund total not less than the Required Reserve, no deposits need be made to the credit of the Reserve Fund; but, if and when the Reserve Fund at any time contains less than the Required Reserve, the City covenants and agrees to cure the deficiency in the Required Reserve by resuming monthly 45449291.1 16 deposits to said Fund from the Net Revenues of the System; such monthly deposits to be in amounts equal to not less than 1/60th of the then total Required Reserve to be maintained in said Fund and to be made on or before the 15th day of each month until the total Required Reserve then to be maintained in said Fund has been fully restored. The City further covenants and agrees that, subject only to the payments to be made to the Interest and Sinking Fund, the Net Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve and to cure any deficiency in such amounts as required by the terms of this Ordinance and any other ordinance pertaining to the issuance of Additional Parity Obligations. During such time as the Reserve Fund contains the total Required Reserve, the City may, at its option, withdraw all surplus in the Reserve Fund in excess of the Required Reserve and deposit such surplus in the System Fund; provided, however, any surplus bond proceeds and investment earnings thereon in the Reserve Fund shall be transferred to the Interest and Sinking Fund. SECTION 16: Investments. Money deposited to the credit of any Fund referenced in this Ordinance may, at the option of the City, be invested in funds and obligations authorized and identified in V.T.C.A., Government Code, Chapter 2256, as enacted or hereafter amended; provided, however, the investment of moneys in the Interest and Sinking Fund and Reserve Fund shall be restricted to Government Obligations and time deposits or certificates of deposit secured (to the extent not insured by the Federal Deposit Insurance Corporation) by Government Obligations; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from any Fund will be available at the proper time or times. Such investments (except State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value within 45 days of the close of each Fiscal Year and, with respect to investments held for the account of the Reserve Fund, within 30 days of the date of passage of each ordinance authorizing the issuance of Additional Parity Obligations. All interest and income derived from deposits and investments in the Interest and Sinking Fund immediately shall be credited to, and any losses debited to, the Interest and Sinking Fund. All interest and interest income derived from deposits in and investments of the Reserve Fund shall, subject to the limitations provided in Section 15 hereof, be credited to and deposited in the System Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 17: Deficiencies - Excess Net Revenues. (a) If on any occasion there shall not be sufficient Net Revenues of the System to make the required deposits into the Interest and Sinking Fund and the Reserve Fund, then such deficiency shall be cured as soon as pOSSible from the next available unallocated Net Revenues of the System, or from any other sources available for such purpose, and such payments shall be in addition to the amounts required to be paid into said Funds during such month or months. (b) Subject to making the required deposits to the Interest and Sinking Fund and the Reserve Fund when and as required by this Ordinance, or any ordinance authorizing the issuance of Additional Parity Obligations, the excess Net Revenues of the System may be used by the City for any la~ul purpose. SECTION 18: Pavment of Bonds. While any of the Bonds are Outstanding, the Director of Finance shall cause to be transferred to the Paying Agent/Registrar, from funds on deposit in the Interest and Sinking Fund, and, if necessary, in the Reserve Fund, amounts sufficient to fully pay and discharge promptly each installment of interest on and principal of the Bonds as such installment accrues or matures; such transfer of funds must be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar for the Bonds at the close of the business day next preceding the date a debt service payment is due on the Bonds. 45449291.1 17 SECTION 19: Issuance of Additional Paritv Obliqations-Refundina Bonds-Obliaations Secured bv Inferior Lien. (a) Subject to the provisions hereinafter appearing as to conditions precedent which must be satisfied, the City reserves the right to issue, from time to time as needed, Additional Parity Obligations for any lawful purpose. Such Additional Parity Obligations may be issued in such form and manner as now or hereafter authorized by the laws of the State of Texas for the issuance of evidences of indebtedness or other instruments, and should new methods or financing techniques be developed that differ from those now available and in normal use, the City reserves the right to employ the same in its financing arrangements provided only that the following conditions precedent for the authorization and issuance of the same are satisfied, to wit: (1) The Director of Finance of the City (or other officer of the City then having the primary responsibility for the financial affairs of the City) shall have executed a certificate stating (a) that, to the best of his knowledge and belief, the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Net Revenues of the System that would materially affect the security or payment of such obligations and (b) either (i) payments into all special funds or accounts created and established for the payment and security of all outstanding obligations payable from and secured by a lien on and pledge of the Net Revenues of the System have been made and that the amounts on deposit in such special funds or accounts are the amounts then required to be on deposit therein or (ii) the application of the proceeds of sale of such obligations then being issued will cure any such deficiency. (2) The Additional Parity Obligations shall be scheduled to mature or be payable as to principal on January 1 or July 1 (or both) in each year the same are to be outstanding or during the term thereof. (3) The City has secured a certificate or opinion of an independent Certified Public Accountant to the effect that, according to the books and records of the City, the Net Earnings, for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the issuance of the Additional Parity Obligations is adopted, are at least equal to 1.25 times the Average Annual Debt Service for all Obligations Similarly Secured then Outstanding after giving effect to the issuance of the Additional Parity Obligations then being issued. In making a determination of the Net Earnings, the Accountant may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least sixty (60) days prior to the last day of the period for which Net Earnings are determined and, for purposes of satisfying the above Net Earnings test, make a pro forma determination of the Net Earnings of the System for the period of time covered by his certification or opinion based on such change in rates and charges being in effect for the entire period covered by the Accountant's certificate or opinion. As used in this Section, the term "Net Earnings" shall mean the Gross Revenues of the System after deducting the Maintenance and Operating Expenses of the System, but not depreciation charges or expenditures which, under generally accepted accounting principles, should be charged to capital expenditures. 45449291.1 18 (b) The City reserves the right to issue refunding bonds to refund all or any part of the Obligations Similarly Secured (pursuant to any law then available) upon such terms and conditions as the City Council of the City may deem to be in the best interest of the City and its inhabitants, and if less than all such Obligations Similarly Secured then outstanding are refunded, the conditions precedent prescribed (for the issuance of Additional Parity Obligations) set forth in subparagraph (a)(3) of this Section shall be satisfied and the Accountant's certificate or opinion required in subparagraph (a)(3) shall give effect to the Debt Service of the proposed refunding bonds (and shall not give effect to the Debt Service of the Obligations Similarly Secured being refunded following their cancellation or provision being made for their payment). (c) The City hereby reserves the right to issue obligations payable from and secured by a lien on and pledge of the Net Revenues of the System, junior and subordinate in rank and dignity to the lien and pledge securing the payment of the Obligations Similarly Secured, as may be authorized by the laws of the State of Texas. SECTION 20: Security of Funds. All moneys on deposit in the funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 21: Maintenance and Operation - Insurance. The City shall maintain the System in good condition and operate the same in an efficient manner and at reasonable cost. In regard to the operations and properties of the System, the City also agrees to carry and maintain liability and property damage insurance of the kind and in the amounts carried by municipal corporations in Texas owning and operating similar facilities and providing like services; provided, however, the City in lieu of and/or in combination with carrying such insurance may self-insure against such perils and risks by establishing self-insurance reserves. Annually each year not later than the end of each Fiscal Year, the City shall prepare or cause to be prepared by a person competent and knowledgeable in such matters a written evaluation of the adequacy of such self-insurance and/or insurance coverage and of any recommended changes in regard to the City's insurance/self-insurance policies, practices and procedures. SECTION 22: Records - Accounts - Accountino Reports. The City hereby covenants and agrees that while any of the Bonds are Outstanding, it will keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating thereto, as provided by V.T.CA, Government Code, Chapter 1503 or other applicable law. The Holders of any Bonds or any duly authorized agent or agents of such Holders shall have the right at all reasonable times to inspect such records, accounts and data relating thereto, and to inspect the System and all properties comprising same. The City further agrees that following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public Accountants. Each such audit, in addition to whatever other matters may be thought proper by the accountant, shall particularly include the following: (1) A statement of the income and expenses of the System for such Fiscal Year. (2) A balance sheet for the System as of the end of such Fiscal Year. 45449291.1 19 (3) The Accountant's comments regarding the manner in which the City has carried out the requirements of this Ordinance and any other ordinance authorizing the issuance of Additional Parity Obligations and his recommendations for any changes or improvements in the operations, records and accounts of the System. Expenses incurred in making an annual audit of the operations of the System are to be regarded as Operating and Maintenance Expenses. Copies of each annual audit shall be furnished to the Executive Director of the Municipal Advisory Council of Texas at his office in Austin, Texas, and, upon request, to the initial purchasers of the Bonds and subsequent Holders of any of said Bonds. The audits herein required shall be made within 120 days following the close of each Fiscal Year insofar as is possible." SECTION 23: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Interest and Sinking Fund or the Reserve Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Ordinance, the Holder or Holders of any of the Bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 24: Special Covenants. The City hereby further covenants as follows: (1) It has the lawful power to pledge the Net Revenues supporting this issue of Bonds and has lawfully exercised said powers under the Constitution and laws of the State of Texas, including said power existing under V.T.C.A, Government Code, Chapter 1502, as amended. (2) The Obligations Similarly Secured shall be equally and ratably secured by a lien on and a pledge of the Net Revenues of the System in a manner that one bond shall have no preference over any other bond. (3) Other than for the payment of the Previously Issued Bonds, the Refunded Obligations, the Bonds, and the outstanding "City of Colleyville, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999", dated Apri/15, 1999 and "City of Colleyville, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2002", dated February 15, 2002, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. 45449291.1 20 (4) While the Bonds remain Outstanding, the City will not sell or otherwise dispose of the System or, except as authorized below, any substantial portion of the System or its component parts; provided, however, to the extent and in the manner authorized by law, the City may sell or dispose of any property, facilities and equipment not necessary or essential to the operations of the System or which is obsolete, damaged or surplus and the proceeds of sale of such property, facilities and equipment, if any, shall be deposited to the credit of the System Fund. (5) No free service of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. (6) To the extent that it legally may, the City further covenants and agrees that, so long as any of the Obligations Similarly Secured, or any interest thereon, are Outstanding, no franchise shall be granted for the installation or operation of any competing waterworks and sanitary sewer systems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited. SECTION 25: Special Oblioations. The Bonds are limited, special obligations of the City payable solely from and secured by a lien on and pledge of the Net Revenues of the System, and the Holders thereof shall never have the right to demand payment of the principal or interest on the Bonds from any funds raised or to be raised through taxation by the City. SECTION 26: Notices to Holders: Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to any other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 27: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. 45449291.1 21 SECTION 28: Mutilated. Destroved. Lost. and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. SECTION 29: Satisfaction of ObliQation of City. If the City shall payor cause to be paid, or there shall otherwise be paid to the Holders, the principal of and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of any taxes, or Net Revenues of the System or other money, securities, and funds pledged under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent/Registrar shall pay over or deliver all money held by it under this Ordinance to the City. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Obligations shall have been irrevocably deposited in trust with the Paying Agent/ Registrar, or an authorized escrow agent which Government Obligations have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof. The City covenants that no deposit of moneys or Government Obligations will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Obligations held in trust by the Paying Agent/Registrar or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest accruing thereon, with respect to 45449291.1 22 which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Bonds such moneys were deposited and are held in trust to pay shall, upon the request of the City, be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 30: Ordinance a Contract - Amendments - Outstandinq Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section and in Section 44 hereof. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 31: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 31, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1 (b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1 (b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1 (c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1 .148-1 (b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. 45449291.1 23 "Rebate Amount" has the meaning set forth in Section 1 .148-1 (b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any I nvestment has the meaning set forth in Section 1.148- 5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. 45449291.1 24 (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Hioher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federallv Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitraoe Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income 45449291.1 25 tax purposes, the City shall pay to the United States from an appropriate fund, or if permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, out of the Bond Fund the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. U) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tern, City Manager, Director of Finance and City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. (k) Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued and (2) not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. (I) Current Refunding. The Bonds are issued exclusively to refund the Refunded Obligations, and the Bonds will be issued less than 90 days before the redemption of the Refunded Obligations. (m) Qualified Tax Exempt ObliQations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Bonds to be "qualified tax exempt obligations" in that the Bonds are not "private activity bonds" as defined in the Code and represents the amount of "tax exempt obligations" to be issued by 45449291.1 26 the City (including all subordinate entities of the City) for the calendar year in which the Bonds are issued will not exceed $10,000,000. SECTION 32: Sale of Bonds. The offer of Bank of America, NA (herein referred to as the "Purchasers") to purchase the Bonds in accordance with a letter agreement, dated as of May 4, 2004, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes is hereby accepted and the sale of the Bonds to said Purchasers is hereby approved and authorized. The Mayor and City Secretary are hereby authorized and directed to sign the acceptance clause of said letter for and on behalf of the City and as the act and deed of this City Council. Delivery of the Bonds to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 33: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, Mayor Pro Tem, City Manager. Deputy City Manager, Director of Finance and City Secretary, anyone or more of said officials, are hereby authorized and directed to furnish and execute such agreements, documents and certifications relating to the City and the issuance, sale and delivery of the Bonds, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure and investment of the proceeds of the Bonds, as may be necessary for the approval of the Attorney General, the registration by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers, and, together with the City's bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 34: Proceeds of Sale. Immediately following the delivery of the Bonds, proceeds of sale in the sum of $1,666,146.33 shall be deposited to with The Bank of New York Trust Company, N.A., Jacksonville, Florida (the "Deposit Agent") to pay the redemption price of the Refunded Obligations on June 15, 2004. The balance of the proceeds of sale of the Bonds shall be expended to pay costs of issuance, and any excess amount budgeted for such purpose shall be deposited to the credit of the Interest and Sinking Fund. On or immediately prior to the date of the delivery of the Bonds to the Purchasers, the Director of Finance shall also cause to be deposited with the Deposit Agent from moneys on deposit in the interest and sinking funds maintained for the payment of the Refunded Obligations an amount which, together with the proceeds of sale, will be sufficient to pay in full the Refunded Obligations to mature and be redeemed on June 15, 2004. SECTION 35: Redemption of Refunded ObliQations. The bonds of that series known as "City of Colleyville, Texas, Waterworks and Sewer System Revenue Bonds, Series 1994", dated June 1, 1994, maturing in the years 2005 through 2014, and aggregating in principal amount $1,670,000, shall be redeemed and the same are hereby called for redemption on June 15, 2004, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to bondholders, with The Bank of New York 45449291.1 27 Trust Company, N.A., Jacksonville, Florida (successor paying agent/registrar to The Frost National Bank, Austin, Texas), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The redemption of the obligations described above being associated with the refunding of such obligations, the approval, authorization and arrangements herein given and provided for the redemption of such obligations on the redemption date designated therefor and in the manner provided shall be irrevocable upon the issuance and delivery of the Bonds; and the City Secretary is hereby authorized and directed to make all arrangements necessary to notify the holders of such obligations of the City's decision to redeem such obligations on the date and in the manner herein provided and in accordance with the ordinances authorizing the issuance of the obligations and this Ordinance. SECTION 36: Bond Counsel's Opinion. The obligation of the Purchasers to accept delivery of the Bonds is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving such Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Bonds. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Bonds. SECTION 37: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 38: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 39: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 40: GoverninQ Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 41: Incorporation of FindinQs and Determinations. The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 42: Severabilitv. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the 45449291.1 28 application thereof to other circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 43: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 44: ContinuinQ Disclosure UndertakinQ. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 2004) financial information and operating data with respect to the City of the general type described in Exhibit D hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit D hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 45449291.1 29 (1) Principal and interest payment delinquencies; (2) Non-payment related defaults; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) Modifications to rights of holders of the Bonds; (8) Bond calls; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds; and (11) Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations. Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding anything herein to the contrary, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or 45449291.1 30 type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The proviSions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data filed with each NRMSIR and SID pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 45: Public Meetina. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 46: Effective Date. This Ordinance shall take effect and be in full force from and after its adoption on the date shown below in accordance with V.T.CA, Government Code, Section 1201.028. [remainder of page left blank intentionally] 45449291.1 31 PASSED AND ADOPTED, this May 4, 2004. CITY OF COLLEYVILLE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO FORM: City Attorney 45449291.1 32 EXHIBIT C NOTICE OF REDEMPTION CITY OF COLLEYVILLE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS SERIES 1994 DATED JUNE 1,1994 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on and after January 1, 2005 and aggregating in principal amount $1,670,000 have been called for redemption on June 15, 2004 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of Maturity Principal Amount Outstandinq CUSIP Number 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 $140,000 145,000 150,000 155,000 160,000 170,000 175,000 185,000 190,000 200,000 The above bonds shall become due and payable on June 15, 2004, and interest hereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners of the bonds only upon presentation and surrender of such bonds to The Bank of New York Trust Company, NA, Jacksonville, Florida (successor paying agent/registrar to The Frost National Bank, Austin, Texas) at its designated offices at the following offices: By Hand: By Mail: Debt Processing Group The Bank of New York 111 Sanders Creek Parkway East Syracuse, New York 13057 Debt Processing Group The Bank of New York P. O. Box 396 East Syracuse, New York 13057 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance by the City Council of the City of Colleyville, Texas. THE BANK OF NEW YORK TRUST COMPANY, NA, Address: 10161 Centurion Parkway 2nd Floor Jacksonville, Florida 32256 45449291.1 Exhibit D DESCRIPTION OF ANNUAL FINANCIAL INFORMATION AND OPERATING DATA The following information is referred to in Section 44 of this Ordinance. Annual Financial Statements and Operatina Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below: 1. The financial statements the most recently concluded fiscal year. 2. The financial information and operating data currently being updated in connection with the City's outstanding revenue bonds. Accountina Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. 45449291.1 PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of May 4, 2004 (this "Agreement"), by and between the City of Colleyville, Texas (the "Issuer"), and Bank of America, NA, Dallas, Texas, a banking association duly organized and existing under the laws of the United States of America, or its successor or assigns(the "Bank"). RECITALS WHEREAS, the Issuer has duly authorized and provided for the execution and delivery of its "City of Colleyville, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 2004" (the "Securities"), dated May 1, 2004, such Securities scheduled to be delivered to the initial purchasers thereof on or about June 9, 2004; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution." The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. 45449332.1 EXHIBIT A In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal office of the Bank as indicated in Section 3.01 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Manager, Deputy City Manager, Director of Finance or City Secretary, anyone or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Redemption Date" when used with respect to any Security to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the 45449332.] 2 EXHIBIT B Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," "Issuer," and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Pavino Aoent. As Paying Agent, the Bank, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, shall pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the following address: BANK OF AMERICA, N.A. 901 Main Street, th Floor Dallas, Texas 75202 As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the paying agent account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR 45449332. ] 3 EXHIBIT B Section 4.01. Security Reoister - Transfers and Exchanoes. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. The Bank represents and warrants its office in Dallas, Texas will at all times have immediate access to the Security Register by electronic or other means and will be capable at all times of producing a hard copy of the Security Register at its Dallas office for use by the Issuer. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Reoister. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. 45449332.1 4 EXHIBIT B The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed. Lost or Stolen Securities. The Issuer hereby instructs the Bank, subject to the provisions of Section 28 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents. Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or 45449332.] 5 EXHIBIT B in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counselor any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank - Payino Aoent Account/Collateralization. Money deposited by the Issuer with the Bank of the principal (or Redemption Price, if applicable) of or interest on any Securities shall be segregated from other funds of the Bank and the Issuer and shall be held in trust for the benefit of the Holders of such Securities. All money deposited with the Bank hereunder shall be secured in the manner and to the fullest extent required by law for the security of funds of the Issuer. Amounts held by the Bank which represent principal of and interest on the Securities remaining unclaimed by the owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Bank in accordance with the provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. The Bank shall have no liability by virtue of actions taken in compliance with this provision. The Bank is not obligated to pay interest on any money received by it hereunder. 45449332.1 6 EXHIBIT B This Agreement relates solely to money deposited for the purposes described herein, and the parties agree that the Bank may serve as depository for other funds of the Issuer, act as trustee under indentures authorizing other bond transactions of the Issuer, or act in any other capacity not in conflict with its duties hereunder. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein. Section 5.08. DT Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements," which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assionment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 10. Section 6.04. Effect of Headinos. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assiqns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 45449332] 7 EXHIBIT B Section 6.07. Benefits of Aareement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire AQreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governina Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. 45449332. ] 8 EXHIBIT B IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BANK OF AMERICA, NA, Dallas, Texas [SEAL] Attest: By: Title: Address: 901 Main Street, ih Floor Dallas, Texas 75202 Title: CITY OF COLLEYVILLE, TEXAS [CITY SEAL] Attest: By: Title: Mayor Address: 100 West Main Colleyville, Texas 76034 Title: City Secretary 45449332. ] 9 EXHIBIT B PURCHASE AGREEMENT May 4,2004 Honorable Mayor and City Council City of Colleyville, Texas 100 West Main Colleyville, Texas 76034 Re: $1,710,000 City of Colleyville, Texas, Waterworks and Sewer System Revenue Bonds, Series 2004, dated May 1, 2004 Ladies and Gentlemen: BANK OF AMERICA, N.A. (the "Purchaser") hereby offers to purchase from the CITY OF COLLEYVILLE, TEXAS (the "City") the captioned obligations (the "Obligations") and, upon its acceptance by the City, such offer will become a binding agreement between the Purchaser and the City. This offer must be accepted by 10:00 p.m., Dallas time, May 4,2004, and if not so accepted will be subject to withdrawal. 1. Purchase Price: The purchase price for the Obligations is $1,710,000. 2. Terms of ObliQations: The Obligations shall be issued in principal amounts, shall bear interest at such rate, mature on such dates and in such amounts, and have such other terms and conditions as are set forth in the Ordinance (the "Ordinance") to be adopted by the City Council on May 4, 2004, unsigned copies of which have been provided to the Purchaser. Pursuant to and as more fully described in the Ordinance, the Obligations shall be secured by a lien on and pledge of the net revenues of the City's combined Waterworks and Sewer System (as described in the Ordinance). 3. ClosinQ: The City shall deliver the Initial Bond (as defined in the Ordinance) to, or for the account of, the Purchaser and the Purchaser agrees to purchase the Obligations at 10:00 a.m. Dallas time, on June 9, 2004, or at such other mutually agreeable time (hereinafter referred to as the "Closing") by paying the purchase price in immediately available funds pursuant to written instructions from the City or its designee. The Closing shall take place at the designated offices of the Paying Agent/Registrar, or such other location mutually agreeable to the parties. The City will also deliver a signed copy of the Ordinance to the Purchaser. 4. Conditions to ClosinQ: The Purchaser shall not have any obligation to consummate the purchase of the Obligations unless the following requirements have been satisfied prior 45449353.1/08000577 EXHIBIT B City of Colleyville, Texas May 4, 2004 Page 2 to Closing: (a) The City shall have adopted the Ordinance authorizing the issuance of the Obligations. (b) Fulbright & Jaworski L.L.P., Bond Counsel, shall have issued its approving legal opinion as to the due authorization, issuance and delivery of the Obligations and as to the exemption of the interest thereon from federal income taxation, upon which the Purchaser shall be entitled to rely. (c) The Obligations shall have been approved by the Attorney General of the State of Texas and shall have been registered by the Comptroller of Public Accounts of the State of Texas. (d) Nothing shall have occurred prior to closing which in the reasonable opinion of the Purchaser has had or could have a materially adverse affect on the City's business, property or financial condition. 5. Nature of Purchase: The Purchaser acknowledges that no official statement or other disclosure or offering document has been prepared in connection with the issuance and sale of the Obligations. The Purchaser is a financial institution or other accredited investor as defined in the Securities Act of 1933, Regulation D, 17 C.F.R. 9230.501(a), accustomed to purchasing tax-exempt obligations. Fulbright & Jaworski L.L.P., Bond Counsel, has not undertaken steps to ascertain the accuracy or completeness of information furnished to the Purchaser with respect to the City or the Obligations, and the Purchaser has not looked to that firm for, nor has that firm made, any representations to the Purchaser with respect to that information. The Purchaser has satisfied itself that it may lawfully purchase the Obligations. The Obligations (i) are not being registered under the Securities Act of 1933 and are not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state; (ii) will not be listed on any stock or other securities exchange; and (iii) will not carry any rating from any rating service. The Purchaser is familiar with the financial condition and affairs of the City, particularly with respect to its ability to pay its tax supported obligations such as the Obligations. The Purchaser has received from the City all information that it has requested in order for it to assess and evaluate the security and source of payment for the Obligations. The Purchaser is purchasing the Obligations for its own account or for that of an affiliate as evidence of a loan to the City and has no present intention to make a public distribution or sale of the Obligations. In no event will the Purchaser sell the Obligations or participations therein to purchasers who are not sophisticated investors unless an official statement or other disclosure document is prepared with respect to such sale of the Obligations. 6. In consideration of the purchase of the Obligations by the Purchaser, the City agrees as follows: 45449353.1/08000577 EXHIBIT B City of Colleyville, Texas May 4, 2004 Page 3 (a) The City will provide the Purchaser with audited annual financial statements within one hundred eighty (180) days after each fiscal year end. (b) The City agrees to deliver to the Purchaser any other financial information that the Purchaser may reasonably request from time to time. 7. No Oral AQreements: To the extent allowed by law, the parties hereto agree to be bound by the terms of the following notice: THIS PURCHASE AGREEMENT, THE ORDINANCE OF THE CITY AUTHORIZING THE OBLIGATIONS, THE ATTORNEY GENERAL OPINION, THE OPINION OF BOND COUNSEL AND THE OBLIGATIONS TOGETHER REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES REGARDING THIS TRANSACTION AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES RELATING TO THIS TRANSACTION. [Signatures begin on next page] 45449353.1/08000577 EXHIBIT B ,. If this purchase agreement meets with the Purchaser's and the City's approval, please execute it in the place provided below. BANK OF AMERICA, NA By: Printed Name: Title: ACCEPTED BY THE CITY OF COLLEYVILLE, TEXAS: Mayor ATTEST: City Secretary 45449353.1/08000577 S-1 EXHIBIT B CITY COUNCIL cc~@ AGENDA BRIEFING 'rC'.'t;~s. MEETING DATE: ITEM # : ORDINANCE # : 05/04/04 6 R-04-2369 CITY MANAGER I DEPARTMENT HEAD ! FINANCE REVIEW Previous Action: None DEPARTMENT: LIBRARY SUBJECT: Approval of the use of the Voluntary Library Fund, in the amount of $36,436, for the purchase of books and processing materials Reading and Public Hearing In preparing the FY2004 Colleyville Public Library budget, there were discussions with the Board in supporting the use of the Voluntary Library Fund monies for the purchase of collection materials and processing supplies. As per Resolution R-03-2237, the Voluntary Library Fund may be used for the purpose of the development and improvement of library programs and services and for approved library programs and capital items, including collection development (books and materials). As a follow-up to these discussions, the FY2004 budget provides for the allocation of $35,436 from the Voluntary Library Fund. On April 12, 2004, the Colleyville Library Board unanimously approved the use of the Voluntary Library Fund for the purchase of books and processing materials, in an amount not to exceed $36,436. Financial Impact Funds are available in the Voluntary Library Fund. Recommendation Approval Attachments . Resolution R-03-2237 · Voluntary Library Fund Report . Resolution R-04-2369 RESOLUTION R-03-2237 A RESOLUTION ESTABLISHING THE ALLOWED USES OF THE VOLUNTARY LIBRARY FUND WHEREAS, the mission of the Colleyville Public Library is to provide cultural, educational, intellectual and recreational resources in an inviting environment to enhance the quality of life for all ages; and WHEREAS, the City of Colleyville can anticipate continued growth in the demand for library programs and services; and WHEREAS, it is the opinion of the City Council that the best interest of the citizens of Colleyville will be served by providing for a voluntary library fund; and WHEREAS, the City Council has established the Colleyville Public Library Board and this Board shall serve as a recommending body to the City Council for the use of the Voluntary Library Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a voluntary library fund has been established for the purpose of the development and improvement of library programs and services; and said fund can be used for approved library programs and capital items, including collection development (books and materials) and other items as desired by the City Council; however, said fund will not be used to provide for ongoing library maintenance and operations. Sec. 2. Sec. 3. THAT the voluntary library fund is funded through a voluntary donation of one ($1) per month from the citizens of Colleyville. THAT this fee is listed with the Library Donation Fund as a separate entry on the Colleyville residents' water bills and is in all ways strictly voluntary. AND SO IT IS RESOLVED. PASSED BY A VOTE OF .r AYES, ~NAYS AND ---'LABSTENTIONS ON THIS THE~DAYOF t!J~ 2003. Resolution R-03-2237 Page 2 of 2 ATTEST: cyt1n~~~ City Secretary FINANCIAL STATUS OF VOLUNTARY LIBRARY FUND AT 3-31-2004 FUND BALANCE AT 9-30-2003: $253,040 FY 2004 REVENUE Donations: PROJECTED ACTUAL October $5,275 $5,275 November $4,641 $4,641 December $5,682 $5,682 January $5,189 $5,189 February $4,986 $4,986 March $5,441 $5,441 April $5,225 $0 May $5,225 $0 June $5,237 $0 July $5,250 $0 August $5,250 $0 September $5,275 $0 Total Donations $62,676 $31,214 Interest income Received $4,500 $2,349 TOTAL $67,176 $33,563 FY 2004 EXPENDITURES RECOMMENDED (BOARD) APPROVED (COUNCIL) EXPENDED ------- ------- ------- ------- ------- ------- BOOKS AND PROCESSING MATERIALS $36,436 $0 $0 ------- ------- ------- ------- ------- ------- TOTAL $36,436 $0 $0 UNENCUMBERED FUND BALANCE AT 3-31-2004 (COUNCIL APPROVED) $286,603 PROJECTED FUND BALANCE AT 9-30-2004 $320,216 RESOLUTION R-04-2369 A RESOLUTION APPROVING THE USE OF THE VOLUNTARY LIBRARY FUND FOR THE PURCHASE OF BOOKS AND PROCESSING MATERIALS WHEREAS, according to Resolution R-03-2237, the Voluntary Library Fund may be used for the development and improvement of library programs and services and for approved library programs and capital items, including collection development (books and materials); and WHEREAS, the Colleyville Public Library Board supports the use of the Voluntary Library Fund for the purchase of books and processing materials. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby approves the use of the Voluntary Library Fund, in the amount of $36,436, for the purchase of books and processing materials. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THE AYES, DAY OF NAYS AND 2004. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL CilY Of cce~ Tl~Xd::' AGENDA BRIEFING MEETING DATE: ITEM#: RESOLUTION # : 05/04/04 7 R-04-2370 CITY MANAGER I DEPARTMENT HEAD FINANCE REVIEW I Previous Action: Tabled DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a deferral of parkland dedication fees for 21.551 acres In the Town Center Colleyville Addition, located in the 5500 block of Colleyville Boulevard, Case G-04-012 Reading and Public Hearing The developer of the Town Center commercial development has requested a deferral of the parkland dedication fees on three lots in the development until the property is actually utilized. The amount of the deferral totals $14,600.73. Two of the lots are vacant, while the larger lot is undeveloped on 78.2% of the lot. The partially developed lot currently contains four retail businesses located on the north side of the Market Street grocery store. The Colleyville Land Development Code requires the payment of parkland dedication fees in the amount of $800 per acre as commercial properties are platted. The following table shows the parkland dedication fees applicable for each lot and the amount of deferral being requested. Town Center Colleyville Parkland Dedication Fees on Selected Lots Legal Lot Size Parkland Percent Amount of Description (in acres) Dedication Undeveloped Deferral Fees Requested Lot 1 R, Block 1 15.138 $12,110.40 78.2% $ 9,470.33 Lot 3R2, Block 1 3.388 2,710.40 100.0% 2,710.40 Lot 1 R1, Block 2 3.025 2,420.00 100.0% 2,420.00 Total 21.551 $ 17,240.80 $ 14,600.73 Recommendation Denial due to technical non-compliance Attachments · Letter from Applicant · Site Map · Resolution R-04-2370 04/28/04 13:56 F~~ 972 387 3837 HODGES & ASSOCIATES PLLC 141 001 13642 Omega, Dallas. Texas 75244 (972) 387-2n2 phone (972) 387-8512 fax wv.w.hOClgesusa.com - April 28, 2004 Mr. Barry leBaron, Development Director City of Colleyvitle Community Development Departnlent 100 Main Street CofleyviHe, Texas 76034 Re: Parkland Dedication Fees Town Center ColleyviUe, Addition Dear Mr. LeBaron: VIA I:ACSIMILE Town Center Colleyville hereb~' requests a formal hearing to discuss adjustments to the invoiced Parkland Dedication Feet. for Town Center CoIIeyviIIe. Based on the existin!) criteria, we are being billed currently for property that has not been put into service nor has bElen developed at this point because of the technicality of platted 1018. As you know in particular, soml~ loIs. which have only utilized only 3 acres of land, ha'ile been taxed for 15 acres tracts because of existing platting configurations. We hereby requ'est an adjustment to the Parkland Dedication Fees, which defers payment of the fees until property is actually utilized. Very truly yours, H.ODGES DEVElO MENT SERVICES, L.P. ~ Char1es M. Hodg c:c via facsimile: Bill Undley. City Manager Robert M. FarreH J;\CHDS\400111 (H&A 99016-Co~)\CClrrespondenceIl..ett8r$\40001L lR042804- 3LeBaron.doc ~-~- ~= N ~lI( !1!1l... i>lC/J I a.. <( ~ ~ Z () > ~ o f!!j i II ~ II jj / Sl ~ i ~ '/ I l 11 "C (1) ~ c.. ~O () (1) o > -(1) CO"C ~ c D::::::l ~ 0 --Ci' ON .....J . CO r-- 'jllli!'1 Hiil'j:, '1!.,HIII !:!I'ft ' 111:!,l!I'j 1':1"1" ,11.~1,P.1 I I ~:- ~ RESOLUTION R-04-2370 A RESOLUTION APPROVING A DEFERRAL OF PARKLAND DEDICATION FEE REQUIREMENTS FOR A PORTION OF LOT 1 R, BLOCK 1; ALL OF LOT 3R2, BLOCK 1; AND LOT 1 R1, BLOCK 2, TOWN CENTER COLLEYVILLE ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the parkland dedication fee requirements for a portion of Lot 1 R, Block 1; all of 3R2, Block 1; and Lot 1 R1, Block 2; Town Center Colleyville Addition, are hereby waived until the property is actually utilized. AND IT IS SO RESOLVED. AYES, NAYS AND 2004. ABSTENTIONS ON PASSED BY A VOTE OF THIS THE DAY OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL CC@mC/l AGENDA BRIEFING I~X",$ MEETING DATE: 05/04/04 ITEM # : 8 RESOLUTION #:! R-04-2371 CITY MANAGER ! DEPARTMENT HEAD FINANCE REVIEW l Previous Action: None DEPARTMENT: ENGINEERING SUBJECT: Approval of an Interlocal Agreement with Tarrant County for Improvements to Glade Road, Pleasant Run Road and a section of Cheek Sparger Road, in an amount not to exceed $145,000 Reading and Public Hearing The City of Colleyville has been partnering with Tarrant County for several years in the reconstruction of asphalt pavement roadways throughout the City. Each project was completed at a considerable cost savings to the City. The County provides all of the labor and equipment necessary to conduct the improvements and the City is responsible for material purchase, traffic control and engineering testing. In 1999, the City of Colleyville and Tarrant County partnered to construct the realignment of Bransford Road south of L.D. Lockett. In 2002, a 300 foot section of Bandit Trail was reconstructed. In 2003, approximately 6,200 feet of roads were reconstructed. Those roads were Rose Street, Lowrie Road, Reagan Road, Cherry Avenue, and sections of John McCain Road and Glade Road. The FY2004 projects include Glade Road, Pleasant Run Road, and a section of Cheeksparger Road. Glade Road will be resurfaced from Summerbrook Drive to 400 feet west of Bluebonnet Drive (5,655 linear feet). Pleasant Run Road will be resurfaced from Cooks Lane to John McCain Road (5,290 linear feet). Cheeksparger Road will be resurfaced from Windermere Drive west to Warwick Drive (approximately 677 linear feet). Each roadway has extensive cracking and base failures and is in need of resurfacing. City crews will be repairing base failures as needed with funding from the Street Department's operating budget. Tarrant County would like to include these roads as a cost-sharing project for a total cost not to exceed $145,000. The rehabilitation will include milling and disposal of the existing top layer of asphalt, re-compaction and re-grading the base, and the application of a 2-inch HMAC surface course. Dustrol will provide the milling under the current Tarrant County contract Number 2001-185 at a cost not to exceed $32,000. This cost is included in the total cost of $145,000. This application is consistent with the City's street rehabilitation program that is conducted annually by the Public Works Department. This agreement with Tarrant County allows for the rehabilitation of City streets without incurring the full cost of the project. City staff estimates a Agenda Briefing Resolution R-04-2371 Page 2 of 2 savings to the City of Colleyville of approximately 30% by partnering with Tarrant County on these types of projects. Financial Impact Funding is available from the Street Department Resurfacing Budget. Recommendation Approval Attachments . Interlocal Agreement . Resolution R-04-2371 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of , 2004, by and between the County of Tarrant, acting herein by and through its governing body the COl11l11issioners Court, hereinafter referred to as TARRANT .. ..... .. .. .~ ." . . COUNTY, and the CITY OF COLLEYVILLE acting herein by and through its governing body, hereinafter referred to as THE CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governmg bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal - . authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; set project being more particularly described as: . Construction of a HMAC Overlay on Glade Road from Summerbrook Drive to 400 feet west of Bluebonnet Drive (approximately 5,655 If). . . Construction of a HMAC overlay on Pleasant Run Road from Cooks Lane to John McCain Road (approximately 5,290 If). . Construction of a HMAC Overlay on Cheek-Sparger Road from Windermere Drive to Warwick Drive (approximately 677 If.). WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed facility, and in order to share the costs of having said work to be done have agreed to share in the financing of said construction as hereinafter stated in detail. T~e CITY hereby "agr~es that the CITY will 'pay for .any engineering, survey, and laboratory testing necessary for these projects, and that the COUNTY will not be responsible for any payment for such services. The CITY must notify the COUNTY within thirty days of completion of this project of any complaint the CITY has with the project. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. TARRANT COUNTY agrees to provide the following work for the following projects: A. Glade Road: Coordinate the removal of the existing HMAC surface and place a new two-inch HMAC surface. B. Pleasant Run Road: Coordinate the removal of the existing HMAC surface and place a new two-inch HMAC surface C. Cheek-Sparger Road: Coordinate the removal of the existing HMAC surface and place a new two-inch HMAC surface. ~~ 2. TARRANT COUNTY agrees to provide the labor and equipment necessary for the rehabilitation work of above proj ects. 3. The CITY agrees to pay for the actual cost of the materials, including any delivery or freight costs. The CITY will provide a purchase order and will be billed directly by the material supplier. The County may accumulate and bill the City for incidental material cost. 4. The CITY agrees to pay for the actual cost of the removal of the existing asp.halt" s~rfac~ 'by a ~iHing contra~tor and is responsible for the adjustment of all valves, manholes, and utilities. 5. The CITY agrees it will be responsible for traffic control on these projects. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. The CITY will also be responsible for all striping (both temporary and permanent) for the project. 6. The CITY will provide the COUNTY with a hydrant meter and all the water necessary for the projects at no cost to the COUNTY. 7. The CITY agrees that if a Storm Water Pollution Prevention Plan (SWPPP) is required, the CITY will be responsible for the design and development of the plan. The COUNTY will be responsible for the implementation. and maintenance of the SWPPP during the duration of the project. The CITY further agrees to pay for all cost (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the plan. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. CITY agrees that the COUNTY is relying on the CITY for notice of when to proceed with these projects, but this Agreement does not require the County to do these projects within any particular time frame. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (l) year from date herein, unless renewed by both parties in writing. CITY: Authorized City Official ATTEST: CITY TARRANT COUNTY: TOM VANDERGRIFF, County Judge ATTEST: COUNTY B. GLEN WHITLEY County Commissioner Precinct Three * AFPROV AL AS TO FORM: District Attorney's Office . By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. parties should not rely on this approval, and should seek review and approval by their own respective attorneys. RESOLUTION R-04-2371 A RESOLUTION AUTHORIZING THE APPROVAL OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR IMPROVEMENT TO GLADE ROAD, PLEASANT RUN ROAD AND A SECTION OF CHEEK SPARGER ROAD WHEREAS, Tarrant County will rehabilitate approximately 677 linear feet of Cheek Sparger Road from Windermere Drive to Warwick Drive, 5,655 linear feet of Glade Road from Summerbrook Drive to 400 feet west of Bluebonnet Drive, and 5,290 linear feet of Pleasant Run Road from Cooks Lane to John McCain Road; and WHEREAS, Tarrant County will provide the labor and equipment required to construct the planned improvements; and WHEREAS, Dustrol, Inc., under the Tarrant County contract (Number 2001-185) will provide milling services in an amount not to exceed $32,000 for the 2004 Street Resurfacing Improvement Project; and WHEREAS, the City will provide the materials testing, traffic control, and striping during and after construction; and WHEREAS, the City will issue a notice to proceed for the County to begin after approval of the Interlocal Agreement; and WHEREAS, the work will be conducted immediately upon the notice to proceed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Interlocal Agreement with Tarrant County for improvements to Glade Road, Pleasant Run Road and Cheek Sparger Road, in the amount not to exceed $145,000, which includes the Dustrol, Inc., not to exceed amount of $32,000, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE AYES DAY OF NAYS AND 2004. Resolution R-04-2371 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL cc@m", AGENDA BRIEFING ll'.X:'S MEETING DATE: ! 05/04/04 ITEM #: ' 9 RESOLUTION #: I R-04-2372 CITY MANAGER DEPARTMENT HEAD! FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: To override the Mayor's veto of Resolution R-04- 2365, appointing members to the Planning and Zoning Commission Reading and Public Hearing This item provides for the Council's consideration of the Mayor's veto of Resolution R-04-2365, appointing members to the Planning and Zoning Commission. According to the City's Charter, Section 3.14, Veto by Mayor: "Upon the return of any ordinance or resolution by the Mayor, the vote by which the ordinance or resolution was passed shall be reconsidered. If, after such reconsideration, four (4) Councilmembers agree to pass and adopt such ordinance or resolution, and enter their votes on the journal of their proceedings, the same shall be in full force and effect". Attachments . Mayor Joe Hocutt's Veto letter . Excerpts - City Charter . Resolution R-04-2365 . Resolution R-04-2372 city of e THE CITY OF COLLEYVILLE TEXAS Texas JOE HOCUTT MAYOR D @:@~OW~ ~ ~ APR 2 2 2004 L) CITY SECRETARY'S To: Cynthia Singleton, City Secretary Colleyville City Council RE: R-04-2365 Planning & Zoning Commission Appointments During the election I made a commitment to the citizens of Colleyville to move our city forward in a positive manner, beyond the politics that impugn our city's reputation. The appointments approved perpetuate the past and do not represent the majority of Colleyville's citizens. In addition, none of these individuals completed the Financial Disclosure Statement that is required in our application process for the Planning and Zoning Commission. This leaves me no other option but to veto Resolution R-04-2365. My position remains the same, as I stated at our last council meeting, sometimes "the only way to change is to change". The response I've received from our citizens is overwhelmingly supportive. We have an opportunity to work together for the desires of our citizens and to move our city forward in positive way. Respectfully, 100 MAIN STREET COLLEYVILLE, TX 76034 817.503.1140 FAX 817.503.1139 .:.c....:O.." u.c ..c..o..-:o.... It -- _.1:__ -= ::.-! =--= CL- U"D e-~ .~~''O..901;::-.!r ..c.ci _._.~ -;-:-=.2 ..ccl;. -c.c-,,!E.... :oo..!!l.': .3 :I ~:I . = U) c ! · J S.. .2.i. >>.2 -==..!!.~c.':i !.: ~: a.J= 2,.u:3 .2.io.Ec.=..g ."u.;.o:E~=a. ..o2,:oo.u E..JiI-c =:.U I c~I= 1" 0 I .:. i!c~= ~:I ......3i ..Ji 'W = = 0 0 u -= 1i &8 f c 2>-:......5..: - :I'Icl.....t.a.rI ~.5_..:-!!".-S~ u.oo::tiC".sE .i:'''c .2 -.2 E =-="8 "8 ,,- ~ii!.slj~0.t11 · iij-""'U lcn!.,,; ..a.. G.>-_503l-2J1.!!=j o-c .i ii "Ug~. c..s ac ~ · · a.= 8 . J .2 E- !li~.c!;_jJJi ~-..9Ji'5 ..x - .3 o':!j::t Ii :o..!,...: aJ.! ...Ia.c'! !lI:.-~;.sEo .a. o.cj c"I-8.c 'I.: ..0 JIEl :=j_i=:j-l:l'o5l] ~ 8.scnii.I..ol.1e coi i11..-s;a.,a .~ szs.j ]20"..31 Ii ".> ..".>-S-' =0 "a.ellc..e..:.J u a. -8" ii a.. 25- rZ ~.: tt:l ! I a t~ 'ii ~ ;.: o . :E ..0 o i @ c:::::J .... , a: It) W r./i (7) - f- - .... -- ... .... a: i5 ~ ;.c .... - A' <t ~ 0 U .~ LU J: l- e:( CJ 0 RESOLUTION R-04-2365 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION WHEREAS, three (3) positions on the Planning and Zoning Commission have expiring terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints the following persons to serve a two year term, effective this date, and expiring September 2005: . David Dudziak . Tom Hart . Luann Edwards Place 5 Place 6 Place 7 AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2004, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE / VETOED APRIL 22, 2004. Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor RESOLUTION R-04-2372 A RESOLUTION TO OVERRIDE THE MAYOR'S VETO OF RESOLUTION R-04-2365 APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION WHEREAS, Mayor Hocutt has vetoed Resolution R-04-2365, appointing members to the Planning and Zoning Commission; and WHEREAS, the City Council agrees to override the Mayor's veto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby overrides the Mayor's veto of Resolution R-04-2365, appointing members to the Planning and Zoning Commission. AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2004, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL cc@m", AGENDA BRIEFING {C':'I:,,$ MEETING DATE: 05/04/04 ITEM #: ! 10 RESOLUTION #: : R-04-2373 CITY MANAGER DEPARTMENT HEAD i FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointments to the Planning and Zoning Commission Reading and Public Hearing On April 22, 2004, Mayor Hocutt vetoed Resolution R-04-2365, which was approved by City Council on April 20, 2004, appointing members to the Planning and Zoning Commission. In the event that Council sustains the Mayor's veto, this Resolution provides the opportunity for Council to consider appointments to the Planning and Zoning Commission. There are three (3) positions on the Planning and Zoning Commission whose terms expired September 2003. The positions were advertised and applications accepted through September 18, 2003. There are seven (7) applicants, whose names are listed below and their applications are attached. . Mark Jones* . Dave Dudziak . Michael Taylor . Michael Brady . Tom Hart . Jo Ann Gasper . Luann Edwards *1 ncumbent Attachments . Planning and Zoning Commission roster . Mayor Hocutt's Veto letter . Applications for Appointment . Financial Disclosure and Business Conflict of Interest forms - Michael Brady . Resolution R-04-2373 Planning and Zoning Commission Meets Second and Fourth Monday at 7:00 p.m. In Council Chambers PLACE 1 Bruce Kelly 3001 Scarborough Lane Colleyville. TX 76034 W: 817.999.9115 H: 817.355.1145 F: 817.355.1145 TERM: September 2002 - 2004 PLACE 3 Earl Swift 207 Virginia Square Colleyville, TX 76034 H: 817.498.8780 F: 214.855.1962 TERM: September 2002 - 2004 PLACE 5 VACANT TERM: September 2003 - 2005 PLACE 7 VACANT TERM: September 2003 - 2005 LIAISON Mark Skinner 4108 Greenway Court Colleyville, TX 76034 W: 214.957.1834 H: 817.498.5698 F: 817.514.6664 M: 214.957.1834 PLACE 2 Jeffrey Byerly 7109 Pebble Hill Drive Colleyville. TX 76034 W: 817.416.4933 H: 817.329.3372 F: 817.410.9723 TERM: September 2002 - 2004 PLACE 4 Jeffrey Wall 7900 Jefferson Circle Colleyville, TX 76034 W: 817.577.0698 H: 817.577.0698 F: 817.281.1698 TERM: September 2002 - 2004 PLACE 6 Mark Jones 3604 Wexford Court Colleyvllle. TX 76034 W: 214.801.7626 H: 817.540.1021 F: 817.540.6527 TERM: September 2001 - March 2004 LIAISON Jon Ayers 4808 Meandering Way . Colleyville, TX 76034 W: 817.267.9009 H: 817.267.1630 F: 817.318.0663 M: 972.571.6647 Revised IVI &IfU city of THE CITY OF COLLEYVILLE TEXAS Texa~ JOE HOCUTT MAYOR D ~@~OW~ ~ APR 2 2 2004 U CITY SECRETARY'S To: Cynthia Singleton, City Secretary Colleyville City Council RE: R-04-2365 Planning & Zoning Commission Appointments During the election I made a commitment to the citizens of Colleyville to move our city forward in a positive manner, beyond the politics that impugn our city's reputation. The appointments approved perpetuate the past and do not represent the majority of Colleyville's citizens. In addition, none of these individuals completed the Financial Disclosure Statement that is required in our application process for the Planning and Zoning Commission. This leaves me no other option but to veto Resolution R-04-2365. My position remains the same, as I stated at our last council meeting, sometimes "the only way to change is to change". The response I've received from our citizens is overwhelmingly supportive. We have an opportunity to work together for the desires of our citizens and to move our city forward in positive way. Respectfully, 100 MAIN STREET COLLEYVILLE, TX 76034 817.503.1140 FAX 817.503.1139 city Of SEP 1 0 2003 Texas Application for Appoint CITY SECRETARY'S OFFICf Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <http://www.collevville.com/boards/aoolication.aso> or by contacting the City Secretary at 817.577.7575. ext. 203. Ms. Mrs. Mr. Name: JONES, MARK (Last) Address: 3604 WEXFORD CT. Home Telephone:817 -540-1021 A. (First) (MI) COLLEYVILLE, TX. 76034 Work Telephone:214-801-7626 Email Address_ Fax:817-540-6527 Board, Commission or Committee Appointment Desired: P&Z Commission Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) BBA, NORTH TEXAS STATE UNIVERSITY, SENIOR EXECUTIVE TELECOMUNICATIONS INDUSTRY WITH BOTH DOMESTIC AND INTERNATIONAL BUSINESS DEVELOPMENT EXPERIENCE, CURRENT COLLEYVILLE PLANNING AND ZONING COMMISSIONER Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) HAVING RETIRED FROM CORPORATE LIFE DUE TO MEDICAL LIMITATIONS I DESIRE TO CONTINUE SERVING COLLEYVILLE AND HER CITIZENS BY VOLUTEERING MY TIME AND EFFORTS WHILE LEVERAGING MY BUSINESS DEVELOPMENT AND P&Z EXPERIENCE, PROVIDE CONTINUITY WHILE WORKING TO COMPLETE THE MASTER PLAN UPDATE, UTILIZE MY PAST P&Z EXPERIENCE AND TRAINING TO CONTINUE WORKING ON THE VARIOUS ZONING AND PLATING OPPORTUNITIES PRESENTED TO THE CITY. Do you understand that attendance and active support is required for each appointee? _X_ yes _ no Signature: _Mark A. Jones Date: September 9,2003 Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 city Of Application for Appoint Planning and Zoning Commission and Zoning Boa applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <htto:llwww.collevville.com/boards/aoolication.aso> or by contacting the City Secretary at 817.577.7575, ext. 203. Ms. Mrs. Mr. Dud~ak Dave (Last) (First) Address: 2301 Wilkes Court Co II eyviIIe, TX 76034 Home Telephone: (817) 421-8789 Work Telephone: Name: G. (MI) Email Address: - Fax: (817) 429-8008 Ext 224 (817) 446-4486 Board, Commission or Committee Appointment Desired: Planning & Zoning Comm. Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) 9 years in the building\remodeling industry working in customer service management. 5 years in the homebuilding business in Tarrant & adjacent counties. The past 3 years as VP of Customer Service. I am involved as part of History Maker Homes management team in the development of & implementation of new residential communities. I deal daily with homeowner issues that involve all aspects of their homes and their subdivisions. This gives me experience that enables me to be sensitive to our fellow residents and their concerns on matters that come before the Committee. Experienced working within Colleyville to develop & complete the redevelopment of Kimzey Park. President of the Ross Downs HOA for the past 3 years. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board. Commission, or Committee) I am a long time (10 yrs.) resident who is willing to work with other citizens to assist our city leaders, by working with my fellow P & Z members, as they make decisions that will lay the ground work for a brighter future for our residents. I am willing to commit the time and energy to the committee. I understand the important roll that P& Z plays in the development of residential areas and commercial businesses. Do you understand that attendance and active support is required for each appointee? _X yes no Signature: Date: Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Colleyvil/e, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 city of Ms. Mrs. ----11liJ Name: Address: SEP 1 7 mI Texas C1T'l" "'11: ;'W"-,r.", ; Application for Appointment '. t. v, \'~'-'-~; :~~L nee Taylor Michael (Last) (First) 5016 Chelsea Drive, Colleyville A. (MI) Home Telephone: 817-267-5407 Work Telephone: 817-366-5557 (M) EmailAddress: _ Fax: 817-377-4405 Board, Commission or Committee Appointment Desired: Planning & Zoning Commission Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) Current: Small business owner, GCISD DEC Committee, Policy Advisory Board Rep. Vicki Truitt, Tarrant County Crimes toppers BOD, NE Tarrant County Chamber BOD, Chair Business & Industry Advisory Board for Rep Vicki Truitt. Former positions on CV City Council, CV CEDC, CV CCPD, CV TIFRZ Board, SH-26 Advisory Committee, 1991 Bond Committee, GCISD 2002 Long Rang Planning Committee, Exec Dir HEB Economic Development Foundation, Chair Transportation Advisory Board '98- '02 for Rep. Vicki Truitt, NE Tarrant Arts Council, Tarrant County Crime Stoppers BOD. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) I've been priviledged to serve our city in various positions and will bring a working knowledge of the city, transportation and professional economic development experience to the P&Z Commission that will help to enhance the debate among all members. I believe our development buildout is bright, but challenging, and I have a positive outlook for the challenges and opportunities we face. As a small business owner and resident, I have been affected by many of the same situations Colleyville faces today and have first hand experience that can be shared with the commission members and applicants. Do you understand that attendance and active support is required for each appointee? XX yes no Signature: / ~_________ Date: Se.21ember 17, 2003 Once the City ncil has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 n~ ~ IE <<: IE I \VI IE ~ SEP 1 7 2003 ~ CITY SECRETARY'S . OFFICf oard of Adjustment Conflid of Interest forms (2) two e Public Notice. These forms are s/aoolication.aso> or by contading the .203. 4.el :T. (MI) C olleyv i lie ephone: '6 17;- ~ '61- 'S"~ II ax: ~ 11,,-lf:t 1- -z, z r?: P f 1- CoPt\..~ i~5 ion lence that would assist you in ( l Vea-'(S . can make to this appointment mmission, or Committee) -<" I'M J( e f ij J,e3+- d, s required for each appointee? Date: D",- ?,,5 ~3 tion will be removed from the" ic Record. : 817.577.7575 Fax: 817.577.7-" City Of l'exaS Application for Appoin Planning and Zoning Commission and Zoning B applicants are required to file Financial Disclosure and Business business difi after the application deadline as advertised in th available on "'~'s website at <htto://www.collevville.com/board City Secretary at 817.577.7575, ext Ms. Mrs. ~) Address: Home Telephone: Email Address: Board, Commission or Committee Appointment DeSired Qualifications: (list educational background or exper carrying out the duties of this appointment) CU' e~ r eA.r1 esf-4-t~ t ( DIC e-r -fvr~ Reasons for Serving: (state briefly the contributions you and your reasons for wanting to serve on the Board, Co f ~ ( IJ 1.,{ ~~ _ l V,--S hI ~ 5 5-t~ .J re5- i J ~:'ji I t' {l-. AiL t:- ,,-{- lA.S ~ c.( -+-~ 'C' it"" c....t\.... Do you understand that attendance and active support i x... yes _00 Signature: Once the City Council has filled a po lon, your applica and you must reapply for future open~nQs. This information will become a Publ City S~ P.O. Box 185, CoI/ey'll"[ 78OU, Phone ilcg SEP 1 7 -Ma Texas Application for Appoint Ms. Mrs. Mr. Name: Hart Tom F. 1717 Avondale Colleyville, TX 76034 Home Telephone: 817-540-1171 Work Telephone:8179753671 Email Address: _ Fax: Board, Commission or Committee Appointment Desired: Planning and Zoning Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) I have served many years on P&Z in the recent past and I have a desire to serve again. I am a trained investigator and I feel that these qualities will assist with my decision making Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) I have a desire to serve my community Do you understand that attendance and active support is required for each appointee? _x_ yes no Signature:_ Tom Hart Date: 9/17/2003 Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 CilY of nee SEP 1 8 2003 Texas Application for Appointme CITY SECRETARY'S OFFICf Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <http://www.collevville.com/boards/aDolication.asD> or by contacting the City Secretary at 817.577.7575, ext. 203. Ms. Mrs. Name: Gasper Mr Jo Ann (Last) (First) (MI) Address: 4103 Paddington Ln, Colleyville, TX 76034 Home Telephone: 817-498-2671 Work Telephone: 817-498-2671 Email Address: _ Fax: 817-577-2712 Board, Commission or Committee Appointment Desired: Planning & Zoning Qualifications: (list educational background or experience that would assist you In carrying out the duties of this appointment) MBA, University of Dallas Graduate School of Management 2 years Colleyville Planning & Zoning (1 year Chairman) 30 years management and executive experience including: head of federal agency with $154 minion budget and 8 years government executive. Broad experience includes: health, social services, education, research and development Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) To maintain the quality of life in Colleyville while encouraging economic development. To use my experience on P&Z and involvement in the community to ensure the master plan is responsive to all members of the community and promotes the common good My broad experience and analytical skills can enhance the operation of P&Z. Do you understand that attendance and active support is required for each appointee? _ yes no Signature: Date: t1//1U(/()3 .LJ I Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City SecretBry P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 A1fIJ: c.'t ~ 'Tl-\, A SI~U1.." TOt.J l"exa1O (~i'Y 0' SEP 1 8 2003 Application for Appointm nt CITY SECRETARY'S OFFICE' Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conftict of Interest forms (2) two business days efter the appliC8tlon deadline 8S advertised In the Public Notice. These forms are available on the City's website at <httD:/lwww.collewllle comlboardt/8cDlication.asD> or by contacting the City Secretary at 817.Sn.7575, ext. 203. Ms. Mrs. Mr. Name: EI>~lrLo~ (Last) Address: ~ do 0 W. C::rL.AO ~ Home Telephone: e,; '-'" e - 0 I'S c. Email Address: L\JA~,.J (First) eo. Work Telephone: C21t,f St.!. SSlC; Fax: (MI) Board, Commission or Committee Appointment Desired: 'f'l....tJ~ UJf.r' ?o~ I tJ(.r Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) <- 'te.~c..E:. otJ or. 2.. O~~e.. \0 "/&-Pr€.~ \toJ\le....'" ~() 1 tJ l.. 0,," A ~ e:.ov E. e. .., 1\0\. ~ \ . Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) ,. 0 ~ Ii ~ lJ It. Eo ~\ """' Ii &'\ Go,,"'\... ''1'f t>E, V e.'-o? ~~ T , e. o~ e.... E:., 0 ~ tJ "t\ A \- .. Go ~"" E-ll. ~\ '" '- I l t.J Co '-'- r:. 'Y v, &..... €. . Do you understand that attend~ce and active support is required for each appointee? ~yes _no Date:-11,8/';'003 Once th C uncil has filled a position J your application will be removed from the file and you must reapply for future openings. This lnfonnation will become a Public Record. City $ec:18h1ry P.O. Box 185, Colleyvllle, Texas 76034, Phone: 817.577.75'15 Fax: 817.577.7555 lOO~ VS;1 1\:'VJH11IK TOCC{'QOf:oT:r VV.J (>(>' "T'~ ^^ ,AT City of Colleyville Financial Disclosure and Business Conflict of Interest ::Corms INFORMATION STATEMENT Form 1 Filed in accordance with Ordinance 02-1322 For more information see INSTRUCTION GUIDE TO-^~ ~:JMe~R Or=' p,"Gt~ !":LCS OFFICE USE ONLY 2 ADDRESS '')In!:S~ C::TY. S'T"T= Zl~ /3rcu:Jy {p Y" I ~H-e.r ~i cb e if. Co/leyville/ Ty-- 7(PtJ3<!- SEP 1 7 2003 NAME 'ITL' =,05T"" IY1 ,'vltt:; e..( 3. NIC.k NA.~ . ""COT "...::CI"lf CITY SECRETARY'S OFFICF Rw:..~;' ~UTTt.fH "m.)Ur 3 TELEPHONE NUMBER AfEA au: -:>Hf""lN= N JI.;16Efl ~ENSlfYoj :1I;:~ ~rx.s.:.1IC ( 8/7) (P'5~--:J.ti~/ )ir~ lma.;;et: 4 REASON FOR FILING STATEMENT o CANDIDATE o ELECTED OFFICIAL (INDICATE: OFFICE) (INDiCATE orr:CE) o ZONING BOARD OF ADJUSTMENT IAPPlICANTORAPPOINTEEl IP-PLANNING AND LONING COMMISSION (APPLICANT OR APPOINTE:E) ~ o TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE OFFICE OR APPOINTMENT o CHANGES TO BE FILED JANUARY 15TH o CHANGES TO BE FILED JULY 15TH [] SUPPLEMENTAL CHANGES 5 Provide information for spouse and dependent children whose financial activity the filer had actual control aver during this filing period. In addition. the source of annual income of the spouse shal! be provided. as subject to federal election reporting requirement.s for a spouse: ~POUSE Li bb~W. ~(a...-~ )Q DEPENDENT CHILD 1 r {f!(tic(( moy 2 3 6 0 NO CHANGE I do by here verify that there has been no changes since the prevIous filing of the Financial Disclosure and Business Conflict of Interest Forms. PLEASE SEE FORM 8 In parts 1-4 disclose your financial activity during the 12 months proceeding the date of filing. In part 5 disclose not only your own financial activity, but also that of your spouse and;or dependent child or children. if you had actual control over that person's financial activity. COPY AND ATTA ADDITIONAL PAGES AS NECESSARY DATE tt....,(,..'UOJ INITIAL HERE: City of Collevville Financial Disclosure and Business Confltct 0' Interest ~crms SOURCES OF OCCUPATIONAL INCOME Form 2 When reporting information about a dependent chIld's activity indicate the child about whom you are reporting by proViding the number under which the child IS listed on FORM 1. INFORMATION RELATES TO 2 EMPLOYMENT o EMPLOYED BY ANOTHER ~LF EMPLOYED INFORMATION RELATES TO EMPLOYMENT o EMPLOYED BY ANOTHER )B..sEL~ EMPLOYED INFORMATION RELATES TO EMPLOYMENT o EMPLOYED BY ANOTHER o SEL ~ EMPLOY"D ~FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS or CMPLOYCR I POSITION HE~C ~~i.,;L{ LeMi~ Et6e.. q ;l.I) 5. rJ1a..i;'J 5 f-. .i1 /~-v {;;;VPfeV/,Vlofr ~ 7~OS/ r~ATURC or OCCUPATION I NAMC AND ADDRCS', ! POSITION HCLD Oro/<e ,. o FILER ~POUSE o DEpENDENT CHILD NAMC AND ADDRCSS 0, CMPLOYE:R POSITION HELO ~y ~( LeMiJ1~ E~e... q;l..o 5. ~ 51: :If::1~-o b '0/ f- ~A~:; o~tCU~Ar:l:AMCA2D:~~S::~ION HCLD ~WI1e-r ! off.ce ~Itj.ey OCIL::R o SPOuSE o DEPENDENT CHILD ~~AM~ A~JC: A:J:'P.[~>~ a- r:to.'tP~Cv~R.' POf.fTIO".: H~~t. ~.JATUF1[ or OCC')PATION COpy AND ATTACH A9DITIONAL PAGES AS NECESSARY t) DATEI1~/~.zco1> INITIAL HERE: City (11 Collpvville Financial Disclosure and BUSiness Conflict 0' Interest "'crms INTERESTS IN REAL PROPERTY Form 3 Describe all beneficial Interests In real property held or acquired by you. your spouse. or a dependent child dUring the calendar year within the area crosshatched on the map attached to Ordinance 02-1322. For more Information see INSTRUCTION GUIDE When reporting Information about a dependent child s actIVIty. Indicate the child about whom you are reporting by prOViding the number under which the child IS listed on Form 1. 1 HELD OR ACQUIRED BY 10 ;:ILER o SPOUSE o DEPENDENT CHILD j ;:: DESCRIPTION Lot City __ nn_ -------- - ~--------. _._-- -~-~ -----------. .-.. ---- Block -- - County -.- Subdivision - -. _ ~u_ -. Ad Valorum Tax Account Number -~--_. ---.--. ---- --- __ Acres and I ract ___n ____ _________ 3 STREET ADDRESS STREET ADDRESS INCLUDING CITY. COUNTY, AND STATE o NOT APPLICABLE LIST THE N,"'MES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTIT!ES 4 NAME WHICH OWN AN INTEREST IN THE REAL PROPERTY 0 iNDIVIDUAL o BUSINESS HELD OR ACQUIRED BY D FILER D SPOUSE D DEPENDENT CHILD 2 DESCRIPTION Lot _____u. --. ---- --- ----~------- City________ .. ___.___.u______n.__ _ __on. _ Block County Subdivision Advalorum Tax Account Number Acres and Tract :3 STREET ADDRESS STRFFT AnnRFSS IN(:J liniNG CITY C(JIINTV ANn $TATE' o NOT APPLICABLE oj NAME L Sf THE NAMES AND ADDRESSES OF OTI-"ER PERSO"'S OR BUSI"'ESS ENTiTIES I w!--~c.... OWN A~i INTEREST i~, THE REAL PROPERTY o INDIVIDUAL o BUSINESS COPY AND ATTACH ~DDITIONAL PAGES AS NECESSARY INITIAL HERE , DATE 'i 1VUO~ (1.-J City 0' ColIl'vville Financial Disclosure and Business Con~lict cf Interest Forms Gifts Form 4 Idenlify any person or organization that has given a gift worth more than 5250 to you. or those under your financial control as defined In Oldlnace 02-1322. Do not Include: 1) expenditures required to b€ reported by a person required to be registered as a lobbyist under Government Code. Chaprer 305, 2) politk:al contributions reported as reqUIred by law. or 3', gifts given by a person related to the recipient within the second degree by consanguinity or affinity. When reporting information about a dependent child's activity. indicate the child about whom you are reporting by pr. vidlng the number under which the child is listed on Form 1. RECiPiENT o FILER o SPOUSE RECIP!ENT o "ILER .., ~ >JAM[ A >Jf, AnnRE.<:<: DONOR 3 DESCRIPTION OF GIFT o DEPENDENT CHILD DONOR DESCRIPTION OF GIFT RECIPIENT o SPOUSE o DEPENDENT CHILD "MAE A~'D ADDRESS DONOR DDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE q ;,1 ~.ttGO; Cltv 01 Colleyville Financial Disclosure and Busmess Ccn~hct c' Interest "arms BOARDS AND EXECUTIVE POSITIONS Form 5 This section IS for information concerning executive posl1ions and directorship held by you or those under your financial control. For more Information see INSTRUCTION GUIDE When reporting information aoout a dependent chiids activity, Indicate the child about whom you are reporting oy proviolng the number under ",,'hich the child is hsted on Form 1. POSiTION HELD BY o FILER o SPOGSE o DEPENDENT CHiLD POSITION HELD BY ADDRESS 2 ORGANIZATION D NON "'ROFIT o CHARITABLE ASSOCIATION o BUSINESS ASSOCIIl.TION 3 POSITION HELD POSITiON HELD BY D"ILER ORGANIZATION o NON PROFIT o CHAntTABLE ASSOCIATION o BUSINESS ASSOCIATION POSITION HELD D SPOUSE D DEPENDENT CHILD ORGANIZATION COpy AND ATTACH INITIAL HERE: DATE: ~ ~1 ~..~() ~ TlONAL PAGES AS NECESSARY Financial Disclosure and Business Ccn4ICt 0' Interest "'crms BANKRUPTCIES Form 6 Individuals shall disclose any bankruptcy petition by or against the Individual. their spouse. a business entity in which the individual owned a beneficial interest of 10"0 or more. or a business l:!ntity In which thl:! Individual wa~ an offlcl:!r or director of the business entity at the ltme of bankruptcy filing. For more information see INSTRUCTION GUIDE 1 TYPE OF BANKRUPTCY fONE o PERSONAL o B~SINESS ON,'A NAME ;:> CHAPTER 07 011 013 3 IF CHAPTER 7 DID YOU RECEIVE A DISCHARGE DYES DNO 4 IF CHAPTER 11 OR 13 DID YOU COMPLETE A SUCCESSFUL REORGANIZATION DYES ONO Misdemeanor Involving Moral Turpitude and Felonies Individuals shall disclose any information which charges a misdemeanor involving moral turpitude. a felony indictment. conviction of a misdemeanor invoiving moral turpitude or conviction of a felony of the individual or of a business entity in which the individual had a 10% or more beneficial interest or where the individual was at the time of the fHing or conviction an officer or director of the business entity. 1 NAME Business or Entity Charged o PERSONAL BUSINESS 2 TYPE OF INDICTMENT or INFORMATION - NATURE OF OFFENSE .\ DISPOSITION OF INDICTMENT or INFORMATION DDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: tq /1 ~OG Citv Of Collevville Financial Disclosure and Business Con'hot 0' Interest corms INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 OR OTHER BUSINESS ASSOCIATIONS Describe all Interests In business entities held or acquired by you or those under your financial control as defined In Ordinance 02-1322. For an explanation of "benefi\.;ial interest" and other specific directions 10r cumpletlng ttH~ section see INSTRUCTION GUIDE. When reporting Information about a dependent child s activity. indicate the chiid about whom you are reporting by providing the number under which the child IS listed on Form 1. 1 HELD OR ACQUIRED BY o FILER ~POC;SE o DEPENDENT CHILD 2 DESCRIPTION N~ME ~NC ADDRess if p .A~'h A .LA ;1-( ~5 td&-<- I....... ~ 2 NATURE OF BUSINESS (j . ~ /'I..Ld ~ ~ HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD DESCRIPTiON NAMe A~~u ADDRESS NATURE OF BUSINESS HELD OR ACQUIRED BY o "ILER o SOQUSE o DEPENDENT CHILD DESCRIPTION "lAME AND ADDRess NATURE OF BUSINESS COPY AND ATTACI;t ADDITIONAL PAGES AS NECESSARY .... - INITIAL HERE: ~ D DATE: q/'~~ City of Collevville Financial Disclosure and Business Conflict c" Interest "oem:' PERSONAL FINANCIAL STATEMENT Form 8 AFFIDAVIT The Ordinance 02-1322 requires that the disclosures in the Financial Disclosure and Business Conflict of Interest Forms be verified. The verification page must have the signatures of the Financial Disclosure and Business Conflict of Interest Forms. as well as the signature and seal of a notary public. Without proper verification. the statement IS not considered filed. Falsification of information is subject to criminal prosecution under state penal code. Before me. the undersigned authority, personally appeared _~ ~ who after being duly sworn upon their oath deposed and stated as follows: "My name is _~~ _ and I hereby submit for filing pursuant to Ordinance No. 0-02-1322 of the City of Colleyville, the attached Financial Disclosure and Business Conflict of Interest Forms. I have personal knowledge of a1l information contained in said forms and all information contained in the forms is true and correct." "Further. all of the information contained in the forms is complete. There is no information that has been withheld or not disclosed which is responsive 10 or required 10 be disclosed by the forms." fl Sworn to and subSCribed betore me. this the II ~ day at S'~~~,.. ,2003. .$. ....;;# SHERRY CARTER MY CCWMISiION EXfIIIU March 05, 2005 ~~"ta.~ I Notary Public State of Texas INITIAL HERE: DATE q" / b"" RESOLUTION R-04-2373 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION WHEREAS, three (3) positions on the Planning and Zoning Commission have expiring terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints the following persons to serve a two year term, effective this date, and expiring September 2005: AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2004, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor COLLEYVILLE TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES JANUARY 12, 2004 The meeting was called to order at 7: 1 0 PM. TSA TF Members in attendance: Rich Hendler - Council Liaison Angela Davis Steve McKnight Bill Hodges Brian Leding John Young - Chief of Police Mrs. Janet Cameron and son Joey were also in attendance. Chief Young briefed the committee on the background and history of the TSATF as well as responsibilities. DISCUSSION ITEMS: Update School Zone Modifications - Chief Young briefed members concerning the status of the school zone modifications required by the new MUTCD rules. All zones have been modified to comply with the new rules. Some minor modifications to signage and lights are still in progress. Discussed the standardization of school zone times times. Discussed the option of placing lights in zones that do not currently have lights. Discussed the update to the existing school zone ordinance Motor Assisted Scooter Ordinance - Chief Young briefed the committee concerning the proposed ordinance addressing the use of motor assisted scooters in Colleyville. The committee discussed additional modifications that might be Considered - Age restrictions, Operated during daylight hours. Mrs. Cameron expressed concern that if the ordinance passed as written her son would not be able to ride his scooter in their neighborhood because there are no sidewalks. The TSA TF supports the proposed ordinance and will attend the next City Council meeting and public hearing. ADJOURNMENT: Meeting adjourned at 9:10PM COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES March 8, 2004 I. CALL TO ORDER - The meeting of the Colleyville Public Library Board was called to order at 7:05 p.m. ROLL CALL - Members present: Chair Pat Jones, Mary Alice Rippe, Nancy Eytcheson, Richard Roxburgh, Susan Barzelay and Carol Wollin. Members absent: Gary Taraba. Alternates present: Dennis Healy and Mary Ann Nicholson. Ex-Officio Members absent: Mayor Joe Hocutt, Dr. Kevin Singer, Dr. Larry Darlage, Ret Stansberger and Steve Banta. Council Liaisons present: Mayor Pro Tem Ginny Tigue. Staff present: Mary Rodne and Dianne McWethy. II. Approval of February 9, 2004 Minutes - A motion was made by Mary Alice Rippe and seconded by Dennis Healy to approve the February 9, 2004 minutes. Motion approved. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Mary Rodne distributed Colleyville Public Library Usage Statistics through February 2004 for review and discussion. In February, she reported that patrons had checked out 5,981 items, that around 564 Colleyville residents had registered for Library cards, that library patron visits totaled 5,548 and that 648 had attended February programs. b. Donations Library Director Mary Rodne provided an overview of February donations to the Library. Donations included: $97.30 from the DFW Mid-cities Provisional Group for the purchase of Black history materials in honor of Black History Month, $1,100.00 from the Colleyville Lions Club for the purchase of large-print materials, and $65,000.00 from the Colleyville Public Library Foundation for library materials and programs. Director Rodne also reported that all of Colleyville's materials had been moved from the Grapevine Library on February 13, 2004, and that Richard Myers of Capital Reality Corporation had generously donated staff time to pack the books and funding to move the materials to Colleyville. c. Programs Director Mary Rodne presented highlights of Library programming during the month of February, and reported that Library Preschool Story Hours continued to be well received. She noted that on February 18, 2004, the Colleyville Elementary School kindergarten classes had visited the City Hall and Library. Library staff presented programs and gave tours of the Library. The children checked out materials with their new library cards and used the Library's computers. Rodne added that the event had gone very well and that around 107 had visited from the School. d. Lone Star Library Grant Director Mary Rodne reported that the Library had received the Lone Star Grant monies in the amount of $2, 878 and that the Grant funding would be used to hire a professional cataloger to assist with the cataloging of new materials and items brought from Grapevine. IV. NTRLS System Assembly Meeting Report Chair Pat Jones reported that she had attended the North Texas Regional Library System, Inc. meeting held on February 18, 2004 at the Brookside Center in Hurst, Texas, and presented highlights of the session. She noted that the budget presentation was the main agenda item. V. DISCUSSION OF REVISED COVENANT CHRISTIAN ACADEMY STUDENT PAINTING DONATION PROPOSAL Deputy City Manager Dianne McWethy provided an overview of the meeting on February 19, 2004, with representatives from the Covenant Christian Academy, and reviewed the revised donation proposal submitted by the Academy. Discussion ensued. A motion was made by Mary Alice Rippe and seconded by Carol Wollin to accept the revised donation proposal. Motion approved unanimously. It was noted that this recommendation would be presented to the City Council for final approval at the April 6, 2004 meeting. It also was requested that the Colleyville Public Library Donation Policy be placed on the April 12, 2004, Board agenda for review. VI. DISCUSSION OF LONG-RANGE PLANNING a. Staffing levels and hours of service of area libraries Director Mary Rodne distributed staffing levels and hours of operation statistics of area libraries. Discussion ensued on comparison of the Colleyville Public Library to Keller and Southlake Public Libraries. VII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Carol Wollin presented a report of Friends activities to the Board. She gave an update on An Evening with H.W. Brands scheduled Tuesday, March 9, 2004, at the Colleyville Heritage High School, at 7:00 p.m., and the Friends of the Library Who Wants to be a Millionaire event scheduled April 30, 2004 at the Colleyville Center from 11 :00 AM - 1 :30 PM. Wollin reported that the Friends had been featured in the FOLSA Monthly Newsletter and on their website. She also noted that the GCISD Video Festival was going to be held at the Library on March 30, 2004. VIII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Mayor Pro Tem Tigue gave an update on the activities of the Foundation and noted that the next meeting of the Foundation would be held on April 5, 2004. She reported that the Foundation had given $65,000. to the Library during the February 17, 2004, City Council Meeting, and that the Foundation Board was continuing to work on the Opening Day donation plaque and 2004 fund raising activities. IX. SUGGESTED ITEMS FOR FUTURE MEETINGS It was requested that a review of the budget calendar for the City of Colleyville be included as a future agenda item. It was also requested that the procedure for appointing Library Board members be included as a future agenda item. X. ADJOURN: A motion was made by Nancy Eytcheson, seconded by Richard Roxburgh to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8: 15 p.m. Colleyville Historical Preservation Committee Minutes March 9, 2004 1. Call to Order The meeting of the Colleyville Historical Preservation Committee was called to order at 7:07p.m. Members Present - Sammie Bolling, Joe Deupree, Molly Munson, Lila Coley, Gerald Hartman, Jr., and Brenda Miller. Members Absent - Ed Havran, Tommy Taylor, Shirley Schollmeyer, and Nelson Thibodeaux. Staff Present - Deputy City Manager Dianne McWethy and City Council Liaison Jon Ayers. 2. Approval of Minutes of February 10, 2004 Meeting Brenda Miller made a motion to approve the minutes of the meeting of February 10,2004, second by Lila Coley. Motion was approved. 3. Discussion of Recognition for the 50th Year Celebration of the Colleyville Volunteer Fire Department Deputy City Manager Dianne McWethy reported that Fire Chief Mike Johnston has sent Mrs. Hubbard a letter. She will arrive here from New Mexico for the City Council meeting March 16, 2004, at 7:30 p.m. A Proclamation will be presented to Mrs. Hubbard by the City Council to recognize her donation of the original minutes from the first meeting of the volunteer firefighters. 4. Discussion of City of Colleyville's 50th year Anniversary Event Lila Coley reported that she has an appointment Wednesday March, 10, 2004, to conduct an interview with Jim and Dulce Moore to compile an oral history of Jim Moore's mother, Jean Bidault, who was raised in the Bidault home located at Glade and Bluebonnet Drive. Mr. and Mrs. Moore live in the home built by Mr. Moore's grandfather. Lila Coley suggested that Mrs. Frances Fitzgerald, Mrs. Hubbard and Lydia Alholm be included in the list of women to be interviewed for oral histories. 5. Update of Local Historical Marker Application Program Lila Coley inquired as to if the committee had considered putting a marker on the log barn that is currently on Lydia and Roy Alholm's property. Dianne McWethy reported that the Eudaly marker dedication would be scheduled for spring. Brenda Miller reported that her sister-in-law Carol Shull, from Washington, D.C., and Director of the National Historic Preservation, will be speaking May 7, 2004, at a conference in Fort Worth. Mrs. Miller suggested that we might possibly invite her to speak at the dedication ceremony for the Eudaly Marker. Lila Coley suggested that Butch Etheridge be contacted about Opal Ethridge's political history collection. Gerald Hartman, Jr., will contact Mr. Etheridge. 6. Discussion of Preservation of Colleyville's History Lila Coley reported that she visited with Renee Barrow, the owner of the Andy Felps house located on L. D. Lockett Rd. She stated that Renee offered to give the cabinets that were removed from the house to the Historical Preservation Committee. Ms. Coley suggested that someone from the committee might look at the cabinets and see if they could be of use. Lila stated that Renee's long term goal is to open a tea room in the Felps House. She currently caters for the tea room in the Vineyards Antique Mall. 7. Discussion of Historical Preservation Information for the Colleyville Website Deputy City Manager Dianne McWethy reported that Communications Manager Dixie Cawthorne is working with the consultant on designing the new historical website. Sammie Bolling will research the assignments given to the committee members on the local marker information. 8. Update of Historical Preservation Foundation Deputy City manager Dianne McWethy will be meeting with Shirley Schollmeyer on issues regarding the foundation. 9. Adjourn Gerald Hartman, Jr., made a motion to adjourn, second by Brenda Miller. Motion approved. The meeting was adjourned at 7:59 p.m. RESOLUTION R-04-2374 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 4, 2004 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS AND ABSTENTIONS. 2004, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor