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Home My WebLink AboutCity Council-Agenda Packets-3/1/2005 Texas CITY COUNCIL WORKSESSION AND CITY COUNCIL MEETING 100 MAIN STREET MARCH 1, 2005 4:45 P.M. - WORKSESSION EXECUTIVE CONFERENCE ROOM 1. Call to Order 2. Discussion of proposed City Charter Amendments 3. Adjournment 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM PC-1. Discussion of proposed City Charter Amendments and Election PC-2. Update of Economic Development Initiatives PC-3. Discussion of the 2005 Bond Election PC-4. Discussion of the March 1, 2005, City Council regular agenda items REGULAR AGENDA G:45 P.M. - CALL TO ORDER ROLL CALL 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - INVOCATION: Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization (liE CO"), 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 Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS Associate Pastor Eric Vaughan, First Baptist Church PLEDGE OF ALLEGIANCE: Assistant City Manager Paul Frederiksen 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUES - In recognition of service on the Tree Board - Donna Kauffman, David Bowden, Raman Chandler, Peter O'Brien and Chuck Thomas PROCLAMATION - In recognition of Harold "Snuffy" Chancellor's induction into the Texas Rodeo Cowboy Hall of Fame PROCLAMATION - In recognition of Severe Weather Awareness Week - March 6-12, 2005 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2518 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 15, 2005 b. Approval of the minutes of the City Council Worksession of February 7, 2005 c. Approval of a Contract for the purchase and delivery of replacement chairs for the Colleyville Center, using Colleyville Economic Development Corporation funds, in an amount not to exceed $34,807 d. Approval of a donation of trees for Westmont Trail from David Bagwell PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1513 - Approval of an Amendment to Chapter 10 of the Land Development Code regarding Private Streets and Entrance Gates, Case G-04-020 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1514 - Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Rustic Oaks Addition, located at 5512 Valley View Drive West, Case Z-05-005 G. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1515 - Approval of a City-Developer Agreement with ICI Development, LLC, for the Beldon Hollow subdivision 7. READING AND PUBLIC HEARING - Resolution R-05-2519 - Approval of a Waiver of perimeter street improvement requirements on Fry Lane, Case G-05- 007 8. READING AND PUBLIC HEARING - Resolution R-05-2520 - Approval of a Construction Contract with JLB Contracting, LP, for the construction of the McDonwell School Road Paving and Drainage Improvements, in the amount of $802,648 9. READING AND PUBLIC HEARING - Resolution R-05-2521 - Approval of a Resolution of the City Council of the City of Colleyville, Texas, calling an Election to be held on May 7, 2005, in the City of Colleyville, Tarrant County, Texas, for the purpose of submitting to the qualified voters of the City of Colleyville the adoption or rejection of proposed amendments to the existing City Charter; designating the official polling places and appointing election officials; prescribing the form of the ballot; providing for notice of the Election; and providing generally for the conduct of the Election 10. READING AND PUBLIC HEARING - Resolution R-05-2522 - Approval of an Interlocal Agreement with Tarrant County for Improvements to Glade Road, Bransford Road and John McCain Road, in an amount not to exceed $160,000 REPORTS: 11. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - November 15, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - January 3, 2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - January 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 24,2005 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 MARCH 1, 2005 - Reading and Public Hearing - Resolution R-05-2523 ADJOURNMENT: 14. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 25, 2005, at 5:00 p.m. o Cynthia Singleton, TRMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. 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. city of CITY COUNCIL WORKSESSION AND CITY COUNCIL MEETING 100 MAIN STREET MARCH 1, 2005 4:45 P.M. - WORKSESSION EXECUTIVE CONFERENCE ROOM 1. Call to Order 2. Discussion of proposed City Charter Amendments 3. Adjournment 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM PC-1. Discussion of proposed City Charter Amendments and Election PC-2. Update of Economic Development Initiatives PC-3. Discussion of the 2005 Bond Election PC-4. Discussion of the March 1, 2005, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 PRE COUNCIL city Qf CC~n", AGENDA BRIEFING Il'.""S MEETING DATE: 03/01/05 CITY MANAGER '':-~ ITEM#: PC-1 DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of proposed City Charter Amendments and Election This item provides the opportunity for the City Council to discuss the proposed City Charter amendments and Election. PRE COUNCIL eil)' O( cce'" AGENDA BRIEFING It.:-,:,,S MEETING DATE: : ITEM#: ! 03/01/05 PC-2 CITY MANAGER i DEPARTMENT HEAD : FINANCE REVIEW N/A Previous Action: None DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT: Update of Economic Development Initiatives This item provides an opportunity for the Economic Development Manager to present an update of Economic Development Initiatives. Attachments . Memorandum of Economic Development Initiatives MEMORANDUM TO: Mayor and City Council FROM: Scott Welmaker, Economic Development Manager DATE: March 1, 2005 SUBJECT: Update of Economic Development Initiatives Council has requested an economic development update at the first City Council meeting of each month. Some of the initiatives under development since the last report include: . Working with architect to develop the northwest corner of Hardage and 26; . Working with a developer on a 15-20 acre retail project; . Continuing to work with local retailers to develop a "buy locally" campaign to include direct mail and print advertisement; . Delivered Buxton Community ID Phase II pursuit packages to selected retailers; . Working with Buxton on a joint press release; . Beginning follow-up on the pursuit packages, including setting up appointments for the International Council of Shopping Centers conference in May; . Working with GIS to create a Colleyville aerial poster for distribution to developers; . Continuing to work with Town Center developer to create an incentive program to attract two lead tenants to Phase II including developing revenue projection analyses for these two proposed projects; . Forwarded incentive contracts for Town Center prospects to the new City Attorney; . Developed conceptual site plans for Precinct Line property, 121 frontage and Heritage at Glade; . Working with broker to explore development opportunities at Glade Road and Heritage Road - 4 acre project to include retail and office; . Working with ServiStar owners to develop their properties at John McCain and SH26; . Working with a developer who has made an offer for 240 acres at the southwest corner of 121 and Glade including all undeveloped property west of Heritage in the Colleyville City limits; . Continue working with developers to sell the City-owned 1.9 acre tract at Church Street and SH26; . Contacted and provided information to the owner of the tract adjoining the 1.9 acre Church property tract; . Completed a draft for a strategic plan in accordance with recommendations in Resolution R-02-2262 and the goals for FY2005 listed in the City budget. This will be on the March 15 agenda; . Working with City departments to develop a SH26 redevelopment plan; . Working with the Community Development Department to plan redevelopment for the "Thompson Terrace triangle" and other areas which will be impacted by the widening of SH26; . Ongoing development of contacts with commercial real estate agents including membership in North Texas Commercial Association of Realtors, International Council of Shopping Centers, CIBnet and Commercial Real Estate Women; . Ongoing work with the Community Development Department to evaluate proposed commercial projects; . Continuing to contact prospective tenants and developers and developing a list of businesses for targeted marketing; . Ongoing participation in groundbreakings, ribbon cuttings and grand openings of Colleyville businesses; . Continuing to meet Colleyville small business owners and operators; . Ongoing participation in Leadership Colleyville; . Awarded Certified Economic Developer recertification through June 2008; . Continuing as the City's ambassador as a board member of the Colleyville Area Chamber of Commerce and ArtsNET and providing updates to citizens through public speaking engagements at civic clubs. PRE COUNCIL city or CCe", AGENDA BRIEFING Il:X.,S - MEETING DATE: 03/01/05 CITY MANAGER : t'~ . co- ITEM#: PC-3 DEPARTMENT HEAD FINANCE REVIEW : N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the 2005 Bond Election This item provides the opportunity for the City Council to discuss the 2005 Bond Election. PRE COUNCIL ell)' O{ CCe'" AGENDA BRIEFING lex.,s ITEM # : 03/01/05 PC-4 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None MEETING DATE: : i DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the March 1, 2005, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. CITY COUNCIL cil)' 01 CCen", AGENDA BRIEFING Ie:... ,,$ MEETING DATE: ITEM#: RESOLUTION #: 03/01/05 1 N/A CITY MANAGER : DEPARTMENT HEAD I FINANCE REVIEW i N/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 D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda 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 Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard CITY COUNCIL cce'" AGENDA BRIEFING 1<.';-.:<,\$ MEETING DATE: ITEM#: RESOLUTION #: 03/01/05 2 N/A CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW i 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 PRESENT A TIONS PLAQUES - In recognition of service on the Tree Board - Donna Kauffman, David Bowden, Raman Chandler, Peter O'Brien and Chuck Thomas PROCLAMATION - In recognition of Harold "Snuffy" Chancellor's induction into the Texas Rodeo Cowboy Hall of Fame PROCLAMATION - In recognition of Severe Weather Awareness Week - March 6-12, 2005 Presented to DONNA KAUFFMAN In Appreciation for Dedication and Service on the Colleyville Tree Board 1998-2005 Presented to DAVID BOWDEN In Appreciation for Dedication and Service on the Colleyville Tree Board 2002-2005 Presented to RAMAN CHANDLER In Appreciation for Dedication and Service on the Colleyville Tree Board 2004-2005 Presented to PETER O'BRIEN In Appreciation for Dedication and Service on the Colleyville Tree Board 2003-2005 Presented to CHUCK THOMAS In Appreciation for Dedication and Service on the Colleyville Tree Board 2002-2005 . WORKSESSION cc~n@ AGENDA BRIEFING "'L~X,,:i ; I~~ MEETING DATE: 03/01/05 CITY MANAGER ITEM#: 2 DEPARTMENT HEAD , FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of proposed City Charter Amendments This item provides the opportunity for the City Council to discuss the proposed City Charter amendments. HOME RULE CHARTER for the C I T Y 0 F C 0 L LEY V ILL E, T E X A S 1 Preamble We, the citizens of Colleyville, Texas, in order to establish a Home Rule municipal government, provide for the future progress of our City, and obtain more fully the benefits of local self-government, do hereby adopt this Home Rule Charter in accordance with State law the Statutes of the State of Texas and do hereby declare the residents of the City of Colleyville in Tarrant County, Texas, living within the legally established boundaries of said City, to be a political subdivision of said City, to be a political subdivision of the State of Texas, incorporated forever under the name and style of the "City of Colleyville" with such powers, rights, authorities, privileqes, obliqations and immunities and duties as are herein provided. ARTICLE I FORM OF GOVERNMET AND BOUNDARIES Section 1.01 Form of Government: The Municipal Government provided by this Charter shall be known as the "Council- Manager Government". Pursuant to its provisions, and subject only to the limitations imposed by the State Constitution, State law the Statutes of this State, and by this Charter, all powers of the City Council shall be vested in an elective City Council, hereinafter referred to as the "City Council". , which shall enact local legislation, adopt budgets, determine policies, and appoint the City Manager, who in turn, shall be held responsible to the City Council for the execution of the laws and the administration of the government of the City. All powers of the City shall be exercised in the manner prescribed by this Charter, or, if the manner be not prescribed, then in such manner as may be prescribed by Ordinance, Resolutions, the State Constitution, or by State law Statutes of the State of Texas. Section 1.02 Boundaries of the City: The Inhabitants of the City of Colleyville, Tarrant County, Texas, residing within its corporate limits, as heretofore or hereafter established, are hereby constituted and shall continue to be a municipal body politic and corporate, in perpetuity, under the name of the "City of Colleyville" with such powers, privileges, rights, duties, authorities, and immunities, as are herein provided. The boundaries of the City of Colleyville shall be those of the City of Colleyville as of the 6th day of November, 1976 (See Exhibit "/\). ,which boundaries are more fully set out and described by metes and bounds. These are on file in the Office of City Secretary. Section 1.03 Boundary Adjustment Extonsion of Boundarios: The corporate limits of the City of Colleyville may hereafter be extended by Ordinance passed and adopted by the City Council after publication of such notices and holding of such public hearings as are required by law. The City Council shall have the power by 2 ordinance to fix the boundaries of the City and to provide for the alteration or the extension of said boundaries, pursuant to State law now or hereinafter enacted where the same is not inconsistent with State law. ARTICLE II POWERS OF THE CITY Section 2.01 General Powers Adopted: The City of Colleyville may exercise all powers that nmv are or hereafter may be granted to municipalities by the Constitution or the la'A's of the State of Texas. All such pO'.vers, whether expressed or implied, shall be exercised and enforced in the manner prescribed by this Charter, and when not prescribed herein, in such manner as may be provided by ordinance or resolution of the Council of the City of Colleyville. The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such pmvers, it is intended that the City of Colleyville shall have and may exercise all powers of local self government, and all powers enumerated in Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, of 1925, and amendments thereto and hereafter enacted, or any other pmNers 'Nhich under the Constitution and laws of the State of Texas, it 'Nould be competent for this Charter specifically to enumerate in so far as those powers are not limited by this Charter. The City Council shall have the powers, functions, riqhts, privileqes and immunities of every name and nature, that are now or hereafter may be qranted to a Home Rule City by the Constitution and State law, toqether with all implied powers necessary to carry into execution all such powers qranted. Amonq such powers, the City Council shall have police powers, the power to adiust boundaries, to contract and to co-operate with the qovernment of any state or any aqency or subdivision thereof, or with the federal qovernment or any aqency thereof to accomplish any lawful purpose. The City may use a corporate seal; may acquire property within or without its corporate limits for any municipal purpose in fee simple, or in any lease interest or estate by purchase, qift, devise, lease, exchanqe, condemnation, and subiect to the provisions of this Charter, may sell, lease mortqaqe, hold. manaqe, improve, exchanqe and control property as may now or hereafter be owned by it; may sue and be sued; may furnish municipal services, both within and without its corporate limits; may implead and be impleaded in all courts and places and in all matters whatever; may provide for the expenditure of public funds for a retirement system, qroup health, life and accident insurance coveraqe, and surety bonds for City employees or officers; may pass ordinances, resolutions, and enact such requlations as may be expedient for the maintenance of qood qovernment. order and peace of the City and the interest. welfare, health, morals, comfort, safety, security and convenience of the City for its inhabitants consistent with the provisions of this Charter. The enumeration of particular powers of this Charter shall not be held or deemed exclusive, but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers. The City Council shall have and may 3 exercise all powers of local self qovernment and all powers which under the Constitution and State law would be competent for this Charter to specifically enumerate. Section 2.02 Eminent Domain: The City shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the Constitution or State law of the State of Texas. The power of eminent domain hereby conferred shall include the right of the City to take the fee title and easement interests in the lands so condemned and such power and authority shall include the right to condemn, for any municipal or public purpose. The City shall have the power through eminent domain proceedings to acquire any public utility operating with or without a franchise, and furnishing a public service to the citizens of Colleyville. +Re procedure to be used in the acquisition of such property through eminent domain proceedings shall be that as set forth in Article 3261 through Article 3271, inclusive, Title 52 Revised Civil Statutes of the State of Texas. In valuing the property of the public utility to be acquired by the City through eminent domain proceedings, the measure of damages shall be the fair market value of the physical properties together with its franchise, if any, taken together as one (1) system. Section 2.03 Establishment and Control of Public Property: The City of Colleyville shall have the power to layout, establish, open, alter, widen, lower, raise, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof; require the removal from streets, sidewalks, alleys, and other public property or places of all obstructions and encroachments of every nature or character upon any of said streets and sidewalks, and the power to regulate, control and/or prohibit the moving of any type of objects over, along, or upon, under or across streets, alleys, sidewalks, parks, squares, public places and bridges, of every kind and character in such places and at such time as public need shall dictate. Section 2.04 Street Development and Improvements: The City shall have the power to develop and improve, or cause to be developed and improved, any and all public streets or ways within the corporate limits of the City by laying out, opening, narrowing, widening, straightening, extending, lighting, and establishing building lines along the same by purchasing, condemning, and taking property therefore; by filling, grading, raising, lowering, paving, repaving and repairing in a permanent manner, the same, and by constructing, reconstructing, altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts and other appurtenances and incidentals in connection with such development and improvement authorized hereinabove, or any combination or parts thereof. The cost of such development and improvement may be paid partly by assessments levied as a lien against the property abutting thereon and against the owners thereof, subject, however, to the limitations imposed by State law Article 1105b, Section 8, Vernon's Annotated Civil Statutes of Texas, as amended. Such assessments may be levied in any amounts and under any procedures not prohibited by State law haw, but 4 such assessments may not be levied in excess of thirty-three and one-third percent (33 1/3%) of the costs of such improvements for property abutting one side of said street or public way, or sixty-six and two-thirds percent (66 2/3%) of the cost of such improvements for property abutting both sides of said street or way. In no case shall any property owner be assessed in excess of the cost of like improvements or repairs for a two (2) lane Collector Street as defined by City Ordinance. Provided, however, that v.'henever the City undertakes developing, improving and paving of public streets, sidev.'alks, alleys, highways, and other public ways within its corporate limits, the City shall not have the power and authority to assess property abutting the streets to be developed, improved, or paved, without the approval of sixty percent (60%) of the abutting property owners. The City shall have any additional powers not in conflict '.\'ith this Section, as enumerated in Article 11 05b of Vernon's Annotated Civil Statutes of Texas, as amended. ARTICLE III THE GOVERNING BODY Section 3.01 Number, Selection, Term: The Legislature and Governing Body of the City shall consist of seven (7) six (6) members; six (6) five (5) City Council Persons elected by place number and a Mayor, all members to be elected from the City at large, and shall be known as the 'City Council of the City of Colleyville'. Upon the adoption of this Charter, the title of each incumbent ^Iderman shall be changed to Council Person. The City Council Persons and Mayor shall be elected under the general provisions provided by Article IV of this Charter for three (3) two (2) year terms. The three (3) two (2) year terms shall be staggered so that Council Persons from Place 1 and 2 at large and the Mayor and City Council Persons from Place 1 and 2 and the Mayor shall be elected ono (1) year one (1 ), aM City Council Persons from Places 3 and 4 shall be elocted the following year. elected year two (2), and City Council Persons Place 5 and 6 shall be elected year three (3). Each of the City Council Persons and Mayor, unless sooner removed under the provisions of this Charter or State law, shall hold office until his successor is elected and duly sworn. Positions for members of the City Council shall be for Mayor and Places 1 throuqh 6. Commencinq with the reqular municipal City Council election of 2006, positions for Places 3 and 4 shall be elected for a term of two (2) years and City Council Persons for Places 5 and 6 shall be elected for a term of three (3) years. Commencinq with the reqular municipal election of 2007, positions for Mayor and City Council Persons for Places 1 and 2 shall be elected for a term of three (3) years. Commencinq with the reqular municipal election of 2008, City Council Persons for Places 3 and 4 shall be elected for a three (3) year term. Thereafter, the Mayor and each member of the City Council shall be elected for a three (3) year term. Terms Regular terms of office shall commence at the beginning of the first regular 5 meeting of the City Council following the canvass of the election as provided by Article 4. Section 3.02 Qualifications: Each candidate for membership and each member of the City Council shall be and remain: (A) A resident of the City of Colleyville and shall have been a resident for a period of not less than twelve (12) months immediately preceding their election or a resident of any territory not formerly within the corporate limits of the City but which is annexed under the provisions of this Charter for twelve (12) months preceding their election; (B) A qualified voter of the State of Texas and the City of Colleyville; (C) Not financially delinquent indebted to the City. If any member of the City Council fails to maintain the foregoing qualifications, or shall fail to maintain the seventy-five percent (75%) attendance record for all regularly scheduled meetings, as specified in Section 3.09 hereof, during each elected year, or shall be convicted of a felony or offense involving moral turpitude, the City Council shall declare a vacancy in the office of that member of the City Council at its next regular meeting and shall fill the vacancy as set forth in this Charter. (Amended April 7, 1984) Section 3.03 City Council to Be the Judge of Election Qualification: The City Council shall be the judge of the election and qualification of its own members. Section 3.04 Compensation: The Mayor and City Council Persons shall not receive a salary, but shall be entitled to actual and necessary expenses incurred in the performance of their specific official duties of the office. Section 3.05 Vacancies: A single vacancy in the City Council shall be filled within thirty (30) days of the occurrence of the vacancy by a majority vote of the remaining members of the City Council by selection of a person qualified for the position as described in this Charter. This appointee shall serve until the position can be filled at the next regular or special City election as provided by law. However, if such vacancy occurs within one hundred twenty (120) days of a regular election, then no election shall be called to fill the vacancy, and the remaining City Council members shall appoint a qualified person to fill the vacancy until the regular election. Notwithstanding the requirement in Section 3.09 that a quorum of the City Council consists of four (4) members, if at any time the membership of the City Council is reduced to less than four (4), the remaining members may by majority action appoint additional 6 members to raise the membership to four (4). These appointees shall serve until the positions can be filled at the next regular or special City election. Section 3.06 Mayor and Mayor Pro Tem: The Mayor shall preside at all meetings of the City Council and shall vote on all issues. The Mayor, except as provided in 3.07tai. shall vote only in case of a tie of the Council, and shall have veto pmver. sign all contracts and conveyances made or entered into by the City, and all bonds issued under the provision of this Charter, and shall be the official representative of the City. The Mayor shall be recognized as the official aqent of the City by the Court for the purpose of serving civil process. (Amended April 7, 1984) b. Election of Mayor Pro Tem: Immediately following the final swearing in of all members elected in accordance with Section 4.02 of this Charter, the new City Council shall in its first regular meeting, elect from among its members a Mayor Pro Tem who shall serve for the term of one (1) year. (Amended April 7, 1984) G;- The Mayor Pro Tem shall, in the absence of the Mayor, preside at all meetings of the City Council and shall vote on all issues before the City Council. The Mayor Pro Tem shall have no veto power, but shall perform all other duties of the Mayor during the absence or disability of the Mayor. (Amended April 7, 1984) d. Emergency Powers of the Mayor: In time of danger or emergency, the Mayor may take command of the Police and govern the City by proclamation and maintain order and enforce all laws. Section 3.07 Powers of the City Council: All powers and authority granted to the City by the Constitution of the State of Texas shall be vested in the City Council, except as otherwise provided by State law or this Charter. The City Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the City by State law and this Charter. In addition to the provisions set forth in Section 3.06, the City Council shall have the power to authorize the City Manaqer to siqn a specific contract or expenditure; provided, however, the City Manaqer shall not be authorized to siqn any bonds issued under any provisions of the Charter. Section 3.08 Forfeiture of Elected Office Prohibitions: (A) Except where authorized by State law. a Mayor or City Council Person shall: (1) Resiqn their current office at the time of filinq for another elected position if their term extends past the beqinninq of the position souqht: (2) Not hold any compensated appointive City office or employment with the City durinq the term for which elected: and (3) Not hold any compensated appointive City Office or employment with 7 the City until one (1) year after the expiration of the term for which elected. A. Holding other office: Except 'Nhere authorized by ~ law, no Mayor or Q!!y Council Person shall hold any other City office or employment by the City during the term for which he '.'Vas elected to the Q!y Council, and no former Mayor or Q!!y Council Person shall hold any compensated appointive City Office or employment until one (1) year after the expiration of the term for which he was elected. (B) Appointments and/or removals of City employees. The members of the City Council shall in no way dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his subordinates are empowered to appoint, unless otherwise provided in this Charter. The Council, by at least four (1) affirmative votes, in public session, may require the City Manager to remove any employee for cause. (C) Interference with Administration. Except for the purpose of inquiries and investigations by the direction of the City Council, unless provided otherwise in this Charter, the City Councilor its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately, except in a state of declared emergency. (D) Admission of liability. Neither the City Council nor its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. E. Resignation of elected official: ^ny elected official seeking election to any other elected position must resign his current office at time of filing, if his elected term extends past the beginning of the position sought. Section 3.09 Meetings and Rules of Procedure: (A) Meetings of City Council. City Council meetings shall be held at the City Hall or such place within the City of Colleyville that the City Council shall direct. The City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. In the event of a lack of a quorum at a regularly scheduled meeting, the meeting shall be opened and the roll call taken, aAG recorded and adiourned until the reqular or called special meetinq. Special meetings may be held on the call of the Mayor or four tRfee H1 ~ members of the City Council at the place within the City of Colleyville designated in the public notice. All meetings shall be held and public notice thereof given as required by State law the State of Texas, as nO'.v or hereafter amended. (Amended November 7, 1995) (B) Minutes and Rules. The City Council shall determine its own rules and order of business, and shall provide for keeping minutes of its proceedings and post 8 copy on the City Bulletin Board until the next meeting. The minutes shall be a public record. (C) Quorum and Voting. Four (4) votinq members of the City Council shall constitute a quorum. Votinq, except on procedural motions, shall be by roll call and the "ayes" and "nays" shall be recorded in the minutes. The Mayor and every City Council Person shall vote on all issues unless there is a declared and recorded statutory conflict of interest. If because of a statutory conflict of interest a member steps down and remains in the Chamber to return after the item is resolved, then a quorum will be considered in attendance even thouqh only three (3) City Council Persons are left to vote. However, no action shall be approved with less than four (4) affirmative votes. If durinq the course of a meetinq a quorum ceases to exist. the meetinq shall be deemed adjourned and no further business shall be conducted. (Amended April 7, 1984) Voting, except on procedural motions, shall be by roll call and the "ayes" and "nays" shall be recorded in the minutes. Every Council Person shall vote on all issues unless there is a declared and recorded conflict of interest. Four (1) voting members of the Council shall constitute a quorum. ,hO'w'..ever, no action shall be approved with less than three (3) affirmative votes. If during the course of a meeting a quorum ceases to exist, the meeting shall be deemed adjourned and no further business shall be conducted. HO'w'..e'ler, if because of a conflict of interest a member steps down and remains in the Chamber to return after the item is resolved, then a quorum will be considered in attendance even though only three (3) Council Persons are left to vote. (Amended April 7, 1981) Section 3.10 Investigation by the City Council: The City Council, by majority vote, shall have authority to inquire into the conduct of any office, department, agency, City Council member, officer or employee of the City, and to make investigations as to municipal affairs, and for that purpose the City Council shall have the power to authorize the Mayor to subpoena witnesses, administer oaths, and compel production of books, documents, or other evidence. Failure to obey such subpoena or produce books, documents, or other tangible evidence as ordered under the provisions of this Section shall constitute cause for removal from office and/or dismissal from employment in accordance with the provisions of Section 3.08 B of this Charter. (Amended April 7, 1984) Section 3.11 Ordinances in General: The City Council shall legislate by ordinance, and the enacting clause of every ordinance shall be, "Be it ordained by the City Council of the City of Colleyville." The City Attorney shall a4Ase-approveapprove as to legality of all ordinances and resolutions and their compliance with the Charter. all ordinances prior to final action by the City Council. Every ordinance enacted by the Council shall be signed by the Mayor or Mayor Pro-Tem in the Mayor's absence, and shall be filed with and recorded by the City Secretary. All ordinances exclusive of emergency ordinances as defined by Section 3.12, shall be read in open meeting of the City Council at two (2) consecutive regular City Council meetings. The caption only of each proposed ordinance shall be read at the first and second reading, provided, that upon the request of any three twe .@) ~ members of the City 9 Council, the ordinance shall be read in its entirety on either the first or second reading, and further provided, however, that neither metes and bounds descriptions nor national, state, industrial, or uniform codes or manuals shall be read. Tabled ordinances shall be read after beinq removed from the table. Each reading of a proposed or tabled ordinance shall be followed by a public hearing. No final vote of approval or disapproval shall be taken by the City Council until after the second reading and public hearing on each ordinance. The captions of all proposed ordinances shall be posted upon a bulletin board at City Hall established for the purpose of giving notice of City Council meetings not less than seventy-two (72) hours prior to the meeting at which such ordinances are read. (Amended November 7, 1995) Section 3.12 Emergency Ordinances: The City Council may adopt emergency ordinances only to meet public emergencies affecting life, health, property, or the public peace. In particular such ordinances shall not levy taxes, grant or renew or extend a franchise, or attempt to regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of a majority of four (4) or more members the City Council shall be required for adoption. After adoption, the ordinance shall be published as required for other adopted ordinances. Every emergency ordinance so adopted, shall automatically stand repealed as of the sixty-first (61) day following the day on which it became effective, but this shall not prevent re-enactment of the emergency ordinance or as an ordinance in general under Section 3.11. Section 3.13 Resolutions: Any official action of the City Council not authorized by ordinance shall be authorized by resolution. All resolutions shall be read in open meeting of the City Council and shall be followed by public hearing. (Amended April 7, 1984) Section 3.14 'Jeto by Mayor: ^II ordinances and resolutions adopted by the Council shall, before they take effect, be placed in the office of the City Secretary; and the Mayor shall sign those he approves. Such as he shall not sign, he shall return to the City Council 'Nith his 'Nritten objections attached thereto. Upon the return of any ordinance or resolution by the Mayor, the '1ote by which the ordinance or resolution was passed shall be reconsidered. If, after such reconsideration, four (1) Council members 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. If the Mayor shall neglect to approve or object to any such proceedings for a longer period than seven (7) days after the ordinance or resolution is placed in the Office of the City Secretary as aforesaid, the same shall become effective immediately upon publication as required by law. (Amended April 7, 1981) 10 ARTICLE IV ELECTIONS Section 4.01 Laws Governing City Elections: All City elections shall be governed, except as otherwise provided by this Charter, by tRe la\vs of the State law of Texas governing general and municipal elections, so far as tRe laws of the State law may be applicable thereto. In the event there should be any failure of the laws of the State law of Texas or this Charter to provide for some feature of the City elections, the City Council shall have the power to provide for or correct such deficiency. No inf{)rmalities in conducting a City election shall invalidate said election, if If the election is conducted fairly and in substantial compliance with the la',vs of the State law, INhere applicable, and the Charter and ordinances of the City, the election shall not be invalidated. Section 4.02 General Elections: The regular City elections shall be held annually on the first Saturday in May, unless specifically required to be held on another day pursuant to State law, at which time officers shall be elected to fill those offices as required by this Charter. The same shall be conducted and the results canvassed and announced in accordance with the lalNS of the State law of Texas regulating all municipal elections and in accordance with the ordinances and resolutions adopted by the City Council for the conduct of elections. (Amended January 18, 1992) Section 4.03 Special Elections: The City Council may by ordinance or resolution call such Special Elections as are authorized by the la'tls of the State law of Texas or by this Charter, fix the date and place of holding same, and provide all means for holding such Special Election. Section 4.04 Publishing City Elections: It is the responsibility of the City Council to inform the registered voters of the City as to the time, place, date and purpose of any forthcoming City election, and the City Council shall establish such rules and procedures, in addition to those required by State law haw, to adequately inform the qualified voters of the City. Section 4.05 Run-Off Election: In the event that no candidate for a designated office received a majority of all votes cast for that position in the regular or special election, a run off election shall be held as required by tRe State law. Election Code of the State of Texas, Vernon's I\nnotated Civil Statutes, as amended. Section 4.06 Election by Majority: The candidate for each position on the ballot who shall have received the majority of all votes cast for such position shall be declared elected. 11 Section 4.07 Public Disclosure: At the time of filing of a candidate for a City office, the candidate shall deliver to the City Secretary a disclosure statement containing the following information: (A) The location, size, and current use of all property owned within the city or within any contiquous city, or held in trust by the candidate, their spouse, and any dependent minor children, or any business entity in which the candidate has a financial interest. (B) The name and address of any person or corporation which currently has or during the preceding twelve (12) months has had a contractual relationship with the City and from which the candidate, their spouse or dependent minor children have received a fee, salary, or gift of a value exceeding one hundred dollars ($100.00) (C) The name and address of any corporation or business, which currently has or in the preceding twelve (12) months has had a contractual relationship with the City, of which the candidate, their spouse, or any dependent minor children own more that two percent (2%) of the outstanding equity interest or more than two percent (2%) of the assets. (Amended January 18, 1992) Section 4.08 Oath of Office: Every officer of the City, whether elected or appointed, shall, within thirty (30) days of his election or appointment. take and subscribe to the followinq applicable oath or affirmation to be filed and kept in the office of the City Secretary. (A) For elected officers. "I , do solemnly swear (or affirm) that I will faithfully execute the duties of , of the City of Collevville, State of Texas, and will to the best of my ability preserve, protect. and defend the Constitution and Laws of the United States of America and of this State and the Charter, Ordinances and Resolutions of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thinq, or promised any public office or employment. as a reward for the qivinq or withholdinq of a vote at the election at which I was elected. So help me God." (B) For appointed officers. "I , do solemnly swear (or affirm) that I will faithfully execute the duties of , of the City of Collevville, State of Texas, and will to the best of my ability preserve, protect. and defend the Constitution and Laws of the United States of America and of this State and the Charter, Ordinances and Resolutions of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thinq, or promised any public office or employment. as a reward to secure my appointment or the confirmation thereof. So help me God." 12 ARTICLE V RECALL OF OFFICERS BY THE PEOPLE Section 5.01 Scope of Recall: All elected officials shall be subject to recall and removal from office by the qualified voters of the city. IThis change seems confusinq in liqht of the later provision allowinq for CC appointments. Suqqested chanqe would be to replace "All elected officials" with "All members of the City Council"l ,^.ny City official, 'Nhether elected to office by the qualified voters of the City or appointed by the City Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the City. Section 5.02 Petitions for Recall: Before the question of recall of such officer shall be submitted to the qualified voters of the City, a petition demanding such question to be submitted, shall first be signed by the qualified voters of the City equal in number to at least forty percent (40%) of the number of votes cast in the last regular municipal election of the City, and in no event less than five hundred (500) such petitioners. Each signer of such recall petition shall personally sign their name thereto in ink or indelible pencil, using their normal signature. In addition, each signer shall print their name, street address of their residence in Colleyville, voter registration certification number and the day, month and year that their signature was affixed to the recall petition. (Amended April 7, 1984) Section 5.03 Form of Recall Petition: The recall petition mentioned above must be addressed to the City Council of the City of Colleyville, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and if there be more than one (1) ground, such as for incompetence incompetency, misconduct, or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed, notice of the matters and things with which he is charged. The signature shall be verified by oath in the following form: STATE OF TEXAS COUNTY OF TARRANT , being first duly sworn, on oath deposes and says that I am one (1) of the signers of the above petition and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. SWORN AND SUBSCRIBED TO before me this _ day of . 20 .t-9_' Notary Public in and for The State of Texas 13 Section 5.04 Various Papers Constituting Petition: Within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and, if necessary, the City Council shall allow him extra help for that purpose, and he shall attach to said petition a certificate showing the result of such examination. If by the City Secretary's certificate the petition is shown to be insufficient, it may be amended within ten (10) days from the date of said certificate. The City Secretary shall, within ten (10) days after such amendment is filed, in case one (1) is filed with him, make a like examination of said amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing same without prejudice, however, to the filing of a new petition based upon new and different grounds, and not upon the same grounds. (Amended April 7,1984) Section 5.05 Presentation of Petition to the City Council: Within fifteen (15) days after the date of filing of the papers constituting the recall petition, the person performing the duties of the City Secretary shall present such petition to the City Council of the City of Colleyville at a special meeting called for this purpose, or at the next regular meeting of the City Council. (Amended April 7, 1984) Section 5.06 Public Hearing to be Held: The officer whose removal is sought may, within five (5) days after such recall petition has been presented to the City Council, request that a public hearing be held to permit him to present facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held not less than ten (10) days nor more than twenty (20) days after receiving such request for a public hearing. Section 5.07 Election to be Called: If an officer whose removal is sought does not resign, the City Council shall order an election and fix a date for holding such recall election within thirty (30) days of the date of the petition; provided, however, if an election cannot be called within said thirty (30) day period, then the date of the election shall be the first date an election may be called under State law. (Amended January 18. 1992) Section 5.08 Ballots in Recall Election: Ballots used at recall elections shall conform to the following requirements: (A) With respect to each person whose removal is sought, the question shall be submitted: "Shall (name of person) be removed from the office of (name of office) by recall?" (B) Immediately below each such question there shall be printed the following words, one (1) above the other, in the order indicated: 14 FOR the recall of (name of person). AGAINST the recall of (name of person). Section 5.09 Result of Recall Election: If the majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as specified in this Charter. If a majority of the votes cast at such election be for the recall of the person named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as provided in Section 3.05 of this Charter. Section 5.10 Recall, Restrictions Thereon: No recall petition shall be filed against any officer of the City within six (6) months after his election, nor within six (6) months after an election for such officer's recall. Nothing herein shall prevent impeachment of an officer of the City nor removal for other causes as provided for herein. Section 5.11 Failure of City Council to Call an Election: In case all of the requirements of this Charter shall have been met and the City Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge other duties imposed upon said City Council by the provisions of this Charter with reference to such recall, then the County Judge of Tarrant County, Texas, may discharge any such duties herein provided to be discharged by the City Secretary or by the City Council. ARTICLE VI LEGISLATION BY THE PEOPLE, INITIATIVE AND REFERENDUM Section 6.01 General Power: The qualified voters of the City of Colleyville, in addition to the method of legislation hereinbefore provided, shall have the power of direct legislation by the initiative and referendum. Section 6.02 Initiative: The people of the City of Colleyville reserve the power of direct legislation by initiative, and in exercise of such power may initiate legislation by submitting a petition addressed to the City Council, which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the City. Said petition must be signed by qualified voters of the City equal in number to at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, but in no event less than five hundred (500) such petitioners. Each copy of the petition shall have attached to it a 15 copy of the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed as provided in Section 5.02 of this Charter, and shall be verified by oath in the manner and form provided by recall petitions in Section 5.03 of this Charter. The petition may consist of one (1) or more copies as permitted for recall petitions in Section 5.04 of this Charter. Such petition shall be filed with the person performing the duties of the City Secretary and must be certified as required by Section 5.04 of this Charter. At the next regular City Council meeting after the filing of such a petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article III of this Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the question of adopting or rejecting the proposed legislation. However, if any other municipal election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. (Amended April 7, 1984) Section 6.03 Referendum: Qualified voters of the City may require that any ordinance or resolution, with the exception of ordinances or resolutions authorizing the issuance of either tax bonds or revenue bonds, whether original or refunding, passed by the City Council be submitted to the voters of the City for approval or disapproval, by submitting a petition for this purpose within ninety (90) days after final passage of said ordinance or resolution, or within ninety (90) days after its publication. Said petition shall be addressed, prepared, signed, and verified as required for petitions initiating legislation as provided in Section 6.02 of this Charter, and shall be submitted to the person performing the duties of City Secretary. Immediately upon the filing of such petition, the person performing the duties of City Secretary shall present said petition to the City Council. Thereupon the City Council shall immediately reconsider such ordinance or resolution, and if it does not entirely repeal the same, shall submit it to popular vote as provided in Section 6.02 of this Charter. Pending the holding of such election, such ordinance or resolution shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereon. Should the popular vote be to uphold the ordinance or resolution, no other referendum election may be held on the same and/or similar ordinance or resolution within six (6) months. But should the same and/or similar ordinance or resolution be passed by the City Council after invalidation by popular vote, a referendum petition may be filed again as outlined in Article VI of this Charter. Section 6.04 Voluntary Submission of Legislation by the City Council: The City Council, upon its own motion and by a majority vote of its members, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, in the same manner and with the same force and effect as provided in this Article for submission on petition, and may in its discretion call a special election as provided by State law for this purpose. 16 Section 6.05 Form of Ballots: The ballots used when voting upon such proposed and referred ordinances, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE", or "FOR THE RESOLUTION" and "AGAINST THE RESOLUTION". Section 6.06 Publication of Proposed and Referred Ordinance or Resolution: The person performing the duties of City Secretary shall publish at least once in the official newspaper of the City of Colleyville, the notice of special referendum election and the preamble of proposed or referred ordinance or resolution, and shall give such other notices and do such other things relative to such election as are required in general municipal elections or by the ordinance or resolution calling said election. Section 6.07 Adoption of Ordinances or Resolutions by Referendum or Initiative: If a majority of the qualified voters voting on a proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective. as a law or as a mandatory order to the Council. No siqnature of the Mayor shall be required. Section 6.08 Inconsistent Ordinances or Resolutions: If the provisions of two (2) or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number votes shall prevail. Section 6.09 Ordinances or Resolutions Passed by Popular Vote, Repeal or Amendment: No ordinance or resolution which may have been passed by the City Council upon petition or as a result of a popular vote under the provisions of this article shall be repealed or amended for a period of five (5) years, unless there is included in such ordinance or resolution a clause which establishes a lesser period of time in which said ordinance or resolution shall not be repealed or amended, or unless said ordinance or resolution is repealed or amended upon referendum vote or by submission as provided in Section 6.02 of this Charter. (Amended April 7, 1979) Section 6.10 Further Regulations by City Council: 17 The City Council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this Article not inconsistent herewith. Section 6.11 Franchise Ordinances: Nothing contained in this Article shall be construed to be in conflict with any of the provisions of this Charter pertaining to ordinances granting franchises. when valuable rights have accrued thereunder. Section 6.12 Compelling Submission: In the event a court of competent jurisdiction renders a final, nonappealable judgment directing issuance of a writ of mandamus compelling the City Council to comply with the duties imposed upon it by Sections 6.02 or 6.03 of this Charter article the City shall pay the reasonable attorney's fees incurred by the person or persons bringing the action to compel compliance with same. (Amended April 7, 1984) ARTICLE VII ADMINISTRATIVE ORGANIZATION Section 7.01 City Manager: (A) Appointment and Qualifications. The City Council by a vote of not less than four (4) members shall appoint the City Manager for an indefinite term and fix the Manager's compensation. The City Manager shall be appointed solely on the basis of executive and administrative qualifications. The City Manager need not be a resident of the City or State at the time of appointment. The City Manager may not reside outside the City while in office without the approval of the City Council. (Amended April 7, 1984) (B) Removal. The City Manager may be removed from office by a vote of not less than four (4) members of the City Council, including the Mayor. The Mayor shall be entitled to vote on the removal of the City Manaqer. (Amended January 18, 1992) (C) Acting City Manager. By a letter filed with the City Secretary, the City Manager may designate a City officer or employee to exercise the powers and perform the duties of the City Manager during the City Manager's temporary absence or disability. The City Council may revoke the City Manager's designation and may appoint an officer or employee of the City to serve during the City Manager's absence or disability. (Amended January 18, 1992) (D) Powers and Duties of the City Manager. The City Manager shall be the chief administrative officer of the City, responsible to the City Council for the administration of all City affairs placed in the City Manager's charge by or under this Charter. The City Manager shall: (1) Appoint, suspend or remove all City employees and appointed administrative officers in accordance with the provisions of State law, this 18 Charter and the ordinances of the City. The City Manager may delegate to an administrative officer, subject to the City Manager's direction and supervision, the authority to exercise the power to appoint, suspend or remove employees working under the administrative officer; (2) Direct and supervise the administration of all departments, as otherwise provided by this Charter, except as otherv:ise provided by this Charter or by law; (3) Attend all City Council meetings, and participate in the discussion to the extent required by the City Council; (4) Provide for the faithful execution and enforcement of all laws, this Charter, and acts of the City Council; (5) Prepare and submit the annual budget and capital program to the City Council; (6) Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (7) Make such other reports as the City Council may require concerning the operations of the City departments, offices and agencies subject to the City Manager's direction and supervision; (8) Keep the City Council fully advised as to the financial condition and future needs of the City; (9) Make recommendations to the City Council concerning the affairs of the City; (10) Provide staff support services for the Mayor, City Council members, and appointed commissions, boards, and committees; and (11) Perform such other duties as are specified in this Charter or as may be required by the City Council. (Amended January 18, 1992) Section 7.02 City Secretary: The City Manager shall appoint a qualified individual to fill the position of City Secretary, with the approval of the City Council. The City Secretary shall not be appointed for a definite term, but may be removed from office by the City Manager with the approval of the City Council. The City Secretary shall: (A) Give notice of and attend all official public meetings of the City Council; (B) Record the minutes and proceedings of all official public meetings of the City Council; provided, however, that only the title and caption of duly enacted 19 ordinances shall be recorded in the minutes; (C) Act as custodian of all official records of the City Council; (D) Hold and maintain the Seal of the City and affix this Seal to all appropriate documents; (E) Authenticate by signature and Seal, and record in a book kept and indexed for the purpose, all ordinances and resolutions of the City; and (F) Perform such other duties as may be required by the City Manager, the City Council, this Charter, or by tAe State laws of the State of Texas and not inconsistent with other provisions of this Charter. Section 7.03 Department of Police: There shall be established and maintained a Department of Police to preserve order within the City and to secure the residents of said City from violence and the property therein from injury or loss. (A) Chief of Police. The Chief of Police shall be the chief administrative officer of the Department of Police. He shall appoint and remove the employees of said department and shall perform such duties as may be required of him by the City Manager. The Chief of Police shall be appointed by the City Manager with the approval of the City Council for an indefinite term. The Chief of Police shall be fully responsible to the City Manager for the administration of his Department, and for the carrying out and enforcement of the resolutions and ordinances of the City Council. He may be removed from office by said City Manager, 'Nith the approval of City Council. (Amended April 7,1984) (B) Special Police and Reserve Police. No person, except as authorized by general law, by this Charter, or by the ordinances passed pursuant hereto, shall act as a special police officer or reserve police officer. No person holding an elective office may act as a reserve police officer. (Amended April 7, 1984) Section 7.04 Fire Department: There shall be established and maintained a Fire Department to provide means for protection against conflagrations and other disasters and to provide for the maintenance, support, and regulation of a Fire Department and for the guarding against fires. (A) Fire Chief. The Fire Chief shall be the chief administrative officer of the Fire Department. He shall appoint and remove the employees of said department and shall perform such duties as may be required by the City Manager. The Fire Chief shall be appointed by the City Manager with the approval of the City Council for an indefinite term. The Fire Chief shall be fully responsible to the City Manager for the administration of his department, and for the carrying out and enforcement of the resolutions and ordinances of the City Council. He may be removed from office by said City Managen"lith the approval of the City Council. (Amended April 7, 1984) 20 (B) Volunteer Fire Department. Authority is hereby granted to maintain a Volunteer Fire Department. No person holding an elective office may serve as a volunteer fireman. (Amended April 7, 1984) Section 7.05 Department of Public Works: There shall be established and maintained a Department of Public Works to provide and maintain water and sewer services and such other duties as the Council may direct. A Director of Public 'Norks: The Director of Public Works shall be the chief administrative officer of the Department of Public Works. He shall appoint and remove the employees of said department and shall perform such duties as may be required of him by the City Manager. The Director of Public Works shall be appointed by the City Manager 'Nith the approval of the City Council for an indefinite term. The Director of Public Works shall be fully responsible to the City Manager for the administration of his Department, and for the carrying out and enforcement of the resolutions and ordinances of the City Council. He may be removed from Office by said City Manager with the approval of the City Council. (Amended April 7, 1984) Section 7.06 Department of Finance: There shall be a Department of Finance headed by the City Manager or his appointee. The City Manager with the approval of City Council may appoint a deputy director of finance who may be the City Collector of Taxes. (Amended April 4, 1981) Section 7.07 Other Departments, Boards and Commissions: The City Council may abolish or consolidate any office or department except those created by this Charter. The City Council may divide the administration of any such departments as it may deem advisable and may create new departments. The City Council shall create, establish, or appoint, as may be required by State law, circumstances, or this Charter, those Boards, Commissions, and Committees which are deemed necessary to carry out the functions and obligations of the City. The City Council shall prescribe accountability and tenure of each Board, Commission, and Committee where such are not prescribed by State law or this Charter. ARTICLE VIII LEGAL AND JUDICIAL SERVICES Section 8.01 Municipal Court: There shall be established and maintained a court designated as a "Municipal Court in the City of Colleyville", for the trial of misdemeanor offenses, with all such powers and duties as are now or hereafter may be prescribed by State law the laws of the State of Texas relative to municipal courts. All fines imposed by said court shall be paid into the City Treasury for the use and benefit of the City. 21 Section 8.02 Judge of the Municipal Court: The Judge of the Municipal Court shall be appointed by the City Council to serve at the discretion of the City Council. He shall be an attorney licensed and practicing in the State of Texas, and shall receive such salary as may be fixed by the City Council. In case of the disability or absence of the Judge of the Municipal Court, the City Council shall appoint a qualified person to act in his place. Section 8.03 Clerk of the Municipal Court: There shall be a clerk of the Municipal Court to be appointed by the City Manager with the concurrence of the City Council. Said clerk may hold another position of City employment concurrent with, but secondary to and not in conflict with this position. The clerk of the court and deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court, and generally do and perform any and all acts as usual and necessary to be performed by the clerks of courts in issuing process of said courts and conducting the business thereof. Section 8.04 City Attorney: The City Council shall appoint a competent and duly licensed attorney practicinq law in the State of Texas, who shall be the Attorney for the City (and may also be referred to as City Attorney). He shall receive for his services such compensation as may be fixed by the City Council and shall hold his office at the pleasure of the City Council. The City Council may contract with an attorney or with a firm of attorneys who may desiqnate one (1) member of said firm, with City Council approval. to serve as City Attorney. The City Attorney, or such other attorneys selected by him with the approval of the City Council, may represent the City in litiqation. The City Council shall have the riqht to retain special counsel at any time they may deem it appropriate and/or necessary. The City Attorney shall be the leqal advisor of, and attorney and counsel for, the City and all officers and departments thereof and attend all meetinqs as deemed necessary by the City Council. The City Attorney shall review and concur or dissent upon all documents, contracts, and leqal instruments in which the City may have an interest. The City Attorney shall perform other duties prescribed by this Charter, ordinance, or as directed by the City Council. The City Council shall appoint a competent and duly licensed attorney practicing law in the State of Texas, who shall be the Attorney for the City (and may also be ref-erred to as City I\ttorney). He shall receive for his services such compensation as may be fixed by the City Council and shall hold his office at the pleasure of the City Council. The City Attorney, or such other attorneys selected by him with the approval of the City Council, shall represent the City in all litigation. He shall be the legal advisor of, and attorney and counsel for, the City and all officers and departments thereof. The City Attorney shall review and concur or dissent upon all documents, contracts, and 22 legal instruments in which the City may have an interest. The City Council shall have the right to retain special counsel at any time they may deem it appropriate and/or necessary. The City Attorney shall perform other duties prescribed by this Charter, ordinance, or as directed by the City Council. ARTICLE IX MUNICIPAL FINANCE Section 9.01 Fiscal Year: The fiscal year of the City shall begin on the first day of October and end the last day of September of each calendar year. Such fiscal year shall also constitute the Budget and Accounting Year. Section 9.02 Annual Budget: (A) Content. The budget shall provide a complete financial plan of all City funds and activities and, except as required by State law or this Charter, shall be in such form as the City Manager deems desirable or the City Council may require. A budget message explaining the budget both in fiscal terms and in terms of the work programs shall be submitted with the budget. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, with reason for such changes. It shall also summarize the City's debt position and include such other material as the City Manager deems advisable. The budget shall begin with a clear, general summary of its contents, shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year. The proposed budget expenditures shall not exceed the total of estimated income. The budget shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the preceding fiscal year, compared to the estimate for the budgeted year. It shall include in separate sections: (1) An itemized estimate of the expense of conducting each department, division and office. (2) Reasons for proposed increases or decreases of such items of expenditure compared with the current fiscal year. (3) A separate schedule for each department, indicating tasks to be accomplished by the department during the year, and additional desirable tasks to be accomplished if possible. (4) A statement of the total probable income of the City from taxes for the 23 period covered by the estimate. (5) Tax levies, rates, and collections for the preceding five (5) years. (6) An itemization of all anticipated revenue from sources other than the tax levy. (7) The amount required for interest on the City's debts, for sinking fund and for maturing serial bonds. (8) The total amount of outstanding City debt, with a schedule of maturities on bond issues. (9) Such other information as may be required by the City Council. (10) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the City and the proposed method of its disposition; subsidiary budgets for each utility giving detailed income and expenditure information shall be attached as appendices to the budget. (11) A Capital Program, which may be revised and extended each year to indicate capital improvements pending or in process of construction or acquisition, and shall include the following items: a. A summary of proposed programs; b. A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; c. Cost estimates, method of financing and recommended time schedules for each such improvement; and d. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. e. A statement indicating the relationship to, and whether each such improvement is considered with the Master Plan. (Amended November 7, 1995) (B) Submission: The City Manager shall submit to the City Council a proposed budget and accompanying message. The City Council shall review the proposed budget and revise as deemed appropriate prior to general circulation for public hearings. (Amended April 7, 1979) (C) Public Notice and Hearing: The City Council shall post in the City Hall and publish in the official newspaper not more than fourteen (14) days prior to each public hearing on the budget a notice stating the time and place where copies of 24 the message and budget are available for inspection by the public, and the time and place of each public hearing on the budget. The City Council may consider, holdinq OOW public hearings and adopt the budget at reqular special meetings called by the City Council for that purpose, notwithstanding the provisions of Section 3.11 of this Charter requiring action at two (2) three (3) consecutive regular City Council meetings. (Amended April 7,1979) (D) Amendment before Adoption: After the public hearings, the City Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater that the total of estimated income plus funds available from prior years. (E) Adoption: The City Council shall adopt the budget by ordinance not later than the second reqular City Council meetinq in September of the current fiscal year. 30th day of September. Adoption of the budget will require an affirmative vote of at least a majority of all of the members of the City Council. Adoption of the budget shall constitute appropriations of the amount specified therein as expenditures from the fund indicated, and shall constitute a levy of the property tax therein proposed. (Amended April 7, 1979) (F) Failure: If the City Council fails to adopt the budget by the 15th day of September second reqular City Council meetinq in September of the current fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis with all items in it pro-rated accordingly until such time as the City Council adopts a budget for the ensuing fiscal year. The levy of property tax normally approved as a part of the budget adoption will be set to equal the total current fiscal year receipts, unless the ensuing fiscal year budget is approved by September 15th the second reqular City Council meetinq in September of the current fiscal year. Section 9.03 Public Records: Copies of the approved budget, capital improvement program, and supporting papers shall be filed with the City Secretary and shall be public records available to the public upon request. Section 9.04 Amendments after Adoption: (A) Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council may, by Ordinance, carry the excess into the next fiscal year or by resolution may make supplemental appropriations to retire indebtedness or to fund emergency appropriations as described in Section 9.04B in this Charter. (8) Emergency Appropriations. To meet a public emergency created by a natural 25 disaster or man-made calamity affecting life, health, property, or the public peace, the City Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of this Charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the City Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time. (C) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial actions taken by him and his recommendations as to any other steps to be taken. The City Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one (1) or more appropriations. (D) Transfer of Appropriations. At any time during the fiscal year the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, division, or office and, upon written request by the City Manager, the City Council may by ordinance transfer part or all of any unencumbered appropriation balance from one (1) department, office or agency to another. (E) Limitations. No appropriation for debt service may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. (F) Effective Date. The supplemental and emergency appropriations and reduction or transfer or appropriations authorized by this section may be made effective immediately upon adoption of the ordinance. Section 9.05 Lapse of Appropriations: Every appropriation, (except an appropriation for a capital expenditure), shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation. Section 9.06 Administration of Budget: (A) Payments and Obligations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the City Manager or his designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriations and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any 26 authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal. Such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligations, and he shall also be liable to the City for any amount so paid. However, this prohibition shall not be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds, time warrants, certificates of indebtedness, or certificates of obligation, or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance. (B) Financial Reports. The City Manager shall submit to the City Council at its second formal meeting each month the financial condition of the City by budget items, budget estimates versus accruals for the preceding month and for the fiscal year to date. Such records are to be made public by the City Council during open meeting. The financial records of the City will be maintained in accordance with accepted principles recommended by the American Institute of Certified Public Accountants and by the National Committee on Governmental Accounting. (Amended April 7,1979) (C) Independent Audit. At the close of each fiscal year, and at such times as it may be deemed necessary, the City Council shall cause an independent audit to be made of all accounts of the City by a certified public accountant. Upon completion of the audit, the results thereof in a summary form shall be placed on file in the City Secretary's office as a public record. Section 9.07 Borrowing: The City Council shall have the power, except as prohibited by law, to borrow money by whatever method it may deem to be in the public interest. (A) General Obligation Bonds. The City shall have the power to borrow money on the credit of the City and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by the Constitution and State law the la':.'s of the State of Texas, and to issue refunding bonds to refund outstanding bonds of the City previously issued. All such bonds shall be issued in conformity with the State law la'Ns of the State of Texas. (B) Revenue Bonds. The City shall have the power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or any other self-liquidating municipal function not prohibited by the Constitution and State law la'Ns of the State of Texas, and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and payable from properties, or interest therein pledged, or the income therefrom, or both. The holders of the revenue bonds shall never have the right to demand payment thereof out of monies raised or to be raised by taxation. All such bonds shall be issued in conformity with State law the laws of the State of Texas. 27 (C) Bonds Incontestable. All bonds of the City having been issued and sold and having been delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for outstanding bonds previously issued shall and after said exchange, be incontestable. (D) Borrowing in Anticipation of Property Tax. In any Budget year, the City Council may, by resolution, authorize the borrowing of money in anticipation of the collection of the property tax for the same year whether levied or to be levied. Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the budget year in which issued. (E) Use of Bond Funds. Any and all bond funds approved by a vote of the citizens of Colleyville will be expended only for the purposes stated in the bond issue. (F) Certificates of Obligation. All certificates of obligation issued by the City shall be approved by ordinance and issued in accordance with State law the laws of the State of Texas. Section 9.08 Purchasing: The City Council may confer upon the City Manager general authority to contract for expenditures without further approval of the City Council for all budgeted items not exceeding limits set by the City Councilor State law. Section 9.09 Specified Reserve Fund: Specified reserve funds may be created for specific purposes, and may be used only for such purposes. ARTICLE X TAXATION (Amended November 7, 1995) Section 10.01 Department of Taxation: At the discretion of the City Council, there shall be established a Department of Taxation to assess and collect taxes, the head of which shall be the City Collector which office shall be filled by appointment by the City Manager '.vith the approval of the City Council, for an indefinite term. The Collector shall give a surety bond for faithful performance of his duties, including compliance with all controlling provisions of the State law haw bearing upon the functions of his office, in a sum which shall be fixed by the City Council at not less than one hundred taR thousand dollars ($10,000.00 $100,000). (Amended April 4, 1981) Section 10.02 Power to Tax: 28 The City Council of the City shall have the power, and is hereby authorized to levy, assess and collect, not to exceed the maximum limits set by the Constitution and State law laws of the State of Texas as thoy no'.... exist or as they may be amended, on each one hundred dollar ($100.00) assessed valuation of all property having a situs within the corporate limits of the City and not exempt from taxation by the Constitution and State laws of the State of Texas. Section 10.03 Limitation on Tax Rate: The maximum tax rate shall not exceed one dollar and fifty cents ($1.50) on the one hundred dollars ($100.00) valuation of taxable property within the City. Any tax rate set per budget year shall not result in an ad valorem tax revenue increase greater than seven percent (7%) of the total ad valorem tax revenue collected in the preceding budget unless authorized by the voters of the City at a special election. (For the purpose of the preceding limitation, any additional ad valorem tax revenue generated or attributable to construction within a preceding budget year shall not be considered in determining whether the tax revenue increase is more than seven percent (7%) of the preceding budget year). (Amended April 7, 1984) Section 10.04 Taxes - When Due and Payable: All taxes due the City of Colleyville shall be payable at the office of the City Tax Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 1 st. Taxes shall be paid on or before January 31 st, and all such taxes not paid on or prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as the Qj!y Council may provide by ordinance authorized by State law. The Qj!y Council may provide further by ordinance that all taxes either current or delinquent, due the City of Colleyville may be paid by installments. Failure to levy and assess taxes through omission in preparation of the approved tax roll shall not relieve the person, firm or corporation so omitted from obligation to pay such current or past due taxes as shown to be payable by recheck of the rolls and receipt for the years in question. The Council shall be prohibited from waiving penalties and interest, allm~.'ing discounts, and extending time f{)r payment of taxes. (Amended April 4, 1984) Section 10.04 Property Subiect to Tax, Method Assessment: Every person, partnership, association or corporation holding, owning or controlling property 'Nithin the limits of the City shall between January 1 st and April 30th of each year, file with the Tax Assessor Collector a full and complete S'Norn inventory rendition of such property held, owned or controlled within the said City limits on January 1st of each year. The Qj!y Council may prescribe by ordinance the mode and manner of making such inventories and penalty for failing or refusing to submit the same. The Tax Assessor shall review all renditions made to him and determine the value of the property rendered and fix the value thereof for tax purposes. If the Assessor fixes a value higher than that shown on the mvner's last tax statement, he shall give written notice thereof to such owner at his last knm~m address by depositing the same, postage paid, in the U.S. Mail, notifying him of such change and advising him that he may appear before the Board of Equalization to protest such change. The Assessor Collector of Taxes shall assess all 29 property which for any cause has not been rendered, placing such valuation thereon as he may doem just. If the O'.vners of such property are unknown, such assessments may be made in the name "unknown". (^mended April 1, 1981) Section 10.05 Tax Liens: The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the property as of January 1 st of any ea6R year, upon which the tax is due, which lien, charge or encumbrance the City is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge or encumbrance on the property is such as to give the State Courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this State or person whose residence is unknown, but as against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, and such lien may be foreclosed in any court having jurisdiction. Such lien shall be, prior to all other claims, and no gift, sale, assignment or transf-er of any kind, or judicial writ of any kind, can ever defeat such lien entitled to that priority as allowed by State law. In addition to the lien herein provided, on the first day of January of any year the owner of real and personal property subject to taxation by the City shall be personally liable for the taxes due thereon for such year. The City shall have the power to sue for and recover personal judgment for taxes without foreclosure, or to foreclose its lien or liens, or to recover both personal judgment and foreclosure. In any such suit where it appears that the description of any property in the City Assessment Rolls is insufficient to identify such property, the City shall have the right to plead a good description of the property intended to be assessed, to prove the same, and to have its judgment foreclosing the tax lien and/or personal judgment against the owner for such taxes. ARTICLE XI PLANNING AND ZONING, BOARD OF ADJUSTMENT Secti on -1--1--.Q4 The Planning and Zoning Commission: There shall be established a Planning and Zoning Commission, which shall consist of seven (7) citizens of the City of Colleyville. Members of said Commission shall be appointed by the City Council for a term of two (2) years who shall and will serve at the will and pleasure of the City Council. Three (3) members of the Planning and Zoning Commission shall be appointed each odd numbered year and four (4) members shall be appointed each even numbered year. The Commission shall elect a chairman from its membership and shall meet in the City Hall not less than once each month. The chairman of the Commission shall be a voting member. Vacancies which are created by resiqnation, removal by vote of a maiority of the City Council. or by fer any other reason shall be filled by the City Council for the remainder of the term. Vacancies shall be filled by the Council for the remainder of the term. A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. Attendance requirements for members shall be the same as for members of the City Council. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation. (Amended April 7,1984) 30 Section 11.02 Powers and Duties: The Planning and Zoning Commission shall: (A) Recommend a City Plan for the physical development of the City. (B) Recommend to the City Council, approval or disapproval of proposed changes in the Zoning Plan. (C) Exercise control over the platting or subdividing of land within the corporate limits of the City and outside same corporate limits to the extent authorized by State law; provided, however, this grant of authority shall not limit the City Council's right to provide that the City Council shall have final approval of plats, as provided by State law in Vernon's Annotated Texas Statutes, Article 971a. (Amended April 4,1981) The Commission shall be responsible to and act as an advisory body to the City Council, and shall have and perform such additional duties as may be prescribed by ordinance. Section 11.03 The Master Plan: The Master Plan for the physical development of the City of Colleyville shall contain the Commission's recommendations for growth, development and beautification of the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the City Council, which may adopt this plan in whole or in parts, and may adopt any amendment thereto after at least one (1) public hearing on the proposed action. The Commission shall act on such plan, or part thereof, and again forward it to the City Council for consideration. All amendments to the Master Plan recommended by the Commission shall be submitted in the same manner as outlined above to the City Council for approval, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from Planning and Zoning Commission. Section 11.04 Legal Effect of the Master Plan: Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any public way, ground or space, public building or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to the Commission and approved by the City Council. In case of Commission disapproval, they shall communicate their reasons to the City Council, which shall have the power to overrule such disapproval. by a three fourths (3/1) '.'ote, and upon such overruling, the .Qj!y Council shall have the pO'l.'er to proceed. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground, or sale of any public building or real property, shall be subject to similar submission and approval of the Planning and Zoning Commission and failure to approve may be similarly overruled by the City Council. (Amended April 7,1979) 31 Section 11.05 ZoninQ Board of Adjustment: There shall be a Zoninq Board of Adjustment as specified by State law in Article 1011 G, Chapter '1 Title 28, Revised Civil Statutes of Texas of 1925 as nm\' or hereafter revised. Vacancies which are created by resiqnation, remov31 bv vote of a majority of the City Council, or for any other reason shall be filled by the City Council for the remainder of the term. Section 11.06 Separation of Planning and Zoning Commissions: The City Council may by ordinance, at such time as deemed in the best interest of the citizens of Colleyville, create a separate Commission to perform the duties of Planning. This Commission shall have the same structure as provided for the Zoning Commission in Section 11.01, and will perform all duties listed in Section 11.01 through 11.05 of this Charter, for Planning only. The Zoning Commission will perform only the duties described in the same Sections for Zoning, and as advisory board to the Planning Commission. ARTICLE XII FRANCHISES, PUBLIC UTILITIES AND OTHER USERS OF PUBLIC PROPERTY Section 12.01 Powers of the City: In addition to the City's power to buy, construct, lease, maintain, operate, and regulate public utilities and other users of public property, includinq, but not limited to users of the public riqhts-of-way, streets and utility easements, within or without the City Limits, and to manufacture, distribute and sell the commodities or products of such utility operations required and used by the public, the City shall have such further powers as may now or hereafter be granted under the Constitution and State law Laws of the State of Texas. Such powers to requlate the use of public property includes, but is not limited to, the riqht to require relocation of facilities in the public riqhts-of-way, streets and utility easements, within or without the City Limits, at the facility owners cost for any City public works project to the fullest extent allowed the City now and as may hereafter be permitted by the Constitution and State law. Section 12.02 Power to Grant Franchise: The City Council shall have the power by ordinance to grant, renew, and extend all franchises for all public utilities of every character and consents and aqreements as to all other users of public property, includinq, but not limited to users of the public riqhts-of- way, streets and utility easements. operating within the City and, with consent of the franchise holder, to amend the same, provided, however, that no franchise shall be granted for an indeterminate term, and that no franchise shall be granted for a term of more than twenty (20) years from the date of the grant, renewal or extension. City Council action on all ordinances granting, renewing, extending or amending a public utility franchise shall comply with the applicable provisions set forth in Section 3.11 of this Charter. 32 Section 12.03 Grant Not to be Exclusive: No grant or franchise to construct, maintain or operate a public utility and no renewal or extension of such grant or franchise shall be exclusive. Section 12.04 Transfer of Franchise: No public utility franchise shall be transferable except with the approval of the City Council as expressed by ordinance. The term "transferable", as used herein, shall not be construed in such manner as to prevent the franchise holder from pledqinq said franchise as security for a valid debt or mortqaqe. Section 12.05 Right of Regulation: All grants, renewals, extensions, or amendments of public utility franchises and consents and aqreements as to all other users of public property, includinq, but not limited to users of the public riqhts-of-way, streets and utility easements, whether it be so provided in the ordinance or not, shall be subject to the right of the City: (A) To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. (B) To require an adequate extension of plant and service as is necessary to provide adequate service to the public, and maintenance of the plant and fixtures at the highest reasonable standard of efficiency. (C) To impose regulations to insure safe, efficient and continuous service to the public. (D) To require at any time such compensation and rental as may be permitted by State law the laws of the State of Texas. (E) To require the franchisee to restore at the franchisee's expense, all public or private property to a condition equally as good as or better than before disturbed by construction, repair or removal. The franchise holder in opening and refilling of all earth openings shall re-Iay the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds to a condition equally as good or better as when disturbed. (F) To require every franchisee to furnish within a reasonable time to the City, without cost to the City, a general map, with updates outlining the location, character, size, length, and terminals of all facilities of such franchisee in, over, and under ground of property in the City and to provide detailed information on request. 33 Section 12.06 Extensions: All extensions of service of public utilities and of all other users of public property, includinq, but not limited to users of the public riqhts-of-way, streets and utility easements, within the City limits shall become a part of the aggregate property of the public utility, shall operate as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 12.05 of this Charter. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Section 12.07 Regulation of Rates: The City Council shall have full power after due notice and hearing to regulate by ordinance the rates, charges and fares of all public utility franchise holders providing gas, electric, water and sewer utility service within the City provided that no such ordinance shall be passed as an emergency measure. All such franchise holders who shall request an increase in rates, charges, or fares shall have, at the hearing of the City Council called to consider such request, the burden of establishing by clear, competent, and convincing evidence the value of its investment properly allowable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. If, upon such hearing, the City Council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such public utility for the furnishing of additional evidence at a subsequent date to which said hearing may be adjourned. No public utility franchise holder shall institute any legal action to contest any rate, charge, or fare fixed by the City Council until such franchise holder has filed a motion for rehearing with the City Council for a specific date setting out each ground of its complaint against the rate, charge, or fare fixed by the City Council, and until the City Council shall have acted upon such motion. Such motion shall be deemed overruled unless acted upon by the City Council within a reasonable time, not to exceed sixty (60) days from the filing of such motion for rehearing; provided, that the City Council may by resolution extend such time for acting on said motion for rehearing from sixty (60) days to ninety (90) days. The City shall have the power to employ at the expense of the franchise holder, expert assistance and advise in determining a reasonable rate and equitable profit to the franchise holder. Section 12.08 Public Service Corporations to File Annual Reports: ~ The City Council shall require all public service Corporations operating within the corporate limits of the City to file a sworn annual report of the receipts from the operation of the said business for the current year, how expended, how much thereof for betterments or improvements, the rate of tolls or charges for services rendered to the public, and any other facts or information that the City Council may deem pertinent for its use including reports on operations within the City in intelligently passing upon any 34 questions that may arise between the City and said public service corporations; said reports to be filed with the City Secretary, and preserved for the use of the City Council. Such reports shall be reviewed annually by the City Council to determine the propriety of the rates being charged. ~ Any public service corporation, partnership, or proprietorship who shall for a thirty (30) day period willfully refuse or fail to report in the manner provided by this Charter shall forfeit and pay to the City the sum of one hundred dollars ($100.00), per day for each and every day during which it shall continue in default; or, if any such enterprise shall file any report, knowing that the same does not truly report the facts about the matters mentioned therein, it shall forfeit and pay to the City the sum of one thousand dollars ($1,000.00) for each such willfully false report and shall be liable for submittal of a corrected report within two (2) weeks from notification by the City of any errors under the same penalty provisions as the original report. Section 12.09 Accounts of Municipally Owned Utilities: Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such City ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, and surplus; also revenues, operating expenses including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions and improvements and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The City Council shall annually cause to be made by a certified public accountant and shall publish a report showing the financial results of such City ownership and operation, giving the information specified in this Section and such other data as the City Council shall deem expedient. Section 12.10 Sales of Municipal Services: The City Council shall have the power and authority by ordinance: (A) In or outside the limits of the City, to sell and distribute water; sell and provide sewer service; sell and provide garbage and trash collection disposition; and to sell and provide other municipal services, includinq but not limited to cable television services, telecommunications services, information services and other electronically transmitted services, whether transmitted by radio waves, Iiqht wave or impulses, by diqital transmissions or otherwise, unless expressly prohibited by the Constitution-9f State-.State or Federal law. (B) To establish specifications for materials and construction used within or beyond the limits of the City for such municipal services; inspect same and require such materials to be kept in good order and condition at all times; make such rules and regulations as shall be necessary and proper; and prescribe penalties for noncompliance with same. Section 12.11 Franchise Records: 35 The City shall compile and maintain a public record of public utility franchises. ARTICLE XIII TRANSITIONAL PROVISIONS Section 13.01 Schedule: (A) This Charter shall take effect immediately following adoption by the voters, and shall be fully operable within one (1) year after adoption, except as provided in paragraph C of this section. (B) Upon adoption of this Charter, the present Mayor and members of the City Council fillinq elective offices shall continue to fill those offices for the terms sRaU serve until the torms to which they were elected. shall have expired and until their successors shall have been qualified. The City Council shall be elected as provided in Article 3 of this Charter. Persons, who on the date this Charter is adopted are fillinq appointive positions with the City which are retained under this Charter, may continue to fill these positions for the term for which they were appointed, unless removed by the City Councilor by other means provided for in this Charter or State law. (C) Prior to the initial election of the City Council Person for Place 6, the followinq provisions shall apply: (1) The Mayor shall retain veto powers, and the process and procedures thereto as, permitted by the Charter dated December 7, 1995. (2) The Mayor shall vote only in case of a tie or to vote to remove the City Manaqer, (3) Special meetinqs of the City Council may be held on the call of the Mayor or three (3) members of the City Council. (4) No action shall be approved with less than three (3) affirmative votes of the City Council. and (5) Any two (2) members of the City Council may request an entire ordinance to be read at the first and second readinqs of an ordinance. C. Conversion of the accounting system from cash to an accrued cash basis shall occur at the beginning of the first fiscal year after employment of the City Manager. Section 13.02 Officers and Employees: (A) Rights and Privileges Preserved. Nothing in this Charter except as otherwise specifically provided shall effect or impair the rights or privileges of persons who are City officers or employees at the time of its adoption. 36 (B) Personnel System. An employee holding a City position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system. Section 13.03 Preservations of Contract Rights: All rights, claims, actions, orders, contracts, franchises, and legal or administrative proceedings in existence at the time of the adoption of this Charter shall continue until consummation. All renewals or new rights, claims, actions, orders, contracts, franchises, and legal or administrative proceedings arising after the adoption of this Charter shall be conducted pursuant to the Charter. Section 13.04 Franchises: Within six (6) months after the effective date of the adoption of the oriqinal #Hs Charter, every public utility and every owner of a public utility franchise shall file with the City certified copies of all franchises owned or claimed, or under which such utility is operated in the City. Section 13.05 Charter Review Commission: For a period of two (2) years, follmving adoption of this Charter, five (5) members of this Charter Commission, appointod by the City Council, shall serve as a CH^RTER REVIEW COMMISSION in an advisory capacity as outlined below: (a) Duties of the Commission: 1. Inquire into the operation of tho City Government under the Charter provisions and determine whether any such provisions require revision. 2. Propose any recommendations it may deem desirable to help insure compliance 'Nith the provisions of the Charter. 3. Propose, if it deems desirable, amendments to this Charter to improve the effective application of the Charter to current conditions. 1. Report its findings and present its proposed amendments, if any, to the City Council. (b) I\ction by the Q.i!y Council: The City Council shall consider any recommendation made and if any amendments be presented as a part of such report, may order such amendment or amendments to be submitted to the voters of the City in the manner provided by State law. Chapter 13 of Title 28 of the Revised Civil Statues of Texas, 1925, as now or hereafter amended. 37 ARTICLE XIV GENERAL PROVISIONS Section 14.01 Publicity of Records: All record and accounts of every office, department, or agency of the City shall be open to inspection by any citizen individual subject to public inspection as provided by State law or by any representative of the press at all reasonable times and under such reasonable regulations as may be established by the City Manager and/or the City Council, except records and documents the disclosure of which '.'.lould tend to defeat the lawful purpose which they are intended to accomplish or those records and documents prohibited from disclosure by law. Section 14.02 Personal Financial Interest: This section shall apply to all elected and appointed City officials, members of commissions, boards, committees and City employees. ^. Scope. This section shall apply to all elected and appointed City officials, members of commissions, boards, committees and City employees. 8-(tJ Misuse of Office. No person shall use his office, position or employment in an unlawful manner or in a manner calculated to obtain a financial benefit or a commercial benefit that would not be available to someone not holdinq such office or position. which is not normally or customarily received as a result of the office, position or employment held. G (ill Contracts: A person, who is subject to this section and has a direct interest in any proposed or existing contract, purchase, work, sale or service to or by the City, shall not participate in discussions thereon, render a decision thereon, or vote thereon. G (C) Discretionary Authority: No person shall make a decision or exercise their discretionary authority with reqard to an entity in which he or she has a direct or indirect financial interest as prohibited by State law. € (D) No person shall qrant. accept or solicit in the discharqe of his official duties any favor or personal benefit, service or thinq of value to any person or entity in violation of State law. ~ (~ Notice. Any person who shall have a conflict of interest under paragraph .!2 G above shall file a sworn statement describing in reasonable detail such conflict with the City Secretary no later than either the beginning of the meeting at which the matter will first be discussed or acted upon, or the time at which the potential conflict first becomes known to the person, whichever occurs first. 38 G (E.2 Citizen Complaints. Any citizen of the City may file with the City Secretary a statement of suspected conflict of interest. Such statement of suspected conflict of interest shall be filed within fifteen (15) days of the decision, vote, or other event giving rise to an asserted violation of paragraph C above, and shall describe the complained of conflict in reasonable detail. The City Council, or its designee, shall respond in writing to a timely filed statement of suspected conflict of interest, and the statement of suspected conflict of interest and response of the City Council shall be maintained in the public records of the City. M (G) Oath. Upon the election, appointment, or employment of any person by the City, they shall sign a statement acknowledging that they have read and are familiar with the provisions of this Section of the Charter, and all other sections of State law pertaining to the conflict of interest, and these statements shall be maintained as public record of the City. l Ct:D Removal from Office. Failure to comply with any of the provisions of this Section shall constitute malfeasance in office and upon a finding by a Court of competent jurisdiction of said violation, the person shall immediately forfeit their position or office and such position or office shall be deemed vacant. J m Contracts Voidable. Any violation of part C of this Section in the approval process of any contract shall make said contract voidable by the City. (Amended January 18, 1992) K (J) The City Council may adopt by ordinance, a code of ethics and conduct that is consistent with the provisions of this Charter. Section 14.03 Nepotism: No person related within the second degree by affinity, or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be appointed to any office, position or clerkship or other service to the City. This prohibition shall not apply; however, to any person who shall have been continuously employed by the City for a period of two (2) years prior to the election of the Mayor, City Council Person or appointment of the City Manager so related to him. This provision shall not apply to volunteer services to the City. Section 14.04 Official Bond for City Employees: The City Council shall require bonds of all municipal officers and employees who receive or disburse any funds of the City. The amount of such bonds shall be determined by the City Council and the cost thereof shall be paid by the City. Section 14.05 Tort Liability: Before the City shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of property under the Constitution of the State of Texas, Article I, 39 ~ Section 17, Constitution of the State of Texas, the person injured, if living, or his representatives, if deceased, or the owner, his agent or attorney of the property damaged or destroyed shall give the City Manager or City Secretary notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within one hundred twenty (120) days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages. No action at law for damages shall be brought against the City for such death, injury, damage or destruction prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the City Manager or the City Secretary. Section 14.06 Severability Clause: If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. Section 14.07 Effect of Charter on Existing Laws: All codes, ordinances, resolutions, rules and regulations in force on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed by the City Council. All taxes, assessments, liens, encumbrances and demands, of or against the City, fixed or established before such date, or for the fixing or establishing of which proceedings have begun at such date, shall be valid when properly fixed or established either under tAe State law in force at the time of the beginning of such proceedings or under tAe State law after the adoption of this Charter. All rights of the City under existing franchises and contacts and all existing authority for the issuance of bonds, granted prior to adoption of this Charter, shall be preserved in full force and effect. Section 14.08 Applicability of General Laws: The Constitution of the State of Texas, State law the statutes of said State applicable to Home-Rule Municipal Corporations, as now or hereafter enacted, this Charter and ordinances enacted pursuant hereto shall in the order mentioned, be applicable to the City of Colleyville, but the City shall also have the power to exercise any and all powers conferred by State law the laws of the State of Texas upon any kind of city, town, or village, not contrary to the provisions of said home-rule status, Charter and ordinances, but the exercise of any such powers by the City of Colleyville shall be optional with it, and it shall not be required to conform to State law the law governing any other cities, town or villages unless and until by ordinance it adopts same. Section 14.09 Property Not Exempt from Special Assessments: 40 No property of any kind, by whomsoever owned or held or by whatsoever Institution, Agency, political subdivision or organization, owned or held, whether in trust or by non- profit organization, or corporation, or by "foundation", or otherwise, (except property of the City of Colleyville, Texas, independent school districts, and other tax supported institutions), shall be exempt in any way from any of the Special Taxes, Charges, Levies and Assessments, authorized or permitted by this Charter, for Local Improvements for the public welfare. Section 14.10 Amending the Charter: Amendments to this Charter may be framed shall be f{)rmulated and submitted to the voters of the City in the manner provided by State law, but in no event more frequently than once every two years. Chapter 13 of Title 28 of the Revised Civil Statutes of Texas, 1925, as now or hereafter amended. (Amended April 7, 1979) Section 14.11 Judicial Notice: This Charter shall be deemed a Public Act and shall have the force and effect of a General Law, may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all Courts and places. Section 14.12 Gender of Wording: The masculine gender of the wording used throughout this Charter shall always be interpreted to mean either sex. Section 14.13 Appeals: The City Council shall, by ordinance, establish procedures for appeal for all employees, appointed or salaried, f{)r dismissal. Such appeals shall be through channels with the City Council being the final authority. SUBMISSION OF CHARTER TO VOTERS The Charter Commission in preparing this Charter, finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that it should be adopted in its entirety. For these reasons, the Charter Commission directs that said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Colleyville at an election to be held for that purpose on the 15th day of January, 1977. Not less than thirty (30) days prior to such an election, the City Council shall cause the City Secretary to mail a copy of this Charter to each qualified voter of the City of Colleyville as appears on the latest voters' registration list. The present City Council of the City of Colleyville shall call such election in accordance with the provisions of the general laws of the State governing such elections, and the 41 same shall be conducted and the returns made and results declared as provided by the laws of the State of Texas governing municipal elections. If a majority of the votes cast at such election shall be in favor of the adoption of such Charter, then an official order shall be entered upon the records of said City by the City Council of Colleyville declaring the same adopted, and the City Secretary shall record at length upon the records of the City, in a separate book to be kept in his office for such purpose, such Charter as adopted, and such Secretary shall furnish to the Mayor a copy of the Charter, which copy of the Charter shall be forwarded by the Mayor as soon as practical, to the Secretary of State under the seal of the City, together with a certificate showing the approval of the qualified voters of such Charter. We, the undersigned members of the Charter Commission heretofore duly elected to prepare a Charter for the City of Colleyville, Texas, do hereby certify that this publication constitutes a true copy of the proposed Charter for the City of Co II eyville, Texas, as unanimously adopted by the members thereof, and the undersigned do hereby recommend its submission to the qualified voters of said City as provided by law. COMPLETED AND SUBSCRIBED TO on this the 11th day of November, 1976, at Colleyville, Texas. BARBARA ANDREWS TOMMY ELLISON OPAL ETHRIDGE H.L. GIBSON WANDA JOHNSON LEONARD LEAR LOWELL LON NON LOUIS MILLER JAMES MOORE JONI NEELY FRANK RAWLS D.B.SCROGGINS MAX SUMMERS LINDA THOMPSON FRANK WHITMIRE CHARTER COMMISSION, CITY OF COLLEYVILLE, TEXAS. 42 RESOLUTION R-05-2518 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING MARCH 1, 2005 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. Approval of minutes of the regular City Council meeting of February 15, 2005 b. Approval of the minutes of the City Council Worksession of February 7, 2005 c. Approval of a Contract for the purchase and delivery of replacement chairs for the Colleyville Center, using Colleyville Economic Development Corporation funds, in an amount not to exceed $34,807 d. Approval of a donation of trees for Westmont Trail from David Bagwell AND IT IS SO RESOLVED. APPROVED ON THIS THE VOTE OF AYES, DAY OF NAYS AND 2005, BY A ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor MINUTES OF THE CITY COUNCIL WORKSESSION AND CITY COUNCIL MEETING FEBRUARY 15, 2005 The Worksession of the Colleyville City Council was called to order by Mayor Hocutt on February 15, 2005, at 4:48 p.m. ROLL CALL: Councilpersons Elaine Dolan, Mark Skinner, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen and City Secretary Cynthia Singleton were also present. Matthew Boyle of Boyle & Lowry was also present. 2. Review, discussion and interview of law firms for the purpose of providing legal services to the City of Colleyville 3. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.074 - Personnel - Interview and Discussion of Boyle & Lowry, Brown & Hofmeister and Fanning Harper & Martinson law firms, for the purpose of providing legal services to the City of Colleyville Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.074, Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 4:50 p.m. and reconvened at 5:25 p.m. 4. Adjournment Mayor Hocutt adjourned the meeting at 5:27 p.m. CITY COUNCIL MINUTES FEBRUARY 15, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on February 15, 2005, at 5:28 p.m. PC-1. Presentation of the Colleyville Citizen's City Charter Review Committee Recommendations Mr. Jim Moore, Chairman of the Colleyville Citizen's City Charter Review Committee, provided an overview of the proposed amendments to the City Charter and suggested that the amendments be presented to the voters during the May 7, 2005 election. Mr. Moore commended Committee members, Ed Baker, Steve Magee, Brad Rice, Frank Whitmire, Linda Bond, Louis Miller, Richard Newton and Mike Taylor and expressed appreciation for their service on the committee and expressed gratitude to City Manager Bill Lindley and Financial Analyst Kacey Bess for their administrative support. There was general discussion regarding the proposed amendments, public informational meetings, timeline for presenting the proposed changes to the voters and the ballot structure. Council determined that a Worksession would be held March 1, 2005, at 4:45 p.m. in the Executive Conference Room, for the purpose of discussing the proposed City Charter amendments and an item would be placed on the March 1, 2005, City Council agenda for calling an election to present the proposed amendments to the voters. PC-2. Presentation of the Monthly Financial Report The meeting was adjourned prior to this item being discussed. PC-3. Presentation of the Quarterly Investment Report The meeting was adjourned prior to this item being discussed. PC-4. Discussion of the 2005 Bond Election The meeting was adjourned prior to this item being discussed. PC-5. Discussion of the February 15, 2005, City Council regular agenda items 2 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Discussion ensued regarding Agenda Items 15 and 16 and the request from developer David Bagwell to withdraw the zoning application. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:50 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on February 15, 2005, at 7:06 p.m. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - Interview and Discussion of Boyle & Lowry, Brown & Hofmeister and Fanning Harper & Martinson for the purpose of providing legal services to the City of Colleyville Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.072, Property and Section 551.074, Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:08 p.m. and reconvened at 7:35 p.m. The invocation was given by Councilman Mark Skinner and Assistant City Manager Paul Frederiksen led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilman Hendler stated that he and City Manager Bill Lindley attended the Texas Municipal League AAMC Conference in Austin, Texas. Mayor Pro Tem Ayers commended Parks and Recreation Department staff for hosting the Daddy-Daughter Cinderella Ball. Mr. Rick Parker, President of Texas Turfgrass, presented the Texas Turfgrass Association "Soccer Field of the Year" Award to Parks Maintenance staff. Mayor Hocutt expressed appreciation to parks staff for the excellent maintenance of the athletic fields. 3 CITY COUNCIL MINUTES FEBRUARY 15, 2005 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2512 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 1, 2005 b. Approval of the minutes of the City Council Worksession of January 24, 2005 c. Approval of the minutes of the City Council Worksession of January 27, 2005 d. Approval of the minutes of the City Council Worksession of January 31, 2005 e. Approval of a Preliminary Plat of Pine Hill Estates, 3.7 acres located at 1209 Tinker Road, Case P-05-003 f. Approval of a Contract with Integra Realty Resources DFW, LLP, for appraisal services for the Glade Road 1 Heritage Avenue Intersection Project, in an amount of $27,750 Mayor Hocutt opened the public hearing and read Resolution R-05-2512 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner stated that a map related to the Glade Road/Heritage Avenue Intersection Project is on display in the foyer. Public Works Director Keith Fisher provided information related to the contract with Integra Realty Resources DFW, LLP, the delivery time and the right-of-way negotiations with the property owners. Councilman Hendler moved to approve Resolution R-05-2512. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Pro Tem Ayers moved to consider items 15 and 16 and remove items from table. 4 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1509 - Approval of an Amendment to Chapter 18 and Chapter 22 of the Colleyville Code of Ordinances regarding adoption of the 2003 Edition of the International Building Code, International Residential Code and International Energy Conservation Code, with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments and establishing a contractor's board of appeals, Case G-05-002 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1509. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-05-1509. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1510 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding the adoption of the 2003 edition of the International Plumbing Code and the 2000 edition of the International Fuel Gas Code with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1510. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1510. 5 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1511 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding adoption of the 2002 Edition of the National Electrical Code, with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-003 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1511. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Ordinance 0-05-1511. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1512 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding the adoption of the 2003 edition of the International Mechanical Code with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-005 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1512. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided a history of the updates of the Codes. City Manager Bill Lindley introduced and commended Code Enforcement Supervisor Eddie Edwards for his work in updating the Codes. 6 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Councilman Hart moved to approve Ordinance 0-05-1512. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1513 - Approval of an Amendment to Chapter 10 of the Land Development Code regarding Private Streets and Entrance Gates, Case G-04-020 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1513. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the minimum number of lots required for gated communities and the marketing of gated subdivisions. Community Development Manager Barry LeBaron stated that the proposed ordinance is applicable to any new developments after the initial adoption of the ordinance in 1998. City Manager Bill Lindley stated that a positive fiscal benefit of gated communities is that the maintenance of streets is the responsibility of the communities. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1514 - Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Rustic Oaks Addition, located at 5512 Valley View Drive West, Case Z-05-005 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1514. Ms. Kim Nash, applicant, 5512 Valley View Drive West, provided a history of the property and spoke regarding the request for a Special Use Permit for an accessory building and answered questions of the Council. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 7 CITY COUNCIL MINUTES FEBRUARY 15, 2005 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1515 - Approval of a City-Developer Agreement with ICI Development, LLC, for the Beldon Hollow subdivision Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1515. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 11. READING AND PUBLIC HEARING - Resolution R-05-2513 - Consideration of appointments to the Colleyville Tree Board Mayor Hocutt opened the public hearing and read Resolution R-05-2513 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler expressed appreciation to the Colleyville Tree Board members and their contribution to making Colleyville a Tree USA City. Councilman Hendler moved to approve Resolution R-05-2513. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-05-2514 - Consideration of appointment to the Park Land Dedication Committee Mayor Hocutt opened the public hearing and read Resolution R-05-2514 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Resolution R-05-2514. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 8 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-05-2515 - Acceptance of the Colleyville Citizen's City Charter Review Committee Recommendations Mayor Hocutt opened the public hearing and read Resolution R-05-2515 in its entirety. Mr. Jim Moore, Colleyville Citizen's City Charter Review Committee Chairman, 1416 Glade Road, commended the Colleyville Citizen's City Charter Review Committee members, Ed Baker, Linda Bond Steve Magee, Louis Miller, Mike Taylor, Richard Newton, Frank Whitmire and Brad Rice, for the development of the proposed amendments to the Charter and provided an overview of the proposed Charter amendments. Mr. Mike Taylor, Colleyville Citizen's City Charter Review Committee member, 5209 Coventry Place, provided information related to the proposed Charter amendments to and expressed gratitude to Council for the opportunity to serve. Mr. Brad Rice, Colleyville Citizen's City Charter Review Committee, 2707 Meadowview Drive, expressed appreciation to the Council for the opportunity to serve on the Committee and to Chairman Jim Moore for his leadership as Chairman and provided information related to the proposed amendments to the City Charter. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2515. Councilman Dolan seconded the motion. Councilman Dolan expressed appreciation to Mr. Jim Moore for efficiency and cooperation of the Committee. City Manager Bill Lindley stated that the Committee provided a detailed overview of the proposed amendments during the Pre Council meeting. Mayor Hocutt expressed appreciation to the Committee members for their time and work. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 9 CITY COUNCIL MINUTES FEBRUARY 15, 2005 14. READING AND PUBLIC HEARING - Resolution R-05-2516 - Canvassing the returns and declaring the results of the Bond Election held February 5, 2005 Mayor Hocutt opened the public hearing and read Resolution R-05-2516 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt called for the vote. Councilman Mark Skinner: Aye Councilman Elaine Dolan: Aye Councilman Rich Hendler: Aye Councilman Tom Hart: Aye Mayor Pro Tem Jon Ayers: Aye Mayor Hocutt declared the motion carried. TABLED ITEMS: 15. CONSIDERATION OF ORDINANCE 0-05-1506 - Approval of a Zoning Change from AG to R40 and R20 on 4 acres, Abstract 1692, Tract 2D1 B of the J. White Survey, located at 512 Shelton Drive, Case Z-04-042 Items 15 and 15 were considered in the fourth position of the agenda items. Mayor Hocutt read a letter from Mr. David Bagwell, Lotsmith, applicant, 8222 Douglas Avenue, Dallas, Texas, withdrawing the zoning application for Item 16, Ordinance 0-05- 1507, Case Number Z-04-043. Mayor Hocutt read a letter from Mr. Jerry Chism, 3754 Tamarack Court, Fort Worth, Texas, property owner, requesting reinstatement of Item 16, Ordinance 0-05-1507 and requesting that Council vote on this item. Community Development Manager Barry LeBaron stated that the application is cosigned by the applicant and property owner and both have equal standing regarding the request. Councilman Hart moved to remove Ordinance 0-05-1506 from the table. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 10 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Mayor Hocutt declared the motion carried. Councilman Skinner moved to remove Ordinance 0-05-1507 from the table. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt stated that Items 15 and 16 will be considered together. Mayor Hocutt read the captions of Ordinance 0-05-1506 and 0-05-1507. Mr. Jerry Chism, 3754 Tamarack Court, Fort Worth, Texas, property owner, provided information related to proposed Ordinance 0-05-1507 and his request to proceed with the pending application and for Council to take action, and answered questions of the Council. Mayor Hocutt opened the public hearing for Ordinance 0-05-1506 and Ordinance 0-05- 1507. Mr. Jeff Vanderpool, 601 Shelton Drive, spoke in opposition to R20 zoning and regarding density, neighborhood setting, property development by Mr. Bagwell, future development of the property and regarding his offer to purchase the property. Mr. Bryan Hill, 112 Bedford Road, Suite 116, Bedford, Texas, representing Mike and Mary Rettig, requested that Council take action on Ordinance 0-05-1506 and rezone the property to R40. Mr. Charles Hudgins, 6503 Emerald Drive, stated he is building a home at 700 Shelton Drive and spoke in opposition to R20 zoning. Ms. Theresa Vanderpool, 601 Shelton Drive, spoke regarding the neighborhood and in favor of R40 zoning. Mr. Lee Rimmer, 508 Beverly Drive, spoke in favor of R40 zoning and the rural feel of neighborhood. Mr. Tim Gleason, 600 Beverly Drive, spoke regarding the City's Masterplan, density and in opposition to R20 zoning. Ms. Marcell Gleason, 600 Beverly Drive, spoke in favor of R40 zoning. 11 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Mr. Gary Friedman, 6304 LD. Lockett, spoke in opposition to R20 zoning. Ms. Michelle Poblenz, 705 Shelton Drive, spoke in opposition to R20 zoning. Mr. Greg Winslow, 3916 Wayne Drive, spoke in opposition to R20 zoning. Mr. Twyla Kerlee, 800 Shelton Drive, spoke in opposition to R20 zoning. Ms. Dinah Stephen, 612 Shelton Drive, spoke in opposition to R20 zoning. Mr. Bill Stephens, 612 Shelton Drive, spoke in opposition to R20 zoning. Ms. Madelyn Norvel, 701 Shelton Drive, opposition to R20 zoning. Mr. Fred Rice, 6103 Hunter Lane, spoke in opposition to R20 zoning and in favor of R40 zoning. Mr. Philip Yoes, 6113 Hunter Lane, spoke in opposition to R20 zoning. Mr. Blaine Stratton, 5309 Montclair, requested that Council allow Mr. Bagwell time to arrive to speak. Mr. Tom Panino, 6110 Hunter Lane, spoke in opposition to R20 zoning. Ms. Kathryn Day, 512 Shelton Drive, spoke in opposition to R20 zoning. Mr. James Day, 805 Shelton Drive, spoke in opposition to R20 zoning and in favor of Mr. Vanderpool's plan to purchase the property and develop as for R40 zoning. Ms. Michelle de Jong, 605 Beverly Drive, spoke regarding the rural atmosphere and in opposition to R20 zoning. Mr. Wade Evans, 800 Shelton Drive, spoke in opposition to R20 zoning. Mr. C.L. Madden, 6112 Hunter Lane, spoke in opposition to R20 zoning. Mr. John Paul Burnett, 601 Beverly Drive, spoke in opposition R20 zoning and regarding zoning beyond R40 and estate lots. Mr. Bill Lothrup, 609 and 607 Shelton Drive, spoke in opposition to R20 zoning. Mr. Mike Taylor, 5209 Coventry Place, spoke regarding the ability of Council to up-zone property. 12 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Mr. Ken Adair, 777 Main Street, Fort Worth, Texas, requested Council to zone Mr. and Mrs. Rettig's property R40. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. David Bagwell, applicant, 8222 Douglas Avenue, Dallas, Texas, spoke regarding the ability of Council to alter the zoning application for Ordinance 0-05-1506 and his request to withdraw his application for Ordinance 0-05-1507. Community Development Manager Barry LeBaron provided information regarding up- zoning and the citizen petition in opposition to R20 zoning. Mayor Hocutt recessed the meeting at 8:43 p.m. and reconvened at 9:03 p.m. Mayor Pro Tem Ayers moved, on the basis of information received from the City Manager, to deny Ordinance 0-05-1506. Councilman Skinner seconded the motion. Mayor Hocutt suggested that Council expedite the process and waive the fees if the applicant reapplies for R40 zoning. Mayor Pro Tem Ayers and Councilman Skinner accepted the friendly amendment. Mr. Bryan Hill, 112 Bedford Road, Bedford, Texas, representing Mike and Mary Rettig spoke regarding the desires of Mr. and Mrs. Rettig and answered questions of the Council. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 16. CONSIDERATION OF ORDINANCE 0-05-1507- Approval of a Zoning change from AG to R40 on 10 acres, Abstract 1692, Tract 2D1C of the J. White Survey, located a 600 Shelton Drive, Case Z-04-043 Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1507. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 13 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Mayor Hocutt declared the motion carried. 17. CONSIDERATION OF RESOLUTION R-05-2510 - Approval of the Appointment of a City Attorney Mayor Hocutt opened the public hearing and read Resolution R-05-2510 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to remove Resolution R-05-2510 from the table. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Councilman Skinner moved to approve Resolution R-05-2510 appointing the legal firm of Boyle & Lowry. Councilman Dolan seconded the motion, with the amendment to add Matthew Boyle as City Attorney. Councilman Skinner accepted the friendly amendment. Mayor Pro Tem Ayers commended the Council for their work during the search for a legal firm. Mayor Hocutt expressed appreciation to the Council for their work and to all of the legal firms for their interest. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. REPORTS: 18. COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - January 19, 2005 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - January 26, 2005 14 CITY COUNCIL MINUTES FEBRUARY 15, 2005 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - February 2, 2005 There was not action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTSIPRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 15, 2005 - Reading and Public Hearing - Resolution R-05-2517 This item was not needed. ADJOURNMENT: 21. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 10:19 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2005, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 15 MINUTES OF THE CITY COUNCIL WORKSESSION FEBRUARY 7,2005 The Worksession of the Colleyville City Council was called to order by Mayor Joe Hocutt on February 7, 2005, at 6:07 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley and Assistant City Manager Paul Frederiksen were also present I. Review and discussion of law firms for the purpose of providing legal services to the City of Colleyville There was no discussion of this item. II. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.074 - Personnel - Interview and Discussion of Boyle & Lowry, Brown & Hofmeister and Fanning Harper & Martinson, for the purpose of providing legal services to the City of Colleyville Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.074, Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:08 p.m. and reconvened at 7:16 p.m. III. Adjournment There being no further business before the City Council, Mayor Hocutt adjourned the meeting at 7:17 p.m. CITY COUNCIL MINUTES FEBRUARY 7, 2005 APPROVED THIS DAY OF 2005, BY A VOTE OF AYES, NAYS AND ABSTENTIONS. Minutes taken and prepared by: Paul Frederiksen Assistant City Manager 2 CITY COUNCIL CC@m", AGENDA BRIEFING Ie."":; ITEM#: RESOLUTION # : 3c R-05-2518 DEPARTMENT HEAD i FINANCE REVIEW : MEETING DATE: 03/01/05 CITY MANAGER I Previous Action: None DEPARTMENT: COLLEYVILLE CENTER SUBJECT: Approval of a Contract for the purchase and delivery of replacement chairs for the Colleyville Center, using Colleyville Economic Development Corporation funds, in an amount not to exceed $34,807- by Consent Reading and Public Hearing On August 24, 2004, The Colleyville Economic Development Corporation (CEDC) Board met to adopt the Economic Development Capital Improvement Program for 2005-2009. At that time, the CEDC Board approved allocation of $50,000 in FY2005 for the capital purchase of replacement chairs for the Colleyville Center. The State of Texas gives state agencies and local governments the opportunity to use some General Services Administration (GSA) federal supply schedules. Federal supply schedules are contracts that have been awarded by the federal government using competitive procurement procedures. The Texas Multiple Award Schedule (TXMAS) has been approved by the Federal government and approved by the State government for use by state agencies and local governments. The TXMAS-2-711 090 contract with Mity-Lite covers the purchase of host chairs. Mity-Lite provides the public assembly facility industry with a high quality and durable host chair. The cost for the purchase and delivery of 525 Mity-Lite host chairs through the TXMAS contract is $33,149.66. A 5% contingency has been included for any additional installation related costs or additional cart costs that may be required once installation is complete. The total amount will not exceed $34,807. Financial Impact Funding is available through CEDC Account line item 025-37-6360. Recommendation Approval Agenda Briefing Resolution R-05-2518 Page 2 Attachments . Mity-Lite Customer Order Form - Quote . Mity-Lite TXMAS Pricing .:..' \_'.' .:........ \,. .....' .1...1,.. -..1_; ce_'::!,:,,; ....J '....'.L ....! CUSTOMER ORDER FORM THIS IS NOT AN INVOICE Mlty.Ute, Inc. 1301 W. 400 N. Orem, Utah 84057-4442 (801) 224-0589 FAX: (801) 224-6191 the leader in IightNt:lght durability Toll Free (500) 327.1692 Quote NL:mber: 588112 Ordering Customer NurrtJer: 641081 Billing Customer Number: 541081 Customer P.O. Number: QUOlE Page: 1 ORDERfOBY CITY OF COLl..E'r'VILLE COLLEY\;ILL 5301 RIVERWALK DRiVE COLLEWILLE TX 76034 USA Attn. LiN PRZYBYL. INVOIC! TO OTY OF COLLEWILLE COLLEYVILL 5301 RIVERWALK DRIVE COLLEYl/1LLE. TX 76034 USA A:tn: UN PRZYBYL SHlfS TO CrTY OF COL~EYVILLE COLLEYVILL 530' RIVERWALI< DRiVE COLLEYVlLLE, TX 76034 USA Attn: L'N PR..?VBYL F.O.B. ORIGiN. FREP.~,D SHIP VIA BEST WAY POSSIBLE ORDER TYFE Regu Jar RECErvED DATE 2/8/2005 SCHEDULEC DATE 2/812005 ORIGINAL DATE 21812005 SALES REP TERMS Jesse Betteridge NET 30 QUANTITY ITEM LlNIT fSRICE TOTAL P~ICE I ____..___________.__________._______.._________.______________~______.________..______..J 525 CHHOOO221076E OV,c.J.. BACK HOST CHAIR: BRONZE FRAME 06C1. 54050 CHATHAM FABRIC. EVENT: GANGING FREiGHT - "'ice, $5988 531,437,00 $1.71266 51,712.66 ---r- I SALESTAX I ORDER TOTAL I I i $0001 $33,14U6[ Order Note.: Insid-a Oe/iWlry reau;red cost is already in freight quote Signature: Date: *** ATTENTION II,,", Please Sign and return this form. Your signature confir'lls items & Quantities desired and agreement to payment terms as indicated. Orders cannot be scheduled for proeuction & shiprrent Without signed customer order form. Texas Multiple Award Schedule TXMAS Price Sheet Contract Period: 09/13/02 through 02/28105 Contract # TXMAS.2.711090 January 1, 2005 www.mitylitetexas.com ContrllCtorlAdlrini5trator: Mity.Lite. lroc 13')1 Wes1400 Nortb Olem, Utah 84C'57 Jeff Scott Phore 1-801-:<24-0569 Pho,-e 1-aOO.32T.1e&2 rllX '-801-224-6191 J.. .~.. '::',.~ .~'- MAS CU$lOmlll' l/1formation 11. SpMial ttamNumbora: 711.'11/711.12 7i1.1A 711-1(/ 711.20 1 b. Lowll&t Pri:e II od81: t32.95 1:. Hourly RatlS: NCY. !l.ppicable 2. Maximum Oreer Umltallon' $1:50.000.('C' MOL VOLUME DISCOUNT: $15.001 -$50.000 1% $50.0(,1 - $100.0ClO 2% $100.001 - $150.0GO 3'~ 3. Minimum Otdar: Noo6 4. Geograpti~ C""....age (O&liwry A...a) CornigUOlJS 48 S191ltS or Point of &~ortlticn 5. Point of Production: Mity-Lite. Inc. 1301 YVes: 400 N::>riI' Orem. tr.ah 1l.wf7 6. & 7. Oiseount$ Tllblea GS.28F-7il79G & GS.2&F.102EC Mity .Hollt Ct..ir GS-28F-7079G Swift S4Iot Chair G5-28F-7079G Leclarna GS-28F-1026C Tables: Swift Set foldlna chairs: 1-11 Urit~ 50.10-2.25% disco..,r. FOB crigir 1-75 Urits 50.:!5"" discount. FOB Origin 1.-49 ~~s 50-10-..3% dlsco..,t. FOB Oes:lnlltiCl1 76-1 i50 Un~s 53.25% dlscour:. FOB Or1~in 50-99 Units 50.10-5.25% discount. r=oa Destination 151-300 Units 56.75% di.co~r'. roe; O,lgin 100+ Un~ 50-1(>-10.25% discount. I"OB Oestirati::>n 3OC... Units 57.85"10 dlccoun:. FOB:>tioin . 1 -250 Un~s :;0',. dlscolr.t. FOB Orl:llr 1-4 Unhs = 55.5% discount. FOB Origlr 251-600 Unit. 50.N discount. FOe Origin 5" 'Jnits c 56.85% discour,t FOB Origin 6CO + 'Jnits 51.7% discount. FOB Orialn 8. Prompt P~entT*""'* 1%120, Net 3() DL NotIfi~atiOl1 of Gowmment pureh... ~ud. for below th micmlp...cllull thrKh91l:i: 'lIS 9b. Notification t); GoV9m"'llf1t pureha.. carda for abovll thll mi~ropurc:hull thruhold: Yes 10. Foralgn Items: N/A 11.. Tlmll of dellvlll1'. 30 Days 11 b. EJIpec:ted ..Ii...ry: NlA 110. Ovemillht & 2-day dlllivlll')': Yes. CO.:Oe! comrsctorfor !alOE 11d. Ursont ...quirom8/1~: Cortae': conlractor for urgent re~ui...ments 12. F.O.B. Point: Or8m. Ulllh 804057 13a.Ordlll'lnll AddrQH: Mity-~il8.lrc. 1301 Wa$t 4CO North Orem, Ut3h 84057 13b. Orelllrlng procedurll&: For SuWlles &. $et'iices. t~~ orjerin~ pocedures. in'orn'la"jon on alark&': Purchase A~reem8l1's arc! a SIImple BPA ~In ba fOlJrd at (Fs&.alla/sehlldulaa) MilY-Lile.lnc, 1301 West 4CO North 01Sm. Utah 84057 15. W...lInty Proyi.;on: 12 Vear Warran~ 16. Export P_kalling Chars.' NIA 1 T. TeRM and cQndltions of Goyemment commercial cradlt carcll~eptan~: lJo.,emmert credr. tare .:ceptod for orders. No addit"",.1 discounts apply, 15. TeRM and conditions 01 rantal. malntanancll. at1d repair: 19. T.rl1\& and CClnditiona of inlltallali..m: 20&. T_ and conditi_ of Apair part.. 2Ob. Terme and ci2ndition. for any ottl.r ..tvic.. : 21. u.t 0' ..rvi~ll and dlctl'ib.mon points: 14. Payment Address: N!A N/A NlA NlA 1IIi':y-Lite. inc. 1301 West 400 North Ore"1, Uteh 84057 22. UlIt of participating dellarll: 23. Prevlll1tativa mainlanante: 24a. S~elal Attrlbutlla: 24b. SlIctIQl1 50lI Cornpllancu : 25. DUNS numbar: 26. CCR Reglatratlon ~otHi"tii2n: N1A NiA Pre-ConSlJmer Recydin~ filA 16-1072521 CF':"PO @ ~Jity.L,i1e Inc. 1301 West 4CO North Orem. Utah 64057 1-800-327-169:< F3)<: 1-801.224-6 1~1 .."....'W.mitylte.c~," 1 11!\!2005 .... ..L~'..' '"'V ,),.' ~....'. .')'-' .)\r.J..:....:."":'.J..L..-J.. I:' C.I,;; '::: 0 ,_; l. 1..:' General Terms And Conditions \Varramy: Please reqlle~t fuli warranty rih..."'Ct. Tenn.~: Net 30 dllYS. Prices and spocit:cations subject to change without notlce. Claim;: ALL MERCHANDISE IS CAREFULL YPACKED FOR SHIP1\1ENT. PLEASE INSPECT ALL SHIPMENTS. Order Cancellations: Prior to shipping, orders m.ay be subject to 2m" cancellation ice. Returns: Prior writtl.:H cument must bc ubtained frum Mity-Litl:. Inc. for the retunl of any mcrchCllldillc. Suc;h fl:lLIfIl.'i shed be subject to a 200'0 restocking charge. Chail."\'i: All chail."\'i arc p<lekagcd in quantity. Mity-Host Select chairs without :.'tack bars will be boxed. Shipping: F.O.B. ractmy unless otherwise stated Notes about delivery: Our carriers will unload the furniture and place it on your rcx.-civing dock. Inside delivery is available, if you require it, at extra cost Our goal is to deliver tables and chairs to you within 45 days of receipt of your order. If you need rush d:livcry, please call tor us to explore possibic options. Plea.;;c note Quick Ship items available for your convl..'Oicnce. e> Mity.Lile Int. 1301 We>t 4(0 rJorth Orarr,. Utah a4051 1-800.321.1692 I=ax: 1-801.224-6191 wv.",.mityite.c~m 6 , 15/:<005 ~. '-.~ -- .... '-'.. \.' Texas Multiple Award Schedule TXMAS Price Sheet ~ "'MAS Mlty..J-lost@ Select Bar\quet Chairs Cro~n Frame 0\'111 Frame Round frame Square frame Flex Back 4.rm ChaIr Fabric GradB Framll Color Grad'. Ust 1.250 251-600 600+ l 50% 50.7% 51.7% I 1 $ 111.26 $55.63 $54.85 $53.71 I 2 $ 112.97 $56.49 $55.69 $54.54 I A I 3 $ 114.54 $57.27 $56.46 $55.30 I i I 4 $ 119.40 $59.70 $58.86 $57.64 I I 1 S 113.11 $56.56 $55.76 $54.61 I 2 $ 114.83 $57.41 $56.61 $55.43 , I I B 3 S 116.40 $58.20 $57.38 $56.19 I 4 $ 121.26 $60.63 $59.77 $58.54 I I I 1 $ 114.97 $57.49 $56.68 $55.50 I 2 $ 116.69 $58.34 $57.52 $56.33 i C 3 $ 118.26 $59.13 $58.30 $57.09 -I ~ 4 $ 123.11 $61 .56 $60.69 $59.43 I -,--. $ 116.83 $58.41 $57.59 $56.40 ! 1 i ~ 2 $ 118.54 $59.27 $58.~ $57.23 I I D 3 $ 120.11 $60.06 $59.21 $57.99 I i 4 $ 124.97 $62.49 $61.61 $60.33 ! 1 $ - $60.27 $59.42 $58.19 -1 120.54 I 2 $ 122.26 $61.13 $60.27 $59.02 E i 3 $ 123.83 $61.91 $6~ .04 $59.78 I I l 4 $ 128.69 $64.34 $63.~ $62.12 i I ! 1 $ 126.11 $63.06 $62.17 $60.88 "I I $61.711 , 2 $ 127.83 $63.91 $63.01 I F 3 $ 129.40 $64.70 $63.79 $62.47 1 i I I 4 $ 134.26 $67.13 $66.18 $64.81 I 1 $ 131.69 $65.84 $64 .92 $63.57 I I 2 $ 133.40 $66.70 $65.76 $64 .40 , G I 3 $ 134.97 $67.49 $66.54 $65.16 I I 4 $ 139.83 $69.91 $68.93 $67.50 I 1 $ 140.97 $70.49 $69.49 $68.06 I 2 $ 142.69 $71.34 $70.34 $68.8e I I I I H I 3 $ 144.26 $72.13 $71.11 $69.64 I i 4 $ 149.11 $74.56 $73.51 $7~ I i 1 $ 150.26 $75.13 $74.07 $7;.:.54 i -- 2 $ 151.97 $75.99 $74.92 $73.37 I I I ! 3 $ 153.54 $76.77 $75.69 $71*-1 , 4 $ 158AO $79.20 $78.08 $7647 i Mil .Ho!l Truck 4 if\!11eel Cart Holds 10 Host Chairs. @Miiy-lit9Inc, 1301 West4W North 019n-..l,tah i\4057 1-80(0-327-1692 Fax: 1-801.:<24-6Nl"""w,l1',t,.Iit",.c"", 4 115120~ 1 t-1'-..tL.. '-1L, ~ r ~ nll tY-l!! e 1301 West 400 North Orem, Utah 84057 60' -224-0589 · 800-327-1692 f:'AX 801-224-6191 WMNmitylite.com Lightweight Tables Designed for Strength February 9, 2005 RE: !XMAS contract # 2-711 090 To whom it rr..ay CClnc:em: The TXMAS con'tract # 2-711090 benchmarks our GSA contract f+ GS-2BF-70790, meaning that the TXMAS contract miIrors what the OSA cOl1traet does. O\lr GSA contracl is in the proces.~ ofbeixli renewed. Sometimes this process is hmgthy. When the renewal dmc goes beyond tlle contract cxpiration date an extension.is granted Our GSA IlId TXMAS contracts Irt currently Qpctating, under ccteDsiona. Th, mo:o.t recent extension is valid until February 28, 2005, If the ccntract is not renewed before that date an additional e"tensiQn will be granted, I.Ikely for two mote month&. Wherl the GSA contract is eltber renewed or e1dcnded this informaticm will 'be forwi1tded to t~e !XMAS contracting office and the CIJtltTact will mirror the GSA action. We do not e'lpcet either contract to lapse at any 1:ime. Ple.:ose let me how if you bave any Cj\Icstions. ar. Government Ac.:ount Manaier CITY COUNCIL City or CC~'" AGENDA BRIEFING Tl.'.\~$ MEETING DATE: ITEM#: RESOLUTION # : 03/01/05 3d R-05-2518 CITY MANAGER I DEPARTMENT HEAD i FINANCE REVIEW i Previous Action: None DEPARTMENT: PARKS AND RECREATION SUBJECT: Approval of a donation of trees for Westmont Trail from David Bagwell Reading and Public Hearing David Bagwell proposes to donate native trees to be planted along the Westmont Trail to replace native trees that have died. Staff recommends that the nine 2" caliper shumard oaks be approved as well as the other items listed on the attached donation form and email. Recommendation Approval Attachments . David Bagwell Letter . City of Colleyville Donation and Transfer of Title . David Bagwell Email !\l (, '-.; December 9, 2004 City Manager's Office Mr. Bill Lindley 100 Main Street Colleyville, TX 76034 Dear Bill: Enclosed are the city's Donation and Transfer of Title form completed for the proposed donation of native trees to be planted along the Westmont Trail to replace native trees that have died. As mentioned on the form these trees were chosen since therr variety matches what is found native to the area. We will use our own forces to plant these trees. Thank you for your time. Please notify us upop acceptance by the city for the installation of the trees and we will proceed promptly. Sincerely yours, &UJ.JiJf~w j I David S. Bagwell ~~ encl. CITY OF COlLEYVlLLE DONATION AND 1"RANSFER OF TITL.E IMle The David Bagwell <:;:9rnpany rhereby give. 88$1911, transfer, an set over to the City of Colteyville all of my rights, title, end interest i"the materials described below: (9~ ShUlT'ard Oak @ $150/~a. l and (20J Post Oak..2~edlinqs @ S15/ea to....k.2.:!-~ted .~ ;replacements.. fOJ;;: roater.icill t.hat has died along tnp Wpstmont. tri'li 1 _ 'T'np!'ill v;::q;j.eties were ch~ i'lS tnpy i'lre ni'lt.illP tn tnp rlypa Funds $1,.6"10_ Stl I ti IIff \ forces in locations pu a ons ,. any j 'T'hp J;J1;:l:h;,rj 91' .i5 to be pJ il,l;4tQd hy our ~eed upon by The Cavid Bagwe(ll Co. & City staff. Specifications/PlanslPhotos/A.nnual cost to city; Attached . . None.--1l.- I have read and understand the Donation Policy of the City of ColleY'J!lle, and accept the provisionS ( =~Domr(.)-4L! f fU (It{{~IO!! Dale P[Q9/llL . _ ~ _Date Address of Donor 8222 Douglas Avenue, Suite 605 Cltt Dallas State Texas ZIP 75225 Phone Numbers: Home , Office 214-368-7711 RECEIVEO by SQard Department or By Oate CouncllApprovalDaw ResolutionlOfdinance Number ACCEPTED for and in behalf of the City of Colleyville 8y ._ Date Mayor. City of eoneyvlHe Accession Number Monica Walsh From: Sent: To: Cc: Subject: Davidbagwellco@aol.com Thursday, February 17, 2005 9:05 AM Monica Walsh taylor@bagwellcompany.com; jill@bagwellcompany.com; susan@bagwellcompany.com Trail Tree Planting Offer Good morning, Monica. In response to your questions yesterday, I am providing the following to supplement my December 9 offer of tree planting along the City's trail adjacent to Westmont: 1. whereas in my December 9 letter with Donation and Transfer form I offered nine shumard oaks at $180 each (including planting), you told me the City typically specifies larger trees than this offer implied (2" caliper trees at $75/caliper inch plus $30 per tree planting); so, in lieu of the nine 2" caliper shumards I offered in my December 9 proposal, we now offer to provide larger shumard oaks that are the cost equivalent of my December 9 offer, i.e. $1,050.00 worth of shumards, plus some additional value: 4 shumards at 3.5" caliper or larger x $75/caliper inch plus, say, $40.00 per tree planting cost = $1,200.00; so, you may decide to recommend to the City Council nine 2" caliper shumards or four 3.5" caliper shumards; we are indifferent between these alternatives and happy to provide what you determine is better; 2. in addition, we will provide the 20 post oak seedlings previously offered; as discussed yesterday, we will supplement our offer by putting these trees in Tree Shelters to sustain viability, to encourage growth, and to protect the little trees from damage; value of this supplemented offer we estimate to double from our December 9 offer, i.e. $15 per tree to buy and plant plus $15 per tree for shelter, staking and a little additional planting, transportation, storage and administrative time; 3. at your request, through this growing season and through first flush of the 2006 growing season, we agree to remove trees we donate, if they die of natural causes, i.e. drought, too much water, or pests, and replace any such dead trees with a like size tree; estimated cost of this addition to our December 9 offer is one quarter of the value, i.e. $450.00; 4. for the shumards, we agree to provide supplemental watering and general care, i.e. inspect for health problems, prune damaged limbs, maintain trunk protectors on the shumards and to check the health of the post oaks in Tree Shelters, i.e. straighten the Tree Shelters as needed, remove competing bermuda grass from Tree Shelters, eliminate infestations of fire ants at Tree Shelters, etc.; estimated cost of this service is one and one half hour per week during growing season at $15 per hour plus trunk protects at $5.00 each equals, say, $800. Total Estimated Value of Revised Offer: $3,000.00 We would appreciate City Council consideration of our offer at its next meeting on March 1, so that, if accepted, we may accomplish this work before dormancy ends for the trees to be planted. If the Council accepts our offer, please let our landscape superintendent Taylor Steele, Jill Folkert, Susan Folkert, and me know as soon as possible. Email may suffice for this purpose (addresses provided by my copies to these associates), or you may wish to phone (Taylor: 9/816-6188; Jill: 2/549-0099; Susan: 2/673-6754; David: 8/540-5500). When he hears from you, Taylor will stake and notify you of proposed locations near where you recently removed dead native trees in the City trail right of way. You can then inspect Taylor's stakes showing the proposed locations of the trees and services we volunteer and adjust the locations, if you deem it appropriate, after which Taylor will plant the trees. Thank you for your attention in this matter and for working with us beautify the community. 1 David Bagwell 8222 Douglas Ave. Suite 605 Dallas, TX 75225 817/540-5500 davidbagwellco@aol.com 2 CITY COUNCIL cllr Of cce", AGENDA BRIEFING Ie-X",:: MEETING DATE: i 03/01/05 ITEM #: ! 4 ORDINANCE #: ! 0-05-1513 CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW i Previous Action: 2/15/05 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of an Amendment to Chapter 10 of the Land Development Code regarding Private Streets and Entrance Gates, Case G-04-020 Second Reading and Public Hearing Update The attached Ordinance 0-05-1513 incorporates the minor changes recommended by the new city attorney, Mathew C. G. Boyle. The changes make no substantive modifications to the intent of the ordinance. First Reading and Public Hearing Backqround The standards for developments in Colleyville with private streets and entrance gates were established with the approval of Ordinance 0-98-1105 on October 20, 1998. The regulations for private streets and gated developments are contained within Chapter 10 of the Colleyville Land Development Code. Nine subdivision plats, which contained private streets with gated entryways, have been approved by the City Council since the adoption of the private street/gated development regulations in 1998. One subdivision, Shalimar Addition, received approval from the City Council to convert from a public street subdivision to a private street/gated development upon a petition containing 100% of the signatures of the property owners in the development. The following table contains a list of the private street/gated developments showing the number of lots in the development and the date the subdivision plat was approved. Agenda Briefing Ordinance 0-05-1513 Page 2 of 4 Subdivisions with Private Streets Subdivision Name Zoning Acres Number of Date of Status Lots Subdivision Woodland Hills (Block 20) R20 - 27 Developed Thornbury (Brook Meadows) R20 195.80 248 Developed Hills Of Central Park R30 27.03 26 05/01/89 Developed Montclair Parc R20 64.33 78 12/01/92 Developed Lakewood Estates PUDR 30.67 85 02/17/95 Developed Spring Garden PUDR 6.68 45 OS/20/97 Developed Shalimar PUDR 19.07 31 01/01/98 Developed The Villas at Caldwell's Creek PUDR 11.56 43 01/01/98 Developed Tanalewood PUDR 25.96 12 05/16/00 Developed The Sapphire Enclave R20/R30 7.36 32 01/18/01 Developed Clairemont R20 50.38 86 03/01/01 Developed Strathmore PUDR 8.43 14 06/04/02 Pending Construction Emerald Park PUDR 20.38 72 OS/20/03 Developed Beldon Hollow PUDR 16.12 16 09/01/03 Under Construction Tiffany Park PUDR 7.16 25 06/04/04 Under Construction Rosewood Villas PUDR 14.76 53 08/02/04 Developed Rockrimmon R20 12.15 13 1 0/05/04 Pending Construction Totals 517.85 906 Earlier this year, during consideration of a PUD-R zoning ordinance amendment to establish a private street/gated development, the City Council stated that the gated development regulations contained in the Land Development Code should be reviewed by the Planning and Zoning Commission to determine their appropriateness and long-term impact on the community. A specific regulation that required a minimum of twenty lots for approval of a gated development that has private streets was identified as a particular concern. There have been four subdivision plats approved by the City Council since the regulations were adopted that did not contain the minimum twenty lots. The City Council subsequently requested that the Planning and Zoning Commission review the regulations for private street/gated developments and recommend any changes to improve the standards. The Planning and Zoning Commission conducted an extensive study of the private street/gated development regulations over the past several months and reviewed several articles pertaining to gated developments, which generated considerable discussion among the Commissioners. For information purposes, copies of the gated development articles reviewed by the Commission are attached to this agenda briefing. One of the topics that generated extensive discussion by the Commission related to the homeowner's association reserve fund requirement for future street maintenance and re- construction. As a result of those discussions, the Commission requested staff to survey those private street/gated developments in the community, to obtain information regarding the status of any reserve funds that have been set aside for future street and drainage maintenance. Staff mailed a questionnaire to the president of all homeowner's association with gated developments in Colleyville to obtain information regarding the status of any reserve funds that Agenda Briefing Ordinance 0-05-1513 Page 3 of 4 have been set aside for street and drainage maintenance. Staff received responses from several of the homeowner's associations of private street developments. Copies of the responses received are attached to this agenda briefing. Responses were from the following homeowner's associations: Homeowner's Associations Respondinq to Reserve Fund Questionnaire Beldon Hollow HOA Clairemont HOA Emerald Park Montclair Parc HOA Shalimar HOA Strathmore HOA Tiffany Park HOA Thornbury HOA Based on the results of the survey, most developments have established reserve funds for the future maintenance or re-construction of the streets within their respective developments. In a few cases, there were developments under construction that have not yet completed the association covenants. Additional discussion, among the Commissioners, produced a recommendation to reorganize some of the text within the regulations to clarify those regulations that are applicable to new developments and those regulations applicable to the conversion of a subdivision from a public street development to a private street development. The Commission also recommended staff develop a checklist to improve staff review and administration of the regulations. The Commission considered the proposed changes at the November 22, 2004 meeting and recommended approval by a unanimous vote. A copy of the private street/gated development regulations showing the changes recommended by the Commission is attached. Text proposed for deletion is shown as "strikethrough" and new text is shown with "bold-underlined" characters. The following is a brief summary of the proposed changes to Chapter 10 of the Land Development Code. 1. The number of lots required for a private gated community was increased from 20 lots to 25 lots in Section 10-130A.5. 2. Language related to homeowner's association documents was retained in the last part of Section 10-130E. 3. Section 10-125, Paragraphs A and B have been modified to clearly separate those regulations pertaining only to new private street subdivisions from those regulations that address existing public street subdivisions that propose to convert to a private street development. 4. Section 10-125, Paragraph C is modified by deleting special street construction standards. Private streets are required to meet all City standards for design, construction and materials. Agenda Briefing Ordinance 0-05-1513 Page 4 of 4 5. Section 10-130, Paragraph F is modified by deleting the requirement that the homeowner's association of a private street development employ a private engineering firm to estimate the cost of replacing the private street. Based on the survey of the homeowner's associations, this requirement is not being accomplished and the Planning and Zoning Commission felt it was an unnecessary requirement. 6. Section 10-130, Paragraph U, the provision for partial refunding of the permit fee has been deleted. At the February 1,2005 Pre-Council meeting, comments were made regarding the applicability of the gatedlprivate street regulations and whether or not the regulations applied to all gatedlprivate street developments. Language has been added to the proposed regulations (Section 10-120) which requires compliance for those subdivisions submitted for approval after October 20, 1998, which is the date of the approval of the ordinance adopting the original regulations. Recommendation Approval Attachments · Various articles pertaining to gated developments · Copies of homeowner's association surveys · Chapter 10 showing proposed deleted and new text · Ordinance 0-05-1513 '~J .1 J J SEPTEMBER 1993 AMERICAN PLANNING ASSOCIATION II Home, Safe Home? By Jim Schwab r ~ i! i ~ ~ 1 Americans seem uneasy these days abour the security of their neighborhoods. In major cities, rising crime and random violence have made many families jinery--even when they live in the suburbs. These concerns are being reRected in the marketplace for new housing as some developers are using walls and gates ro provide a sense of security. In addition, inner-city communities are seeking to limit access to their neighborhoods with barricades and street closures. Bur walls, gates, and barriers can radically change the charaerer of surrounding buildings and neighborhoods. Such security measures can also have social impaers by creating a visible barrier dividing those who can afford them from those who cannot. Urban Enclaves It would be a mistake ro assume that the desire for security is limited ro the residents of rony, high-income communities like Bel Air. Middle-class neighborhoods in Los Angeles have been clamor- ing for street closures in a bid to seal our the racial tensions and gang warfare that have plagued the city in recent years. Their petitions for "withdrawal of public rights-of-way," processed by the Bureau of Engineering in the public works deparrmenr, so 'erburdened that staff's capacity ro handle them that the depan- :nr early last year drafted a new policy. It proposed ro distinguish Derween "nuisance closures," which would be undenaken ro prevenr a threat ro public health and safety (often illegal dumping), and "convenience closures," underraken primarily ro benefit the requesting neighborhood. The public would bear the COSt of nuisance closures, while petitioning neighborhoods 'Yould pay for convenience closures. The depanment estimated the cost of processing a typical convenience closure ro be $6.500. The neighborhood would also be assessed the cost of whatever physical installations were needed ro close the street. The policy, however, was based on the erroneous assumption that the city could undertake such measures without public notice ro the surrounding residents and without public hearings to establish that such closures were justified by public health and safety concerns, says Leon Dayan, an atrorney with the LA law firm of Hall and Phillips. Dayan's firm, along with the Center for Law in the Public Interest, brought suit last year ro halt the gating of Whitley Heights, a hilly, single-family enclave near Hollywood. The Whitley Heights Civic Association (WHCA) had won city permission to ereer eight gates on public streets entering the area, leaving the residents of multifamily apartments at the bottom of the hills ourside the gates and withour access. Those residents, who learned of the plan only after work began, first won a stop-work order because the fire department had never been notified. They later filed suit as Citizens Against Gated Enclaves (CAGE). Ruling for CAGE, the coun cited the lack of any authority in the California Vehicle Code for cities to erect such gates withour first vacating the streets. Under WHCA's agreement with the city, the city retained ownership and responsibility for maintenance of the gated streets and retained the right to reopen the streets at any time with prior notice ofWHCA. The coun nored that its ruling derived from a line of California Supreme Courr cases that also restricted cities' rights to limit street access under the vehicle code. One of those, RumfOrd v. City of Berkeley, in 1982 found no express authority for parrial street closures. The California legislature subsequently broadened some language in the vehicle code to permit closures "consistent with the responsibility oflocal govern- mem to provide tor the healrh and safety of its citizens." But it enacted other provisions to codi/). aspects of RumfOrd and the basic findings in Cit), of Laftyettt' v. Contra Costa COllnt)' (1979), which found no authority for selective gating of public srreets. The court's February ruling in CAGE II. City olLos Angeh, finalized in May, resulted in a moratorium on "about 40 or 50" applications fo~ neighborhood streerc!osures, according to Gene McPherson, the engineering bureau's direcror ofland development and mapping. In the meantime, WHCA-but nor the city-has appealed the decision. According to Dayan, W1-ICA is also suing the city for damages for its failure to norify the association of the need to noti/)r the fire department before ir started work. These types ofsrreet closures are not a new idea, says Oscar Newman, president of the Institute tor Community Design Analysis in Great Neck, New York. In his 1980 book Community of Interest, Newman described neighborhoods in Sr. Louis that had secured permission to ereer street barriers to impede through traffic and criminal acrivity. These racially mi.xed enclaves. according to Newman, helped to preserve a middle-class presence in areas quickly being converred from single-fumily to mulriflmily housing. The barriers, which limited access to the neighborhoods to one or two points, allowed families to reclaim the s;reets as public gathering places, "almost as an exrension of rheir lawns," Newman says. This also facilitated the easy capture of fleeing criminals, Newman wrore, and thereby encouraged residents to call rhe police. Newman's survey of these neighborhoods reported higher property values and lower crime rates than in adjacent blocks. More recendy, Newman has consulted with neighborhoods in Dayton, Ohio, and Fon Lauderdale, Florida. Davron, he nores, is ab~ut half black and half white. with a similar split be[\veen single- tamily and multitamily housing. The areas dur were enclaved were all about three-quarters of a square mile in size. Ne'wman compares rhe resulting enclosures to suburban superblocks. which contain internal nerv.'orks of residential side streets ofF exrerior rraffic arteries. The concrere street barriers are ofren landscaped and belUtified with shrubbery. The cost, he says, is "peanuts." In Plantation, a small community just outside FOIT Lauderdale, it averaged "53 a year in property taxes" to pay tor the special assessment. In Dayton, he adds, the COSt was $3 to 55 per house- hold, but the city paid rhe tab. Newman also notes rhat rhese enclaves do not cre:J.tc the traffic problems many people fe.u because most of rhe traffic that had used these neighborhoods as short cuts remains on rhe freeway. In one instance, he says, traffic that city engineers teared mighr rise by 600 percent on adjacent streets insread rose only 20 percent. Newman charges that some of the previous traffic consisred of suburban com- muters "sropping on their way home for drugs and prostitution." After streer closure, he maintains, rhese people skip rhe area entirely. Reactions to Newman's proposals have varied. In Dayton's Five Oaks neighborhood, he says, the city embraced rhe idea in an eftorr to preserve an enclave of desirable housing for cicy and hospital employees who work downtown. The city has even made housing improvement loans available on a priority basis and implemented the plan wirhin just six months. Fort Lauderdale officials, however, fought Newman's proposal for Riverside Park, arguing that ir allowed rhe neighborhood associarion to controllalld use and become its own zoning power. b'entually, however, residents won the city's SUPPOIT. Newman says thar plan was attacked as "apartheid" but charges thar the crirics were slumlords who were letting their housing deteriorate. Noring thar their suit to block the project fuiled, he declares, 'The charge of racism has become the last refuge of scoundrels." As tor the obvious question ofwhar becomes of adjacenr communiries "outside the gates," Nev.'man simply suggests, "rhey can do the same thing." One critic who might beg to disagree is Mike Davis, a Los Angele. an:hilt"cL In City ofQltl1rtz.. published by Vintage Books in 1990. Davis describes the trend toward street enclosure and tight security in Los Angeles as a force thar is steadily destroying. nor enhancing, what remains of community lite in that city. Newman's thinking has changed on one point. In Sr. Louis, he nores. privare neighborhood associarions took over responsi- bility tor collecring the equivalent of rhe t<L'C rebates people Below, the tt/ley ,md garage,- tbat .folm tbt't'astern edge ofAtkmtis Group 5 Hawthorne Court. On the from cover, note difference in exterior between Hawthorne (right) tmd Park Ltme (upper middle). In the /owt? middle and left photo,- are Afitlrlli encl/1/J6--one gated, one b'lrricaded. ~ .c. }J, Ii: , . -~.....- f received for maintaining their own streets. But such associations wax and wane over time, he says, and maintenance suffers from the difficulties of entrusting fee collection and street repair bids to voluntary officers. The result has been a gradual decline in street maintenance. Today, he says, he would advocate keeping maintenance responsibilities in city hands while letting residents pay for the physical barriers that limit access. ~ Vngatlng the Entrance The idea of urban enclaves as a form of new development took hold in Chicago in 1985 with Atlantis Realty Group's 80-unit Hawthorne Court On the NOM Side. That development bunched 10 townhouses around each courtyard, with a fenced gate providing common entry. Harold Robinson, president of Atlantis, says the project sold out quickly and was well received by its neighbors (who even brought pies and cakes to a community presentation) because they realized it would probably increase property values. Those increases have resulted in higher taXes, however, and Robinson says he would not expect the same reception today. In both Hawthorne Coun and a subsequent townhome development, Park Lane, Atlantis had to resolve concerns about increasing the allowable density from the previous wning for single- family homes on individual lots. Atlantis also encountered problems with the local post office, which lacked enough numbers to accommodate the individual units with separate street addresses and wanted a single dropoff point, such as it would have in multifamily apanments under federal postal regulations. Robinson describes the approval process for such developments as a "tremendous P.R job" in which the developer must ease concerns about traffic and outward aesthetics before gaining site plan approval. "Neighbors ,like to.see trees," he notes. It is clear that Robinson's philosophy about the security of enclaves has changed. Hawthorne Coun, he admits, "turned its back" to adjacent industrial land uses and is very inwardly focused. Visitors must gain entry by first reaching residents through an inter- com system. But at Park Lane, he says, "we decided that the visibil- ity" of the central park around which the townhomes were built was sufficient to deter crime, although each unit still has its own security system. Outsiders, however, can walk freely through the entrance into the commons, at the center of which sits a small fountain. Other Chicago developers have also joined the enclave trend, offering townhouses and condominiums priced from $150,000 to $750,000. The Atlantis units range up to about $300,000. According to Robinson, the buyers are mostly young families with preschool children who value security within an urban environ- ment. Because of the poor quality of the city schools, Robinson says, these young couples tend to move to the suburbs when their children reach school age. The Good Life The Chicago enclaves and the newly closed urban streets represent the moderate end of the spectrum of security concerns. The upper end may be found in the Southwest and in reson communities where, in many respects, government has been privatized. Commu- nity associations collect fees and take responsibility for a range of services provided elsewhere by the city, such as internal street maintenance, garbage collection, and varying levels of security. Hilton Head Island, South Carolina, and Palm Springs, -:aIifornia, both were incorporated as municipalities after many of ,heir gated communities were built. In the former case, notes community development director Stephen G. Riley, the result has been a notion of "limited town government." In both cases, gated communities are not the exception but the norm. "Gated communities we kind of take for granted," says Richard Patenaude, the assistant planning director for Palm Springs. As a result, the city does not deal with them separately in its wning ordinance. Starred as a desen resort, Palm Springs has low density and few traffic problems. Patenaude says the city largely relies on its well-honed sense of aesthetics to evaluate architectural plans on a case-by-case basis. He defines that sense of aesthetics as "preserving views of the mountains" and "not being intrusive on the landscape." Interestingly, the aesthetics of nongated communities drove the incorporation of Hilton Head Island, according to community development director Stephen G. Riley. Such high-class resort developments as Sea Pines set the standard early in the 19508 for later gated communities, he says. But as Hilton Head's population grew from a few thousand to nearly 20,000 today, concern grew that development outside the gated communities was not maintain- ing the same standards. Since many of the residents of nongated areas are black and poor, incorporation and wning became in part a class issue, he rotes. Many of the town's longtime residents also resent being steadily priced out of their own community by developments for wealthier newcomers. Neither of these communities repon any contention over issues of taxation and city services. For the most pan, Patenaude and Riley say, the residents of gated communities do not mind paying property taXes for services that are more fully used by other residents while they also pay association fees for similar services. They largely view it as a reasonable cost for the privacy they cherish. There is, however, one issue that may cause future problems, in Riley's view. Should a major hunicane hit the area, he notes, the town might be severely restricted in its ability to aid the gated communities because, under federal rules, using public funds to aid such privatized communities could cause the town to forfeit disaster assistance from the Federal Emergency Management Agency. In addition, residential commu- nity associations in some states have lobbied for property taX rebates for the cost of services they have provided themselves. Hilton Head Island also faces unique problems of traffic conges- tion that produced a failed growth management initiative in 1985. The dozen gated communities that span the island make it impos- sible to establish a complete parallel road system to augment the Cross-Island Expressway, the one main anery that traverses the island. By their very nature, gated communities channel traffic on to main roads through limited entryways. This may not be a problem in a sprawling desen suburb like Scottsdale, Ariwna, whose gated communities, according to planning director Roben Cafarella, host many retirees and telecommuters. But it can be a serious problem on a coastal barrier island with heavy seasonal tourist traffic. Riley says the town is attacking this problem in two ways. First, it has drafted a wning code amendment that would block any development whose traffic increase would create at least a GO-second delay at local intersections or increase the highway's volume-to- capacity ratio above 1.0. The 1985 referendum, which Riley dubbed "a little extreme," would have halted all development on the island if traffic fell below level-of-selVice 0, a more stringent requirement. Second, the town will require new hotels and motels [0 locate within a shon distance of eating accommodations in order [0 reduce tourist traffic. One aspect of the [Own's wning code has caused problems that Riley says, in hindsight, probably could have been avoided. In adopting the code, the [Own "pretty much just recognized" the gated communities' existing master plans, which were never consistent in their level of detail. As a result, detailed and specific master plans now handicap the developers of some communities when they seek wning changes, while others have a freer hand to 3 Cl(/Mt.r.llll.. .'-iON alter their original planned uses. "It works to the advantage of those Who were less diligent," Riley notes, observing that residents watch proposed changes closely. "If we'd thought about that, we would have asked them to update those plans and make them conform to a single standard. " 'lite Illusion of Security There is little question that the security precautions of gated and enclaved communities all along the Spectrum add some measure of safety, both real and perceived, to the people who live in them. In the most upscale communities, particularly in resorts, residents are clearly seeking exclusivity as well. While there are Zoning and traffic-control' issues associated with these communities,. planners and public officials also must think about the larger questions of crime and personal security that these communities cannot resolve. Gated communities and urbari enclaves function within the context of all the problems of the cities and metropolitan areas within which they are devel- oped. While they can ameliorate soriie outside influences, they cannot eliminate them., not do they make life easier for those left outsf.dethe gates. For perspective, it may be worthconsideritlg a recerit article in Hdrper} ("Home, Safe Home," November 1992) aboutGreen Valley? Nevada, a large corporate development neat Las Vegas. The presidtnt of the community association, the story says, was arrested for allegedly burglariiing a model home. According to a local newspaper, he ran to hisown home, dropping his loot "piece by piece" until he hid in the attic. The ceiling cracked, arid he fell into the midst of the waiting police. Sometimes, this story might have said, when we meet the enemy, it is us. ~':::I~erl.. ....,..--. .- '-', . -'-'" . ,._ " ~ _ . u"" '.' .. '. _ - -, -, '. .- . . . . . Recently, thl': Planpini AdviSory Service has been getting questions about zoning fur mictobreweries. the latest trenditl the beer industry. ThQughavisit to t:helocal brew pub4<>es not carry the samepanacbe as,auip (0 Germany for Qct()ben6S,t,it ddinitely . ~~ cut:ibove .the 4~.~ sold~t the lqCalw;ltering hole. Microbrewe.,es ~~patrOns ~te good, 1000y br~~beer in,a casual,pub-like~tabJishment.MOS(alsoservc; food.. Bt,~ers take pride inilieir brews and often compete withoth~J: rnicrobiew~ries aroundth~coun~ry.ThesePlaCes .seek to <=apture th~ ~t of~r drinkers who are willing.tosptnd atra.money on(l!$te.They often attract tourisrs who regard the beers as samples oflocal cu!nge. Most have hdpedthe l~.econotny, with little Of no a.<.lverseimp~ct. To Zoning N",!s iH~Oflthly n~letter.publishedby the American' Planning Associa,ion. Subscription$are availablefor.$4'nU.S.) ~d $54 (fordgn). Israel StQlh"an, Execu,ive Direcrc>r; frankS. SQ. pepu'y Ex<<:utive Direc,or. Zoning NeWs is produced at APA. Jim Schwab. Editor; Michael Barrme, Luke Bogash. Fay Dolnick. MicheJl.e Gregory. Becky Maroor. Marya Morris, Amy Van Doren. Reporters; Cynthia Chcski~ Assistant- Editoc; Lisa Barton, Design and Production. Copyrigh, @1993 by American Planning Associa<ion. 1313 E; 60<h S,., Chicago. IL 60637: The Amei-ican Planning Assotia<ion has headquatters offices a' 1776 Massachuseus Ave.. N.W.. Washington. DC 20036. All righu reserved. No par< of <his publica<ion may be reproduced or u,;'liud in any form or by any means, electronic or mec~an_ical. including. p.hotocopying. recording. or by any information storage: and retrieval system, without permission in writing from the: American Planning Association. Prin,ed on recycled paper. including 50-70% r<cycled fiber and 10% posoconsumcr waste. (i) 4 750 ....--- ;or, l:~ learn how they are regulated, we. mailed arequest for information to cities we knew to have microbreweries. The results: San Diego has a number of microbrciveries bllt has no specific provisions fur them in its code. Most are classified as accessory uses to restaurants or entertainment facUities. The city has not yet experienced any problems specific to these facilities. Parking standards are determined by the restaurant's square footage. In Toronto, beer brewing falls into more than one category. The typical "brew pub" is defined as a restau/.'allt where alcohol and meals are served, and, as an accessory use, beer is brewed on the premises. Parking standards are not specifically addressed. Toronto trearsa "brewery" (something that does not provide a restaurant service) as permitted in most of its industrial distriCts. In this type of facility, the parking standards fur a "manufacturing plant" (one space fur every 200 square meters of floor area) are applied, Toronto has also seen the. rise of a.new beerindustry that can be described as phased beer processing. First, theUqu,ig beerC:xtract is prepared off site at an industrially zOo.ed.facil,ity. 'then it is brought to an outlet,where it is blended to the client's specifications with yeast and hops to make a five~ondnun of liql1id fertllent. Finally, the clients bottle and label the re11Ilefi,ted beer tlierrtselves in their own. establishment. This is how lIJany'hotise ~..;tre. . produced. The city had difficulty deciding how t6 c1assi1X th.e second and third phases of thispro~. Because adding yeast and bottling the product occur onsite, but theexttact is actually produced elsewhere, theSe types.of establishments can be permitted in commercially zoned areas. In Denver,brewetiesare allowed omy iI).the 1-2, heavy iIldustrial zone. The city currently has two small breweries, .both I9Cl~ed. in 1-2 zones. Denvds code also allows the "brew: pub" in its B~5(<.lown- town), B-7 (lower downtown), and Ifs (intensive commercial zone) districts. Denver defines a brew pub as "An eating place which includes the. brewing of~r as an:l.cccssory use. No mOre th;m~O percent. of the product, either itloottlesor kew, may ~.sq!4tooff., premises~tomers.. Not\VithstandiIl~' fi!ore 'r~tri~v~~J:o~jp~ of thechapt!=Ci such ac<;eSSory usemaYbCcupy upi.to20~r~ri~ofih~ gross floor area of the eating place." Denver has fOur brew: pubs, and parking standards correspond to the restaurant' s~quaref<:)()tage. In Carson City, Nevada, rnicrobrew:eries arebasicallyr~u- ranrs. A bre:wpubis defined ~a reiAAbusiness'YidirestaU{ai1t.ll.Se beingSl percent of gross floor at!=3andthe baraqdbreweo/~qot exceeding 49 perCent of the gross floor area. Parking is based oti t:l1e size of facility. .' .... ..... . Portl~d, Oregon, considers mi~robreweries eith~r ~." IIlari,u., facturingand production "usesor" restaurantltavern~uses', depending on their location. It allows them in employment and industrial zones as 'well a$ most commercial zones, where sql,lare . footage must be between 5,000 and 10,000 squar:e feet, dc.:pending on the intensity of the zone. Most of Portland's microbreweries are located in its "Pearl" district. This is a historicwarehol,l5,e district that hliScecently undergone a wave of rehabilitation to higher-intensity uSes, The mJcrobrewerybuildings, along with othet buildingS in the area like arr galleries and loft housing, are subject to historic design review. Parking requirements for Portland's microbreweries are one space per 750 square feet of floor area for lIJamlfactUring and production uses, These facilities are also subject to Portland's Off Site Impacts Code, which specifies maximum noise, odor. vibration. and glare levels. If the microbrewery use is classified as a "restaurant! tavern," it must provide one space for every 250 square feet. Some microbreweries are located in Portland's commercial and central service zones, which require no off-street parking. .... Michelle Gregory Please fence me in I csmonitor.com Page 1 of 4 from the August 06.2003 edition - http://www.csmonitor.coml2003/0806/p11s02-lihc.html Please fence me in The allure of gated communities is built on a simple premise: Gates keep criminals out and desirables inside. It's an idea that has appealed to many. But is it valid? By Ross Atkin I Staff writer of The Christian Science Monitor PONTE VEDRA BEACH, FLA. - For visitors to Marsh Landing development, stopping by to see a friend involves more than driving up to one of the large, expensive homes. The first stop comes at a gatehouse, where a guard checks the day's list of expected guests. Unanticipated visitors must wait until the guard calls the homeowner and gets clearance. Only then are approved guests issued orange passes that allow them to enter this private 1,1 DO-house neighborhood. The limited-access, or gated, lifestyle of Marsh Landing is one chosen by roughly half the residents in this region southeast of Jacksonville, Fla. The allure of such developments is built on a simple premise: Gates keep criminals out and desirables inside. It's a concept that has appealed to many over the years. Nationally, the number of people :' building or buying behind gates grew rapidly in the past few decades to about 4 million today, according to some estimates, with maybe twice as many behind walls or fences that give the appearance of being gated. And builders continue to construct gated communities. After all, by putting a gate on a new project, a developer can quickly and inexpensively make a statement with a memorable entrance. But gating has now lost some of its original cachet. Since gated communities are no longer new, they are not so special anymore. And they don't necessarily deliver the increased safety that attracted buyers in the first place. Urban planners and academics are also raising questions about the long-term social impact of gated neighborhoods: Will privatizing traditionally public spaces lead to an erosion of civic engagement? Will gates that clearly delineate neighborhood boundaries heighten the sense of social, economic, and racial divisions that already exist in society? And will children who grow up in gated communities come to depend on walls and gates for a sense of security? Questions like these hang in the air, waiting to be studied, as first-generation gated communities mature and new ones are created. Do gates provide safety? What has been answered, so far, is the question of whether gated communities provide the l-....._.l1n~m.. ^n~"..;+"... ^"...../')oo't 10 SU)h In 11 dYLlihr htm 1 /12/2005 Please fence me in J csmonitor.com Page 2 of 4 level of safety that has long been implied. The answer: not really. There is no definitive study, for example, that proves gating significantly lessens crime. The fact is, upscale communities like Marsh Landing generally are in areas that already enjoy low crime rates. What crime does occur here is limited to things such as vandalized mailboxes or garage thefts that insiders, including teens and contractors, are as likely to commit as anyone else. Living behind a gate does provide residents with a perception of greater safety, however, and it does discourage some criminals. "Just having the gates, psychologically, is going to deter some burglars," says Chris McGoey, a California-based security consultant. He acknowledges that the real focus in these places is on discouraging drive-through robberies, speeding, and unwanted traffic and solicitors. Regardless, many residents still say that they feel more secure, because the gates protect them in ways that are not immediately apparent. Seniors such as Cali McClure, a resident of Lake Barrington Shores in Lake Barrington, III., appreciate the presence of friendly guards at the entrance. "As a single woman, it's nice when you drive in late at night," she says. "It's just like somebody greeting you when you come home." And as Marcia Hodgson of Marsh Landing points out, the gates do provide more privacy. "You don't have people selling you vacuum cleaners or magazines or trying to talk you into their religion," she says. "And if somebody like the Girl Scouts come to your door, you know it's a kid from the neighborhood." For Dan MacDonald, a retired salesman from New York, Marsh Landing appealed because of "the landscaping standards and the look of it." Unlike unzoned areas where stately homes may sit alongside double-wide trailers with abandoned cars in the front yard, the subdivision, with its lagoons and carefully laid out green spaces, has the feel of a manicured private park. Even as gated subdivisions have lost their sense of newness in most parts of the country, they appear here to stay. This is partly because of their inherent appeal in a security- conscious culture, and partly because they project an air of exclusivity, which sells well in a society that imitates the wealthy. But while gated communities have not lived up to the hype, they may not deserve some of the criticism they have gotten, either. For instance, some experts have wondered if these communities might rally their residents to vote against tax hikes to fund needed community services and to pay for schools. Observes Bruce Maguire, a county commissioner representing Ponte Vedra Beach, "If you live inside a gated community, you have to ask yourself, 'Why would I want to pay another $500 a year in taxes, because [the local government] won't be paying for my streets, my park, my landscaping, so what benefit am I getting?' " Even so, Mr. Maguire says he has not seen the gated communities he serves acting as a monolithic voting bloc. Municipalities aren't in a hurry to create hurdles to gated development, since it means more tax revenue without the need to pay for streets and other infrastructure. This is why Tracy Gordon, an analyst with the Public Policy Institute of California, says gated 1 a . . If_______ ____ __:..__ ~~~ !"'I()()'l!()Q(){:;.!....l 1 C'()'Ll.hl' htm 1/1212005 Please fence me in I csmonitor.com Page 3 of 4 communities should retain their appeal in her cash-strapped state. Some governmental resistance to gates exists, but whether it constitutes a real countermovement is hard to tell. The main thing for some jurisdictions is to ensure that gated communities have sufficient reserves, lest they become overwhelmed by infrastructure repair costs and turn in desperation to public funding to bail them out. "Local governments are looking at these things and saying, 'If we allow these communities to have their own streets we may be inheriting a burden in the future, as the community ages,''' says Edward Blakely, coauthor of "Fortress America: Gated Communities in the United States." Another concern about gated communities has been that people who lived in them might disengage from the rest of the world. As Steven Bodzin of the Congress for the New Urbanism puts it, "Gated communities are seen as the ultimate manifestation of a lot of bad trends in American real estate, including increased segregation by income, the loss of true public space, the loss of the commons, where democracy is supposed. to flourish." Part of the American dream? But Sharon Aardal, who lives in the Blackhawk development in Danville, Calif., disagrees with that assessment. She enjoys "access to all kinds of things right outside the gates. I don't feel isolated in that sense at all." The main drawback she sees in living in a gated community is the perception others have, and she once did, that residents are snooty. ''That was my reluctance," she acknowledges, "but I found it's not that way at all. This is a delightful community." The American dream, says author Blakely, is to find a great neighborhood "because we really are a communal people. There's this urge to find the dream place, the dream house, the dream neighborhood. Gates give the illusion that somehow you can control this." Historically, walled cities were built to protect those in power and their communities. They can be traced, according to "Fortress America," to the Romans, who erected walled communities in England in 300 BC to maintain order. In the United States, gating dates to two periods of high immigration, says Blakely, who suggests that the influx of new peoples leads to efforts to insulate established residents. The first occurred in the late 1800s, when cities were industrializing, and the second was after the Vietnam War. Planned retirement communities in the 1970s helped drive gated- community development focused on lifestyle, prestige, and/or safety. Today gated communities are most prevalent in the Sunbelt states - Arizona, Texas, Florida, California. To counter the popularity of gated subdivisions, some urban designers are working on new models of community that emphasize compact, mixed-use development, walkable spaces, public commons, and interconnectivity between residential and commercial spaces. In Marsh Landing, people get together at individual homes or the golf club, where putting greens, not town greens, facilitate much of the social interaction. One resident without golfing privileges concedes, "We're living in a very nice place, but sometimes I feel like I'm living on an island." Full HTML version of this story which may include photos. graphics. and related links . .. "------- -----:..~- ~~~/,,){){)'l/()Q()h/nl1 c()')-lihr. htm 1/12/2005 Please fence me in I csmonitor.com Page 4 of 4 www.csmonitor.comICopyright @ 2003 The Christian Science Monitor. All rights reserved. For permission to reprint/republish this article, please email copyriQht(WcsPs.com 1_....... .11.._._.. M~~~;+~~ ~~...../,){){)'l/{)SU\~/n 11 cO? _11hi' htm 1/12/2005 TheNewsCourier.com - Homepage Page I Crime Behind the Gates By: Scott Price 9/17/04 The gates of Montclair Parc in Colleyville. Colleyville's gated neighborhoods of Thornbury and Montclair Parc have been hit with car burglaries recently, and some residents aren't happy with the response by the Colleyville Police Department. Kim Hamilton, president of the Thornbury Neighborhood Association, said the Thornbury subdivision was hit by car burglaries in June and then again this month. She said the Colleyville Police did not investigate. "They just came in, took their report and left," she said. Hamilton and her husband, Jim Hamilton, a former Illinois State Police officer, said they would like to see the Colleyville Police Department take some action. "I have been kind of disappointed about the attitude," Hamilton said. "I called the police and they didn't seem very interested. "I didn't really have a good feel about the conversation. There seemed to be a lack of concern. It seemed to be a big-city attitude." Colleyville Police Officer Bill Hudgins said several Colleyville neighborhoods have been hit by car and garage burglaries recently, including the gated neighborhoods Thornbury and Montclair Parco "Car burglaries are the hottest thing going, and that's not just in Colleyville," Hudgins said. Gated communities, however, are private property, according to Hudgins. "We don't patrol in those areas as much as other neighborhoods," he said. Because the streets within a gated community are private property, Hudgins said the police have less responsibility for those areas than public streets. Hudgins said that gated communities have their own security. "1ft lived in a gated community and my car was broken into, I would have a lot of questions for the head of securitY," he said. Randy Driver, president of Absolute Security Services, which provides security services for both Thornbury and Montclair Parc subdivisions, said he could not "go into details about our specific contractual duties," and said the homeowner's associations could provide "additional information." Robert Beall, president ofthe Montclair Parc Homeowner's Association, was unavailable for comment. In Thornbury, Hamilton's view differs from Hudgins explanation. "My understanding is that we [Thornbury homeowners] are responsible for the maintenance of the streets, but other than that, none of the city services are affected by the gated community aspect of the neighborhood," Hamilton said. "These services include utilities, fire, ambulance and police. "The gated community only limits the access to the neighborhood. We have security at the gate that screens access, but we have no security that patrols the neighborhood streets. We rely on the police for all normal calls - alarms, loud parties, emergencies, etc. - and we rely on them for this, too." Hudgins said the same level of service is not provided to gated communities as to other neighborhoods. For example, he said, "We don't respond to accidents in gated communities unless there is bodily injury." Hudgins said the burglaries in a gated community could have been committed by a friend of a resident, which would explain why the security guard allowed the person to enter the neighborhood. But Hudgins said the most likely explanation is the burglar jumped over the wall or fence surrounding the neighborhood. Hamilton said she is skeptical about burglars jumping the wall because of some of the items that have been stolen, such as golf club sets. "...0,..,..(\ 09/20/200409.06.17 am TheNewsCourier.com - Homepage Page 2 "It seems that items like that would at least leave marks or other clues," Hamilton added. She said the Colleyville Police could also check the security vehicle logs and compare them to the burglary timeline, which could possibly lead to the person or persons who committed the crimes. "We would like to see someone be the police officer and this gets under their skin and then do an investigation," she said. "I haven't seen any interest so far." nnp.TWO OQ/?0/?004 OQ Oil J 7 >1m Message Page 1 of2 Clayton Husband From: Clayton Husband Sent: Monday, September 13, 2004 7.35 pm To: Clayton Husband Subject: Emailing: hoa Gated Communities and Homeowner Associations by Evan McKenzie Political Science Department, University of Illinois at Chicago Homeowner associations, as I use the term, refers to the private governments set up by real estate developers to run common interest housing projects (CIDs), including planned unit developments of single family homes (PUDs), townhouses, and condominiums. Some people refer to all privately governed CIDs as "gated communities," others use terms like "residential private government," "homeowner association," "private community," and so forth. No matter what they are called, we are speaking of places with: --common ownership of real property, --interlocking sets of deed restrictions that limit the activities of residents in many ways, --a mandatory-membership homeowner or condominium association, and a --board of directors that serves as a private government. Increasingly these developments also feature various private security features along with more routine amenities like swimmint pools, golf courses, parks, and private streets. These associations also often provide many of the services that have historically been the province of local government-trash collection, street maintenance and lighting, security, snow and leaf removal, etc. There are an estimated 250,000 CIDs in the nation, housing as many as 50 million people. This is by far the fastest growing segment of the housing industry. In fact, in many rapidly growing parts of the country it is practically impossible to find affordable new housing that is not run by a homeowner association. I have been writing about homeowner associations since 1985. My book on the subject, PrivatoIJia: Homeowner Associations and the Rise of Residential Private Government was published by Yale University Press (link below) in 1994 in hard cover and 1996 in paper and was recently published in Japanese, with the Italian language edition expected soon. Links to a number of my articles on HOAs are below. I believe that the rise of homeowner associations is the most dramatic privatization of local government services that has ever happened in the nation's history. Yet, it has hardly been studied, and it has happened with practically no public discussion until recently, much less formulation of any coherent public policy to address the needs of CID homeowners and volunteer directors or the interests of the public at large. A. Gated Communities--During the 1990s, it became increasingly common for these CIDs to use various security measures such as: . Entry control: gates, guards, traffic barriers, key cards, etc. . Perimeter security: walls, fences, motion sensors, natural barriers such as water. . Internal surveillance: roving police patrols, video surveillance, alarm systems, and so forth. 0/1 A /"'IOOA Message Page 2 of2 All these measures constitute the "gated communities" phenomenon...coming soon to a development near you. While I do not support intrusive government regulation of CIDs, I believe there are two areas where l1ublic policy could improve their functioning. I call these areas "micropolitics" and "macropolitics." B. Micropolitics--This refers to the internal workings of homeowner associations as private governments. They tax and spend a tremendous amount of money every year and make decisions affecting the way owners can live in their homes. Currently the activities ofHOAs are not restricted by the need to comply with the Bill of Rights, because the law does not view them as governments--despite the fact that they do most of the things local governments do. But in the Twin Rivers litigation (see below) I am involved in a case that would extend state (not federal) constitutional rights to some New Jersey HOA residents. 1. See my article on Reinventing Common Interest Developments that was published in the Winter 1998 issue of The John Marshall Law Review (the legal cite is 31 John Marshall L..R. 397). It is is .pdf fonnat. 2. And, from the American Homeowners Resource Center website, read an edited version of the complaint in the case of Committee for a Better Twin Rivers v. Twin Rivers Homeowners Association. This case was filed by the American Civil Liberties Union in 2001, with Professor Frank Askin of the Rutgers University Law School representing the plaintiff. I am the plaintiff's expert witness. The case seeks to establish constitutional rights, under the New Jersey state constitution, for residents of a large, city-like HOA in New Jersey. C. Macropolitics-- This term refers to the relationship between homeowner associations and the larger community and society of which they are a part. 1. For a discussion of this set of issues, see my article on Homeowner Associations and California ~ 'llitics that was published in the September, 1998, issue of Urban Affairs Review. 2. I have another article that was published in Housing Policv Debate, in Vol. 14, Issues 1 and 2 (2003) on Common Interest Housing in the Communities of Tomorrow. This article deals with how I see HOAs fitting into the urban fabric in the years to come. 3. And I recently presented a paper on gated communities at a conference on "Gated Communities: Building Division or Safer Communities?" at the University of Glasgow. You can read that paper in .pdf form as well. It is called, Private Gated Communities in the American Urban Fabric: Emerging Trends in their Production. Practices. and Regulation. This will eventually appear as an article in the journal Housing Studies, is a special issue on private gated communities. The other papers from the Glasgow conference are described and linked at the web site of the Centre for Neighbourhood Research. Industry Organizations The Community Associations Institute, which is the pre-eminent organization representing the professionals who serve homeowner associations. CAI also has a sizable number of homeowner associations as members. It is active in training professionals and directors, publishing materials on this form of housing, and lobbying for various public policies related to CIDs. /"\/1 ,1/,,/"\(\,1 6. GATED COMMUNITIES Officer responsible City Streets Manager OlrecIor of Information and Planning Author Mike Calvert, Transport Planner- Policy, 001941-8611 Josie Schroder, Urban Oel;igner, 001941-8932 The purpose of this report is to seek comments and guidance from the Regulatory and Consents Committee ana situation which is arising where new residential developments have restricted access, These are known as "gated" communities. The Sustainabfe Transport and Utilities Committee has also received this report and the included recommendations. INTRODUcnON In the past six months a number of "gated" communities have been presented to Council officers through the pre--appHcation meetings of the subdIvisions consent process. It appears that developers, largely on the basis of overseas trends, are recognising that there may be an opportunity to sell safety and security to a niche market. Tho largest of the current "gated" community proposals may encompass over 70 sections. There has already been some discussion between Council officers as to the pros and cons of such communities. The conclusion has been reached that there should be Council guidance on this matter. DEFINITION OF A -GATED" COMMUNITY The definitions and perceptions of what constitutes a "gated" <:ommunity vary quite considerably. They range from purely visual elements such as a name plate at the entrance to the community, to a fully enclosed neighbourhood with a single controlled access point. They differ to the degree that public access is maintained and the nature and extent of common space/pubHc space ownership. The table below ouWnes the differing degrees to which a community maybe. perceived to be or is physically gated. Type Botmaary Road Access Notes A. Om~mental No marked Landmark gates Feature gates showing the subdivision name are gating boundary at entry placed at the major entries to give identity to a neighbourhood. B. Walled Opaque fence Open Fully walled subdivisions are a COfTVnon suburban subdivisions or wall f~ature in Western cities. Cars and pedestrians can enter. C. 9anicaded No marked Public streets Many cities balTicade streets creating OJI-de-s.acs streets boundary closed by within the grid as a form of traffic ~trol. .. fences and Pedestrian access is open. COI'ICI'E:te barriers O. Faux1)ated Opaque wall or Narrowed entry, Some subdivisions have ph~ical features that enbies fence removable look like guard houses or privateentrle8 to cheios,guard discourage unwanted vehicles from entering. house E . Parlially-gated No marked lift or swing Rural cottage subdivisions may feature gates that roads boundary ann are only closed for part of the year. Comnunities on reserves may have gates but no walls. Pedestrian access is open. F. Fully1)ated Natural features Lift or swing Prestige communities on islands, peninsulas, or roads like water or ann remote areas may limit access through combined ravines natural and man-made features. G. Restricted Fence or wan Gate with Suburban communiti~ may completely restrict entry bounded limited control public access: video or telephone systems may areas access aHow visitol's to be vetted ~yresidents. H. Restricted Fence or waR Gate with Suburban communities may completely restrict entry, guarded limited control public access: video or telephone systems may areas access; security aHow visitors to be vetted by residents. American- guards style 9fIted communities have guards at the gates or P8lrolllna the "premises.. Table 1: A typology or continuum of gated communities (Grant, 2003) Regulatory and Consents Committee Agenda 15 August 2003 .Gated. communities for ~e purpose of this discussion centres primarily on Type G - restricted entry bounded areas. They can be defined as a physical area that is fenced or waned off around the periphery, either prohibiting or controlling access to the area by means of a gate or barrier arm preventing access by car or fool Additionally, the area may have more extreme measures in place such as security cameras or guards patrolling the area. Within gated coltlmunities the roads are generally held in private ownership through a Bodies Corporate or siltlilar legal arrangement. The Bodies Corporate undertakes the management and maintenance of the shared space such as the road. Thus gated communities physi<:ally restrict a~ss so that space which isnonnally freely accessible to. the public is prlvatised, with the potential to exclude people from areas such as footpaths and street$, traditionally regarded as public spaces. CHRISTCHUROH EXAMPLES AND TReNDS In Christchurch a range of new developments are beginning to emerge that to soltle extent exhibit the characteri$tics of the .gated. community. (a) Retirement Complexes - there are a number of retirement complexes around the city, and whilst most of these do not. have physical barriers to entry they do havepsychologicaJ barriers, and the larger complexes (eg Grassmere and Barkers) also have intemat road networks. A gated community of approximately 65 units for older people (over 50) is under construction as part of a new large subdivision. This will have along private cul..<Je-sac with a security barrier across the entrance and a private bowling green and clubhouse. However, publiC pedestrian access is still available through the area. (b) Family Housing - in the upcoming stages of the same subdivision a number of gated enclaves are proposed. These comprise groups of sections ranging in number from nine to 70. A single entrance is planned for each group, controlled by a seCl,lrity gate. (c) Higher Density Housing - there are &everal apartment blocks around the city, particularly in the central area that have controlled access. . They differ from gated suburban communities apartment buildings as they exclude public access to private space of lobbies and courtyards rather than excluding people from traditi()nally public areas such as footpaths and streets. It is likely, given the incidence of gated communities in the United States and Australia as well as in other parts of New Zealand, that there will be an increasing number of proposals for such enclosed developments. Of immediate concem is the desirability or otherwise of gated roads serving a sizeable tract of conventional houses. There are currently no restrictions on the development of .gated'" suburbs in the City, other than a rule in the Subdivision section of the City Pian which reStricts development of rights of way for o)ler 15 units. The reasons for rules states that the restriction of 15 units has been imposed because ....where more than 150 trips per day are required, a road is necessary to ensure safe and efficient vehicular movement.'" The assessment matters consider the physical fonnation of the road. but dO not address other issues arising from .gated" aress. ISSUES THAT MIGHT ARISE WITH GATED COMMUNitiES Operational and Maintenance Issues · Servicing - There is a potential issue regarding the servicing of a large number of units for the collection of rubbish, mail delivery and meter reading. The community needs to either provide each of the service authorities with access to the area, which somewhat defeats the purpose of the gate, or make provision for these services at the gate; · Ownership of infrastructure - The Council affinned last year that it would accept responsibility for the maintenance and upgrading of sewers and stonnwater pipes over 150mm. Also where any property is further than 135 metres from a public street fire hydrant the Council requires a hydrant on a ROW, protected by an easement in favour of the Council with the Council owning and maintaining the line; · Emergency access - response times for fire, police and/or ambulance can be tonger unless the owners are Willing to also provide these services with 24 hour access to the -gated. area; · Maintenance - ensure that there is a proper management structure in place which can deal with the on-going issues of maintenance and also the replacement of infrastructure. This may otherwise be an issue which will come back to the Council in future years, as has happened with a number of rights of way around the city; Regulatory and Consents Canmittee Agenda 15 August 2003 . Queuing at the gate - the gates and the approach to them needs to cater for the queuing which will occur at peak times of the day without Impacting on the safety and efficiency of the public roads. Liability Issues. Enforcement of Speed Limits, Accidents on Roads There Is currently uncertainty as to who Is the road controlling authority in terms of the Transport Act and therefore who has responsibility for standards of traffic control devices such as speed limits, liability for crashes whiCh may occur on private roads and the enforcement of any of these devices. Bodies Corporate Issues A Bodies Corporate will need to be established to manage the private road and any other shared facilities. Bodies Corporate (or their equivalents) have proved problematic in New Zealand and overseas for a number of reasons. A paper on this subject was presented by Dr Ann Dupius and Professor Jenny Dixon to the Urbanism Downunder conference earlier this year. Among the issues of concern to the Council in relation to Bodies Corporate are: . Bodies Corporate seeking a reduction in rates because the Council's are not providing a full range of services; . Disagreement among individuals within the Bodies Corporate about the Jevel of maintenance they are prepared to pay for; . Bodies Corporate (or some members of them) seeking the Council is to adopt roads and other facilities further down the track when maintenance becomes a liability. The Council has had protracted dealings in a number of situations where residents seek to have private roads taken over by the Council. A number of which have been built to substandard widths. Resource Consent Issues These will arise in situations where the City Plan rules relate to building setbacks from legal. roads, given that theintemal roads of gated communities are not likely to have the status of legal road. There are expected to be other similar issues. WIDER ISSUES RELATED TO GATED COMMUNITES Safety and Security The primary appeal of the -gated" community is the idea of improved security and less vehipular traffIC, making them more pedestrian friendly and therefore safer. The gates are intended to keep out those people who could steal or damage residents' property or pose a threat to residents' ~afety. Security is a mix of perception and reality. If people feel safe and secure in streets they will use them more and this will In turn increase the safety and security within the whole neighbourhood. However, there is substantial evidence in the United States of America that there are still high rateS of burglary and vandalism occurring in many of the -gated. communities. Additionally, it is seen that -gated. communities do not promote a sense of community and neighbourliness that is often cited and while providing enhanced security within the waifs, are doing 80 at the expense of less security on the streel$ outside the neighbourhood. They can also promote a sense of unease in the rest of society by visually enforcing the concept that society Is unsafe and therefore you need to be waned off from it Sustainability Most -gated" suburbs have only one point of entry, forcing the number of aggregate kilometres driven to increase both within the community and where the -gated. community prevents direct external routes from being taken. Additionally, this may produce. higher capacity demands on external major thoroughfares and result in rising levels of air pollution. -Gated- communities can also reduce the level of permeability in the wider nelghbourhood preventing the establishment of safe, direct pedestrian and cycle routes. Social and Visual Issues There can be both positive and negative social and visual effects of -gated- communities. For example, where a comprehensive design is developed, a very high level of visual amenity can be achieved. However, unsightly boundary fences and the loss of passive surveillance over public space may be detrimental to the remainder of the community. Regulatory and Consents Committee Agenda 15 August 2003 Other social factors such. as freedom of choice, the encouragement of a sense of community and perception of safety, are other positive elements of the -gated- community. In one of the current subdivision pl'OpO$als discussed with Council officers, membership to a purpose built country club type complex is included with the purchase price of a residential section in the development While this may encourage the ideal of an interactive community, there are equally adverse effects that should be taken Into account both in terms of this approach and the wider issue of gated- communities. For example, the creation of exclusive communities and reduced interaction with the wider community. Additionally, having taken the responsibility for meeting the costs of the amenities provided in their developments, the residents of -gated" communities may be reluctant to support public services and amenities for others in the larger community. The generation of ethnic and class segregation are cited in much of the United States based literature on the topic. CONCLUSION The occurrence of -gated- communities is a matter that needs to be acknowfedged and debated in order to develop a Council position, since they could result in a range of problems and issues that the CounCil may ultimately have to assume responsibility for, particularly with regard to maintenance_ There are likeJy to be some types of -gated- communities which are appropriate and others which are not, depending on their size, location in relation to other property and community facilities, length of road, degree of private control ete. It would be prudent for the Council, at this stage, to develop a policy to guide decision making. Staff Recommendation: That the Council develop a policy on -gated" communities In conjunction with a strategy to support it, as a matter of urgency. 2. That a joint seminar be held with the Regulatory and Consents Committee and the Sustainable Transport and Utilities Committee as a first step to developing a policy on -gated- suburbs. 1. 3. That, in the interim, the Council wiD not generally support the use of gated private roads serving over 15 dwellings, unless they are part of a managed complex. Chalnnan's Recommendation: That a joint seminar of Regulatory and Consents Commlttee,"Sustainable Transport and Utilities Committee and Urban Planning and Growth ~peclal Committee be held with an Councillors invited. to discuss the development of a Council policy on -gated- communities. Regulatory and Consents Committee Agenda 15 August 2003 Survey of Collevville Private Street/Gated Entry Developments Please provide the following information. Name of HOA or development Be~ ~L,~ 1. Has your HOA established a reserve fund for the. maintenance and reconstruction of the private streets and drainage facilities within your development? . Yes -X NO Other (explain) 2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, are the funds accounted for separately from other funds? . Yes NO Other (explain) fl 0 p.lII.~ '~e ~ t..ou...~ L~ ,: B~ ~.... \\..C, ne- ~~ 3. If your HOA has a reserve fund for the ma.intenance and reconstruction of the private streets and drainage facilities within your development, what is the annual amount per lot contributed . to the reserve fund earmarked for street maintenance and reconstruction. ~ 7<r 4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the original design and construction of the street and drainage facilities? . Yes NO 'f1 Other (explain) Return by November 1, 2004 to: Bany LeBaron Development Director Cityof Colleyville 100 Main Street . Colleyville, TX 76034. Survey of Collevvifle Private Street/Gated Entry Developments Please provide the following information. Name of HOA or development: eLkl~,tr !-'-.A . I,J c-. / 1. Has your HOA established a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development? . Yes-X- NO Other (explain) 2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, are the funds accounted for separately from other funds? Yes.)!L NO Other (explain) 3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, what is the annual amount per lot contributed to the reserve fund earmarked for street maintenance and reconstruction. d 7~"- 4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the original design and construction of the street and drainage facilities? . Yes NO -X- Other (explain) Return by November 1, 2004 to: Barry LeBaron Development Director City of Colleyville 100 Main Street . Colleyville, TX 76034. Hov 02 04 12:05p Remin~ton Park Realt~ 817-581-4075 10/25/2084 08:89 9172820401 ~ SURVEYORS p.2 PAGE 02 SUl'YGY of Collevvllle Private SIreetIGated Entry ~loDments Please provide the following information. Name of HOA or development E",~~\ ~... ;{, ,. Has your HOA estabrlShed a teserve fund for the maintenance and reconstruction of the private streets and dtainage facilities within your deYeJop"ment? Yes l NO _ Other (explain) 2. If your HOA has a resents fund for the maintenance and reconstruction of 1he privata streets and drainage.fdties wilhin your development. are the funds accoun1ed for separately from other funds? Yes .::L. NO _ Other (expfain) ~ .1 4 . G-~-~~,\, ... 7. ~ f ~, '1 ~ h ~ "'-\\ .....t ~ ~'V......~ -t~ \.,). ~ \......" '""i ,~ ~(v.Q 3. .If your HOA has a reserve fund for rhe maintenance and rec:onslruetion d VIe private streets and drainage facifIties within your development. what is 1M annual amount per lot contnbuted tb the reserve fund earmarked for street maintenance and reconstruction. q ,~ 4. Has .your HOA ever employed an engineer to estimate the cOst of replacement based on the original design and construction of the street and drainage facifities? Yes-:A NO other (explain) ReWm by November 1, 2004 to: Barry LeBaron Development Director City of ConeyviJle 100 Main Street CoIleyville, TX 76034. Survey of Collevville Private Street/Gated Entry Developments Please provide the following information. Name of HOA or development: M p ",'1' c t.. A I ~ "'P A (2.. (!.. 1. Has your HOA established a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development? YesY NO Other (explain) 2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, are the funds accounted for separately from other funds? . Yes)( NO Other (explain) C~Il.Il.~"'7' P~NIJ 'OAL-A-NU /S # /'1/ ~ iF.ol> 3. .If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, what is the annual amount per lot contributed to the reserve fund earmarked for street maintenance and reconstruction. f3J. 'S-/ l./J"?, / 'teAIz. ( -f. 2/ ~pi:> / o/~ FPIl.. ?CJ l.b7'S J 4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the original design and construction of the street and drainage facilities? . Yes NO ~ Other (explain) tvG. !lAve N~ ~NE ;ttW &tJt:,11'I6G1-IIYt:i E.S7'JII'IlA'?e.i ~e~ .Ot?/t Sc.>f>fJJt/lfJ>N S7'IlGt".-rS Al<G C!-D",e(l.~-re. tuM/~1f .$/hVl./J c..lvl: TI-fG.JII1 A l-o~~ LIrE tv~'Z"# 1.1?''?'1-& 1'1 A., JJ7'GfoIA,;e6 ~yt1I/11le.J) -n:> AsllI;t!1z..-r S"1"#L~S. Return by November 1,2004 to: Barry LeBaron Development Director City of Colleyville 100 Main Street . Colleyville, TX 76034. Survey of Collevville Private Street/Gated Entry Developments Please provide the following information. Name of HOA or development: S q fJ (J 4, r ~ ~^Gl~~ 1. Has your HOA established a reserve fund for the. maintenance and reconstruction of the private streets and drainage facilities within your development? Yes NO ~ Other (explain) 2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, are the funds accounted for separately from other funds? . Yes NO n Other (explain) 3. .If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, what is the annual amount per lot contributed to the reserve fund earmarked for street maintenance and reconstruction. ;J IA 4. Has .your HOA ever employed an engineer to estimate the cost of replacement based o,n the original design and construction of the street and drainage facilities? . Yes NO ~ Other (explain) Return by November 1, 2004 to: Barry LeBaron Development Director City of Colleyville 100 Main Street . Colleyville, TX 76034. Survey of Collevville Private Street/Gated Entry Developments Please provide the following information. Name of HOA or development: S' he.. \',t11.C\.r ~k 1. Has your HOA established a reserve .fund for the. maintenance and reconstruction of the private streets and drainage facilities within your development? Yes ~ NO Other (explain) 2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, are the funds accounted for separately from other funds? . Yes X NO Other (explain) 3. .If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, what is the annual amount per Jot contributed to the reserve fund earmarked for street maintenance and reconstruction. -I'- ~ODO .. Oc.) / 7' r . 4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the original design and construction of the street and drainage facilities? . Yes NO)(.. Other (explain) Return by November 1, 2004 to: Barry LeBaron Oevelopment Director City of Colleyville 100 Main Street . ColleyvilJe, TX 76034. Survey of Collevville Private Street/Gated Entry Developments Please provide the following infonnation. Name of HOA or development: ~~ 1. Has your HOA established a reserve fund for the. maintenance and reconstruction of the private s~ts and drainage facilities within your development? . Yes L NO _ Other (explain) LtJ1 lvi~ 2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, are the funds accounted for separately from Otherfun~ . Yes -bL' NO _ Other (explain) tdL- IUlIl 3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, what is the annual amount per lot contributed to the reserve fund earmarked for street maintenance and reconstruction. . (I1{'; O() 4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the original design an7nstruction of the street and drainage facilities? Yes NO Other (explain) p~iJ ~~/~ Return by November 1,2004 to: Barry LeBaron Development Director City. of Colleyville 100 Main Street . Colleyville, TX 76034. rh(i: ;;:::;- lJz. {Je, jU6J; v.wku ~1l$\-fU~(~A . ~ Survey of Collevville Private Street/Gated Entry Developments Please provide the following information. Name of HOA or development: 11'L.o'o"l1o.vvy ~i o( ~ ~~ 1. Has your HOA established a reserve fund for the. maintenance and reconstruction of the private streets and drainage facilities within your development? . Yes / NO Other (explain) 2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development, are the funds accounted for separately from other funds? . Yes NO ~ Other (explain) 3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets and drainage facilities within your development. what is the annual amount per lot contributed . to thereserve fund earmarked for street maintenance and reconstruction. l15 4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the original design and fonstruction of the street and drainage facilities? Yes NO -J Other (explain) Return by November 1, 2004 to: Barry LeBaron Development Director City of Colleyville 100 Main Street . Colleyville, TX 76034. l8/25/2884 88:89 8172828481 Remin~ton Park Realt~ t4JAJ( ~ Oct 29 04 01:53p 817-581-4075 Survey of CoIIewIqe Private SIreetIGated Entry DweJoDments Please provfde the following information..~ _~ Name of HOA or- devefopment \ . , \ C~I\{ p.2 PAGE 82 1. Has your HOA estabfished a r8serve fund for the. maintenance a~ reconsfruction of the private S1reets and drainage faciDties within your development? Yes 1\. NO _ Other (explain) 2. If your HOA has a reserw fund for the maintenance and n;!CQI'IStruction of the private streets and drainage Iac;j/ities within ~ deYelcpmenl are the funds accounted for separatefy from other- funds? yes.J NO _ Other (explain) '-' f' -4- ..)~ "- J' I- f ...-X" f'-J ~"-~ . - '-lv,,~ 3. .If your HOA has a reserve fund for the maintenance and reconstrudion of the private streets and drainage faciities within your development. what Is the annuaJ amount per Jot contributed to the reserve fund earmarked for street maintenance and ntCOnSb'uction. '" -f ok> 4. Has your HOA ever employed an engineer to estimate the cOst of replacement based on the original design and construction of the street anc:t drainage fadfities7 Yes ^ NO Other (explain) Return by November' 1, 2004 to: Bany LeBaron Development. Director City of Co/feyvile 100 Main Slreet CoUeyvifle. TX 76034. Land Develooment Code City of Collevville. Texas Proposed Revisions 02/15105 Section 10-100 Purpose of This Chapter The purpose of this Chapter is to establish regulations for gated subdivisions and/or with privately owned streets. Section 10-105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the following authority: 4.A. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code. which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. ~~. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code. which authorizes a municipality to adopt ordinances. rules, or police regulations that are for the good government. peace. or the trade and commerce of the municipality. 3,g,. The Home Rule Charter of the City of Colleyville. which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 10-110 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Section 10-115 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Section 10-120 Applicability The reaulations contained in this Chapter shall be applicable to any proposed subdivision plat. or to any request to convert a public street to a private street. submitted for approval bv the City of Collevville after October 20. 1998. Section 10-125 ~Procedure ~A .^.IJ:FIIORITY City Council Approval Required - No existing subdivision shall convert any public street to a private street unless such request has been approved by ~ the City Council, after receiving recommendations from the Planning and Zoning Commission. aFl€l R9I€liFl~ a I'IblBli€l ReariFl~. Ras al'll'lrSvB€l may graFlt a VariaFl€lEil tEl allew 61l'1l'1reval sf a I'Ilat Elr rSl'Ilat Elf 61 SblB€livisi9Fl \'/RiQR iFl€llbl€les I'Iril,,'ate streets aFl€l EilFltraFl€le gate~. I'IrElvi€le€l tRat tRe sblB€livisieFl €leml'llies \./itR tRe miFlimblm Chapter 10 - Private Streets & Entrance Gates ...................... . Page 10 - 1 Land Develooment Code City of Collevville, Texas fe€lblirElR'ler;:!t~ Iistes eelEw ~Ibls ar;:!y EltRer reGlblifeR'ler;:!t~ se€lR'les ReGe~~arf ey tREl City CElblF-lGil iF-l ElfSer tEl ~reteGt ~b1eIiG RealtR aRs Sa~gti. Furthermore, no proposed subdivision plat shall include a private street unless such plat is approved by the City Council, after receiving recommendation from the Planning and Zoning Commission. The terms "private street" or "private streets" shall be inclusive of streets, alleys, storm drainage systems, entrance gates and structures. ~.B Public Hearinqs Required - A public hearing shall be required by the Planning and Zoning Commission and City Council for a request for a an existing subdivision proposing to convert a public street to a w+tR private streets R'lblSt ee reviev:es ey tRe PlaF-lF-liRQ aRs ZSRiRQ CElR'lR'li~~ieR ar;:!€! City CElblReil 't:itR eaeR BElSY RsIsiRQ a ~b1elie ReariRQ. Written notices of aU such public hearings shall be sem mailed to aU the owners of real property ~ situated within 200 feet of the proposed private street subdivision as listed on the last approved City tax roll \':itR ~ri'Jate street~. Such notices to be ~ mailed not less than ten (10) days before the day set for public hearing, as Ii~te€! Sr;:! tRe la~t a~~FElVEl€! City ta)( rell. Such notice may be served by depositing letters properly addressed and postage paid in the City Post Office. TRe a~~liGaF-lt VJill ee ~ElF-lt Reties ey reQistere€! R'lail. ~ PlaF-lF-liRQ aRs ZElRiRQ CElR'lR'lissieR will aet iR ar;:! asvise~y ea~aGity tEl tRe City CElblRGil iR tRi~ R'latter. /'. sblB€!ivisisr;:! \'JitR ~rivatEl ~trgets aF-l€! alleys is ~ElfR'litte€! sr;:!ly after a fiRal seGi~ieR Ras eS9R R'la€!e ey tRs City CElblReil tEl i~sbls a ~ri'JatEl street ~efR'lit. Section 10-130 Conditions of Approval 44.6.A Planninq Considerations - The followina criteria shall be used as auidelines in the review and approval of a private street subdivision. 1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used, maintained or constructed as private streets. 2. A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final plats. 3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on the City's most recent Park Plan. 4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty (80) feet of contiguous frontage upon a public street. 5. The proposed subdivision with private streets must be zoned for residential purposes in accordance with the Colleyville Land Development Code, and contain twenty-five ~) (25) single-family lots or greater. 4M.B Public Access Considerations - In addition to the above conditions of approval, the Planning and Zoning Commission may recommend denial and the City Council may reject a request for a subdivision with private streets if in the Commission's and Council's judgment the private streets would negatively affect traffic circulation on public streets, impair access to properties or future developments that are either on-site or off-site to the subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles. 4M.C Private Street and Drainaqe Desiqn and Construction Standards - Private streets must conform to the same standards regulating the design and construction of public streets contained in this Land Development Code. TRese staRsafss sRall iR€lbI€!e, Bblt are r;:!et liR'lite€! te tRe eer;:!eFElte ~tFget staRsarss, sRQiResriRQ €!ssiQr;:! QbliseliR9s aF-ls €sF-lstrbletieR star;:!sarss ar;:!€! €!etail~, ~trget r;:!aR'liRQ al1s as€!ressiRQ ~sliGY. The drainage system must meet all the requirements of public facilities in this Land Development Code, ir;:!elblsir;:!Q ~i2ir;:!Q ts €arry b1~streaR'l Isass, R'leteFEls €!i~QRarQes, et€. ........ ................................. .................... ................................ ................................................. Chapter 10 - Private Streets & Entrance Gates ................... Page 10 - 2 Land Develooment Code City of Collevville. Texas ~.D Traffic Siqns - All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic Control Devices. ~.E Homeowners Associations (HOA) Required - A subdivision developed with private streets must have a mandatory HOA which includes all properties served by the private streets. The association shall own and be responsible for the maintenance of the private streets and appurtenances. The association's document must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that the City has no obligation to maintain the private streets and drainage systems. The documents shall be filed of record prior to the approval of the final plat. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association must not be dissolved without the prior written consent of the City. No portion of the association's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the City. ~F Reserve Fund - The HOA shall establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities, and related appurtenances. The reserve fund should be accounted for separately from other funds maintained for annual operating expenses of the association in order to better demonstrate that the amounts deposited therein are intended for capital improvements. The HOA shall, no later than January 31st of each year, submit to the City a copy of the reserve fund statement for the preceding calendar year. The annual contribution to the reserve fund shall be a minimum of $75.00 per lot, or as otherwise determined by the City Council. The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. Tl::1e City r€l€ll.lires tl::1et tAB !><lOA empl€lY eR eR~iR8eFiR~ firm ts estimate tl::1e esst sf re~laeBmeRt eases SF! iF!flatisR, sri~iRal sesi~F! aRs eSF!strl.letisR aRs tAB a~e sf tAs faeilitiBs. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the completion of needed repairs by the City with an assessment of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority and shall not be amended without City approval. ~.G Private Street Lot - Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the City's standards for public street and alley right-of-way. An easement covering the street lot must be granted to the City providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers including telecable companies operating within the City. The easement must also provide the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. ~.H Construction and Maintenance Cost - The City shall not pay for any portion of the cost of constructing or maintaining a private street. ~.I City Utilities - Water, sewer, storm drainage facilities placed within the private street and alley lot shall be installed to city standards. After completion and acceptance of such facilities, the water and sewer facilities shall be dedicated to the city. All storm drainage facilities in the subdivision shall remain within the ownership and maintenance responsibilities of the HOA. All city regulations relating to infrastructure financing, performance bonds, developer cost participation and capital cost recovery shall apply to developments with private streets. Any and all city executable maintenance bonds covering subdivision construction shall be transferred to the HOA upon approval of the private street subdivision by the City Council. ~.J Plans & Inspections - Proposed subdivision with private streets must submit to the City the same plans and engineering information required to construct public streets, utilities and related appurtenances. Requirements pertaining to inspection and approval of improvements prior to the City's acceptance of the subdivision shall apply. Fees charged for these services shall also apply. The City shall have the right to inspect the private streets and related appurtenances at any time, and .................... .............................................................................. .................,...................................................... Chapter 10 - Private Streets & Entrance Gates Page 10 - 3 Land Develooment Code City of Collevville. Texas require the HOA to provide the repairs needed to ensure emergency access. The City Council shall be the final judge of whether such repairs are needed. 4M.K Access Restrictions - Guard houses, access control gates and cross arms may be constructed. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility services, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the HOA, subject to approval by the City Council. The HOA's documents must contain provisions in conformity with this paragraph which must not be amended without the written consent of the City. ~.L Restricted Access Entrance Desiqn Standards - Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it must have a minimum height above the road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, must meet City guidelines or policies and must be approved by the City prior to installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to being put into operation. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than 18 feet in width nor fourteen (14) feet in height. (0-00-1261/12/19/00) All restricted access entrances shall be equipped with the Opticom gate opening system. The system shall be maintained by the HOA in good working condition at all times. ~.M Visitor Entrance Desiqn Standards - At least one entrance per subdivision with private streets must be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in and automobile queuing. The City reserves the right to require the developer to provide a detailed study to determine if the traffic generated by the proposed development will warrant the call or code box to be set back greater than the 50 foot minimum requirement in order to ensure sufficient vehicle storage or queuing space. A turn-around space with a minimum outside radius of 30 feet must be located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn around space to prohibit vehicle parking in such space. Residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. ~.N Resident Onlv Entrance Desiqn Standards - In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing. Resident entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide a turn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors. ~.O Hold Harmless - The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss andlor personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private street lights, private entrance gates or Chapter 10 - Private Streets & Entrance Gates Page 1 0 - 4 Land Develooment Code City of Collevville. Texas structures, private walls or fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the subdivision with private streets by the City, its officers, agents, licensees, servants and employees for any purpose related to the exercise of a governmental function or service, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. ~.P Revocation of Private Street Permit - The City Council, after giving a sixty (60) day notice to the HOA, its successors or assignees and after holding a public hearing, may revoke a private street permit issued to a subdivision with private streets if the Council finds that the private street permit was obtained by fraud or deception, or if the HOA fails to provide reliable emergency access. The revocation of a private street permit shall give the City the right to inspect the private streets and levy an assessment upon each lot on a pro-rata basis for the expense of needed repairs. Said assessment shall constitute an assessment lien upon the lot against which each assessment is made. The City Council shall be the final judge of whether repairs are needed. The City shall also have the right to require, at the HOA's expense, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. If the permit is revoked, the HOA will forfeit to the City the remaining balance of the reserve fund established for the maintenance and improvement of all streets and utilities within the subdivision. If the reserve fund is insufficient, the lot owners will be assessed the difference for appropriate maintenance. The HOA's documents must provide for the City's right to require said assessment and removal of improvements. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. ~.Q Petition to Convert to Public Streets - The HOA may petition the City Council to accept private streets as public streets and right-of-ways upon written notice to all HOA members and upon receipt of the notarized signatures of 100% of the HOA's membership indicating approval. However, in no event shall the City be obligated to accept the private streets as public. Should the City Council elect to grant the petition, the City shall have the right to inspect the private streets and estimate the expense of repairing the private streets and removing gates, guard houses, access control devices, landscaping or other amenities located within the private street lot. The City shall be the final judge of whether repairs are needed to the private streets prior to acceptance. Before approval by the City Council, the petitioners or their designee must contract with the City for payment of 100% of the City's estimated expenses. ~.R Petition to Convert to Private Streets - The homeowners may petition the City Council to convert public streets to private streets upon written notice to all the neighborhood's members and upon receipt of the notarized signatures of 100% of the neighborhood's homeowners indicating approval. A subdivision petitioning to have private streets must have a mandatory HOA which includes all properties proposed to be served by the private streets. However, in no event shall the City be obligated to convert public streets to private streets. Should the City Council elect to grant the petition, the City shall receive documentation of an acceptable plan whereby a reserve fund of the appropriate amount is set up for implementation by the HOA. ~.S City Attornev Review - All HOA's documents must be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City policies prior to being filed of record at the County. The developer of a new subdivision shall pay for the cost of the City Attorney's review. ~.T Subdivision Plat Requirements - The plat dedication certificate and conditions of approval shown in the attached Exhibits "10-A" and "10-B" must be provided in all final plats for subdivisions with private streets." 10.6.U Permit Fee - To defray the cost of processing the application, and maintaining City owned electronic emergency equipment, a ~artially reflolRBaBle an application fee of $700 shall be paid prior to schedulinQ the application for public hearinQ ~re~eRteB b1~eR a~~li@ati9R fer a~~reval Elf a ~ri'Jate ~trs8t ~b1BBivi~ieR. If tRS a~~Ii@ati€lR i~ BBRieB BY City CElblR@il, $899 I; 1::1 all Be fefblRBsB tEl tREl a~~liQant." ...................... ......................... ............................,..,.....,....... Chapter 10 - Private Streets & Entrance Gates Page 10 - 5 Land Develooment Code City of Collewille. Texas EXHIBIT "10-A" PLAT DEDICATION CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: THAT , acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as , an addition to the City of Colleyville, Tarrant County, Texas, and does hereby dedicate to the public's use the emergency access and utility easements shown thereon subject to the conditions of approval stated herein. WITNESS MY HAND at Colleyville, Tarrant County, Texas, this day of ,199 . (provide name and title) EXHIBIT "10-B" CONDITIONS OF APPROVAL: 1. Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners Association (HOA) of . No building permit will be issued for Lot 1, Block A. 2. The landowners and any subsequent owners of lots shown herein (the DLot OwnersD), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the DAdditionD), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. 3. A HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities. 4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sewer systems in utility easements accepted by the City. 5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sewer systems in utility easements accepted by the City. 6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public Chapter 10 - Private Streets & Entrance Gates Page 10 - 6 land Develooment Code City of Collevville. Texas utility entity, including the City, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. 7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. 8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any purpose related to the exercise of a governmental service or function. 9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. 10. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the City Engineer and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. 11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. 12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: A) THE REASONABLE USE OF THE PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES; B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR C) ANY USE OF THE ADDITION BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH. Section 10-135 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number 0-00-1261 Date 12/19/00 Sub'ect Restricted Access Entrance Desi n Standards .................................."..................................... ....,............... ........................ Chapter 10 - Private Streets & Entrance Gates Page 10 - 7 ORDINANCE 0-05-1513 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 10, PRIVATE STREETS AND ENTRANCE GATES, OF THE LAND DEVELOPMENT CODE, TO ADD CLARITY TO THE REGULATIONS; 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 regarding private streets and entrance gates by adding clarity to the regulations; 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; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Land Development Code and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 10 - Private Streets and Entrance Gates of the Land Development Code, is hereby amended in its entirety and replaced to read as shown in the attached as Exhibit "A". Sec. 3. THAT Ordinance 0-00-1214, the Land Development Code of the City of Colleyville, as amended herein, shall remain in effect, except where Sec. 4. Sec. 5. Sec. 6. Ordinance 0-05-1513 Page 2 of 2 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 alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney Colleyville, Texas, land Development Code Proposed Revisions Section 10-100 Purpose of "Ehis Chapter The purpose of this Chapter is to establish regulations for gated subdivisions and/or with privately owned streets. Section 10-105 Authorization for Adoption of "Ehis Chapter The regulations contained in this Chapter have been adopted under the following authority: A. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. B. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 10-110 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Section 10-115 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Section 10-120 Applicability The regulations contained in this Chapter shall be applicable to any proposed subdivision plat, or to any request to convert a public street to a private street, submitted for approval by the City of Colleyville after October 20, 1998. Section 10-125 Procedure A City Council Approval Required - No existing subdivision shall convert any public street to a private street unless such request has been approved by the City Council, after receiving recommendation from the Planning and Zoning Commission. Furthermore, no proposed subdivision plat shall include a private street unless such plat is approved by the City Council, after receiving recommendation from the Planning Chapter 10 - Private Streets & Entrance Gates Page 10 - 1 Colleyville, Texas, land Development Code and Zoning Commission. The terms "private street" or "private streets" shall be inclusive of streets, alleys, storm drainage systems, entrance gates and structures. B. Public Hearinas Reauired - A public hearing shall be required by the Planning and Zoning Commission and City Council for a request for an existing subdivision proposing to convert a public street to a private street. Written notice of such public hearings shall be mailed to the owners of real property situated within 200 feet of the proposed private street subdivision as listed on the last approved City tax roll. Such notice to be mailed not less than ten (10) days before the day set for public hearing. Such notice may be served by depositing letters properly addressed and postage paid in the City Post Office. Section 10-130 Conditions of Approval A. Plannina Considerations - The following criteria shall be used as guidelines in the review and approval of a private street subdivision. 1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used, maintained or constructed as private streets. 2. A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final plats. 3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on the City's most recent Park Plan. 4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty (80) feet of contiguous frontage upon a public street. 5. The proposed subdivision with private streets must be zoned for residential purposes in accordance with the Colleyville Land Development Code, and contain twenty-five (25) single- family lots or greater. B. Public Access Considerations - In addition to the above conditions of approval, the Planning and Zoning Commission may recommend denial and the City Council may reject a request for a subdivision with private streets if in the Commission's and Council's judgment the private streets would negatively affect traffic circulation on public streets, impair access to properties or future developments that are either on- site or off-site to the subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles. C. Private Street and Drainaae Desian and Construction Standards - Private streets must conform to the same standards regulating the design and construction of public streets contained in this Land Development Code._ The drainage system must meet all the requirements of public facilities in this Land Development Code. D. Traffic Sians - All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic Control Devices. E. Homeowners Associations (HOA) Required - A subdivision developed with private streets must have a mandatory HOA which includes all properties served by the private streets. The association shall own and be responsible for the maintenance of the private streets and appurtenances. The association's document must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that the City has no obligation to maintain the private streets and drainage systems. The documents shall be filed of record prior to the approval of the final plat. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association must not be dissolved without the prior written consent of Chapter 10 - Private Streets & Entrance Gates Page 10 - 2 Colleyville, Texas, land Development Code the City. No portion of the association's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the City. F. Reserve Fund - The HOA shall establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities, and related appurtenances. The reserve fund should be accounted for separately from other funds maintained for annual operating expenses of the association in order to better demonstrate that the amounts deposited therein are intended for capital improvements. The HOA shall, no later than January 31st of each year, submit to the City a copy of the reserve fund statement for the preceding calendar year. The annual contribution to the reserve fund shall be a minimum of $75.00 per lot, or as otherwise determined by the City Council. The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the completion of needed repairs by the City with an assessment of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority and shall not be amended without City approval. G. Private Street Lot - Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the City's standards for public street and alley right-of-way. An easement covering the street lot must be granted to the City providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers including telecable companies operating within the City. The easement must also provide the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. H. Construction and Maintenance Cost - The City shall not pay for any portion of the cost of constructing or maintaining a private street. I. City Utilities - Water, sewer, storm drainage facilities placed within the private street and alley lot shall be installed to city standards. After completion and acceptance of such facilities, the water and sewer facilities shall be dedicated to the city. All storm drainage facilities in the subdivision shall remain within the ownership and maintenance responsibilities of the HOA. All city regulations relating to infrastructure financing, performance bonds, developer cost participation and capital cost recovery shall apply to developments with private streets. Any and all city executable maintenance bonds covering subdivision construction shall be transferred to the HOA upon approval of the private street subdivision by the City Council. J. Plans & Inspections - Proposed subdivision with private streets must submit to the City the same plans and engineering information required to construct public streets, utilities and related appurtenances. Requirements pertaining to inspection and approval of improvements prior to the City's acceptance of the subdivision shall apply. Fees charged for these services shall also apply. The City shall have the right to inspect the private streets and related appurtenances at any time, and require the HOA to provide the repairs needed to ensure emergency access. The City Council shall be the final judge of whether such repairs are needed. K. Access Restrictions - Guard houses, access control gates and cross arms may be constructed. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility services, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the HOA, subject to approval by the City Council. The HOA's documents must contain provisions in conformity with this paragraph which must not be amended without the written consent of the City. L. Restricted Access Entrance Desiqn Standards - Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it must have a minimum height above the road surface as Chapter 10 - Private Streets & Entrance Gates Page 10 - 3 Colleyville, Texas, Land Development Code required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, must meet City guidelines or policies and must be approved by the City prior to installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to being put into operation. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than 18 feet in width nor fourteen (14) feet in height. (0-00- 1261/12/19/00) All restricted access entrances shall be equipped with the Opticom gate opening system. The system shall be maintained by the HOA in good working condition at all times. M. Visitor Entrance Desiqn Standards - At least one entrance per subdivision with private streets must be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in and automobile queuing. The City reserves the right to require the developer to provide a detailed study to determine if the traffic generated by the proposed development will warrant the call or code box to be set back greater than the 50 foot minimum requirement in order to ensure sufficient vehicle storage or queuing space. A turn-around space with a minimum outside radius of 30 feet must be located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn around space to prohibit vehicle parking in such space. Residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. N. Resident Onlv Entrance Desian Standards - In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing. Resident entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide a turn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors. O. Hold Harmless - The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss andlor personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private street lights, private entrance gates or structures, private walls or fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the subdivision with private streets by the City, its officers, agents, licensees, servants and employees for any purpose related to the exercise of a governmental function or service, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. P. Revocation of Private Street Permit - The City Council, after giving a sixty (60) day notice to the HOA, its successors or assignees and after holding a public hearing, may revoke a private street permit issued to a subdivision with private streets if the Council finds that the private street permit was obtained by fraud or deception, or if the HOA fails to provide reliable emergency access. The revocation of a private street permit shall give the City the right to inspect the private streets and levy an assessment upon each lot on a pro-rata basis for the expense of needed repairs. Said assessment shall constitute an assessment lien upon the lot against which each assessment is made. The City Council shall be the final judge of whether repairs are needed. The City shall also have the right to require, at the HOA's expense, the removal of Chapter 10 - Private Streets & Entrance Gates Page 1 0 - 4 Colleyville, Texas, land Development Code guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. If the permit is revoked, the HOA will forfeit to the City the remaining balance of the reserve fund established for the maintenance and improvement of all streets and utilities within the subdivision. If the reserve fund is insufficient, the lot owners will be assessed the difference for appropriate maintenance. The HOA's documents must provide for the City's right to require said assessment and removal of improvements. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. a. Petition to Convert to Public Streets - The HOA may petition the City Council to accept private streets as public streets and right-of-ways upon written notice to all HOA members and upon receipt of the notarized signatures of 100% of the HOA's membership indicating approval. However, in no event shall the City be obligated to accept the private streets as public. Should the City Council elect to grant the petition, the City shall have the right to inspect the private streets and estimate the expense of repairing the private streets and removing gates, guard houses, access control devices, landscaping or other amenities located within the private street lot. The City shall be the final judge of whether repairs are needed to the private streets prior to acceptance. Before approval by the City Council, the petitioners or their designee must contract with the City for payment of 100% of the City's estimated expenses. R. Petition to Convert to Private Streets - The homeowners may petition the City Council to convert public streets to private streets upon written notice to all the neighborhood's members and upon receipt of the notarized signatures of 100% of the neighborhood's homeowners indicating approval. A subdivision petitioning to have private streets must have a mandatory HOA which includes all properties proposed to be served by the private streets. However, in no event shall the City be obligated to convert public streets to private streets. Should the City Council elect to grant the petition, the City shall receive documentation of an acceptable plan whereby a reserve fund of the appropriate amount is set up for implementation by the HOA. S. City Attornev Review - All HOA's documents must be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City policies prior to being filed of record at the County. The developer of a new subdivision shall pay for the cost of the City Attorney's review. T. Subdivision Plat Requirements - The plat dedication certificate and conditions of approval shown in the attached Exhibits "10-A" and "10-B" must be provided in all final plats for subdivisions with private streets." U. Permit Fee - To defray the cost of processing the application, and maintaining City owned electronic emergency equipment, an application fee of $700 shall be paid prior to scheduling the application for public hearing." EXHIBIT "10-A" PLAT DEDICATION CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: THAT , acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as , an addition to the City of Colleyville, Tarrant County, Texas, and does hereby dedicate to the public's use the emergency access and utility easements shown thereon subject to the conditions of approval stated herein. WITNESS MY HAND at Colleyville, Tarrant County, Texas, this day of ,20 . Chapter 10 - Private Streets & Entrance Gates Page 10 - 5 Colleyville, Texas, Land Development Code (provide name and title) EXHIBIT "10-B" CONDITIONS OF APPROVAL: 1. Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners Association (HOA) of . No building permit will be issued for Lot 1, Block A. 2. The landowners and any subsequent owners of lots shown herein (the Lot Owners), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the Addition), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. 3. A HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities. 4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sewer systems in utility easements accepted by the City. 5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sewer systems in utility easements accepted by the City. 6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. 7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. 8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any purpose related to the exercise of a governmental service or function. 9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. 10. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the City Engineer and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The -construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. 11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. Chapter 10 - Private Streets & Entrance Gates Page 1 0 - 6 Colleyville, Texas, Land Development Code 12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: (A) THE REASONABLE USE OF THE PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES; (B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR (C) ANY USE OF THE ADDITION BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH. Section 10-135 Amendments to Ihis Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subiect 0-00-1261 12/19/00 Restricted Access Entrance Design Standards 0-05-XXXX 03/01/05 Revisions to entire Chapter Chapter 10 - Private Streets & Entrance Gates Page 1 0 - 7 CITY COUNCIL ciry Of cce", TC'x~$ AGENDA BRIEFING MEETING DATE: 03/01/05 ITEM # : 5 ORDINANCE # : I 0-05-1514 I CITY MANAGER I DEPARTMENT HEAD i FINANCE REVIEW i Previous Action: 2/15/05 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Rustic Oaks Addition, located at 5512 Valley View Drive West, Case Z-05- 005 Second Reading and Public Hearing Update The attached Ordinance 0-05-1514 incorporates the minor changes recommended by the new city attorney, Mathew C. G. Boyle. The changes make no substantive modifications to the intent of the ordinance. First Reading and Public Hearing Backqround Bill and Kim Nash are the owners of a 0.69 acre lot located at 5512 Valley View Drive West, which contains their single-family residence. Mr. and Mrs. Nash would like to construct an accessory building on the property. However, the proposed size of the building exceeds the maximum size allowed by the Land Development Code. The owners have applied for a Special Use Permit (SUP) to construct the accessory building on the property. The existing house on the property does not have a garage and the accessory building that previously served as their garage has been demolished as a requirement of their homeowner's insurance due to its deteriorated condition. The owners propose to construct a 1,400 square foot accessory building, which would be constructed of metal siding and include two roll-up garage doors. The location of the building is proposed for the rear of the lot. The accessory building regulations contained in the Land Development Code include maximum size and location standards. The maximum allowed size of an accessory building is based on the size of the lot. For lots between 0.5 and 0.99 acres in area, the maximum size of all accessory buildings is limited to a total of 1,000 square feet. The applicant's lot is 0.69 acres in size. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. The items shown in bold-italics are those items that do not meet the criteria. Agenda Briefing Ordinance 0-05-1514 Page 2 of 2 ACCESSORY BUILDING ZONING COMPARISON Category Accessory Building Requirement Applicant Proposal 1. Maximum Size 1,000 sf for lots between 0.5 and 1,400 sf 0.99 acres in size 2. Max. Number of Buildings 3 1 3. Side Setbacks 7 feet 7 feet on north side 4. Rear Setback 7 feet 30 feet 5. Max. Height 35 feet complies Staff mailed notices to 29 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. Staff has not received any correspondence regarding this request. The contractor hired by the property owners to construct the accessory building anticipated a four or five day turn-around time to receive a building permit and was not aware of the Special Use Permit requirements for large accessory buildings and the lengthy process involved in obtaining Planning and Zoning Commission and City Council approval. Consequently, the property owners secured financing on the proposed accessory building and are anxious to start construction, since they are unable to store their vehicles out of the weather. To accommodate the property owner's time constraints, the recommendation from the Planning and Zoning Commission will not be available until after the February 14, 2005 meeting, when the Planning and Zoning Commission considers this request. Recommendation Approval, subject to any conditions recommended by the Planning and Zoning Commission. Attachments · Location Map · Aerial Photo · Plat of property · Site Plan · Building Elevation Drawings · List of Property Owners Notified · Ordinance 0-05-1514 Location Map .",....i.".""t~.."m- - -""'....-... ...,,-..-.......- .." ~'~~,~--- ..........,..,_.,"---_.. I \ .~... L._L__L____ -f::f~~:_.-.-Rif20- ,0: , . ' Aerial Photo Plat of Property ~ , I .~ .f 0 (~ " ~ ~ () .... ..... ~ - .~ - I --r .. ~ i j \ I,' .1. 2ii-.', ,-' . 1/ .. r . ." , .. ... . 1 t ~ ., , . .\ ., . .4- '''- ~~.-....,.'.>t-,.. --.=z,p"" ~"" I r!>>J L~""" '.. -~~~.~, / .. .,;; .;: · "1 t.i ( .. .. ~ J ~ I I ..,.. . . .- ~ ~ 'II.....~all .,! 11":' ,~. . .;J!"L. WJ . ~'~9; - ~ ,~'-:r, ,.,"1' .,..? - - -r ,-- i~ I'i' I . I ' :: 1 , . 1 i , , ". ~... ~ .-. ........... ~ -~_.~,-- - -..- "lIO J. 'Y'T1t1,. )ftfO . Site Plan - - - - ~.:.~- ~~ - - ':'E~'.""'L'4'.:.O:-:__~ ~Ii~- -~.L~- ~-~ ~I -~ ~ ~ I I 1 " I jo. . ~ J ~"" )., .. ;."'" Proposed 1 ,400 s.f. accessory building LOT ;) I ,I ~T ~ '" . (l}':O:: ~iI'(::-- .,q ItCIIES ., P~l:;L 1" II!" .L ..." . - ...'. ... J . '. """.'-"' ';',; , .-,-, ,....- ..~... ~ '\~" -- - -- - --..-- _.- --------------- - - - - --'- --- Building Elevation Drawings ..' ... .-',,--,. . .... -'.... - ~.- ~== ,," ., I '1 r-- 1 .~ I I I I l i i I I i I 1 i - ...,~. : ( U; ~ , \0'----; . I () \~O , -- -- '3(;0 ~Q'O: .... ~ ~ _. ~'.. -+_. - ~o' - - 3.O."JD I \~o" SraL ~OR , I 1 ! 1 I I I i I - . .- - -- -~~ - r t<". II~~ 4 Si d..,.'AU .ElL.ul~__.__._.____. _ 4 Z-05-005 Devereaux, Walter J 5608 Oak Top Drive Colleyville, TX 76034 Phillips, Gary W etux Teresa K 216 Valley View Drive North Colleyville, TX 76034 Edwards, H G 5513 Valley View Drive W Colleyville, TX 76034 Ellis, David William 5501 Valley View Drive W Colleyville, TX 76034 Beard, Thomas G etux Angie M 5508 Oak Hills St. Colleyville, TX 76034 Wood, Jeffrey K etux Darlene J 205 Valley View Drive N Colleyville, TX 76034 Nash, William etux Kimberly, applicants 5512 Valley View Drive W Colleyville, TX 76034 Phillips, D Michael etux Robyn 5504 Valley View Drive W Colleyville, TX 76034 Brock, Johnnie c 5505 Oak Hills Drive Colleyville, TX 76034 ( Puckett, Grant S. 5600 Oak top Drive Colleyville, TX 76034 French, Troy C etux V onolia J 5612 Oak Top Drive Colleyville, TX 76034 Dumas, Berlan etux Pauline 5601 Valley View Drive W Colleyville, TX 76034 Bauder, Calvin R & alice J 5509 Valley View Drive W Colleyville, TX 76034 Brimer, Allen A 5600 Oak Hills St. Colleyville, TX 76034 Ostrow, Samantha A 5504 Oak Hills St. Colleyville, TX 76034 Johnson, Howard G etux Wanda L 5600 Valley View Drive W Colleyville, TX 76034 Brady, Christopher 5508 Valley View Drive W Colleyville, TX 76034 Easterling, Alford G 5500 Valley View Drive W Colleyville, TX 76034 Brock, Maria D etvir John Ray 5505 Oak Hills Drive Colleyville, TX 76034 Hinkle-Morrison, Sandy L. 5604 Oak Top Drive Colleyville, TX 76034 Nemergut, S P etux Carleen W. 5700 Oak Top Drive Colleyville, TX 76034 McHorse, Patrick etux Leah 5517 Valley View Drive W Colleyville, TX 76034 Worachek, John R Jr & D Mosher 5505 Valley View Drive W Colleyville, TX 76034 Kolanowski, Ann etvir Leonard 5512 Oak Hills Drive Colleyville, TX 76034 Sparks, Bentley Ernest 201 Valley View Drive N Colleyville, TX 76034 Garcia, Cynthia Amaro 5516 Valley View Drive W Colleyville, TX 76034 Ottwell, Roby etux Joreen 5504 Valley View Drive W Colleyville, TX 76034 Numann, Lindell Edward 5501 Oak Hills St. Colleyville, TX 76034 Humphrey, Dwayne L 5509 Oak Hills St. Colleyville, TX 76034 ORDINANCE 0-05-1514 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 5, BLOCK 3, RUSTIC OAKS ADDITION; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Bill and Kim Nash on January 14, 2005, under Case No. Z-05-005; 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 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; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 5, Block 3, Rustic Oaks Addition, by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed one thousand four hundred (1,400) square feet. b. The location of all buildings shall be consistent with the site plan Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-05-1514 Page 2 of 2 attached as Exhibit "B". c. The building elevations shall be consistent with the drawing attached as Exhibit "C" d. The accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. e. All exhibits hereto are incorporated herein by reference. 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 except as amended by this ordinance, the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect. 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 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT A - ZONING MAP to' .:t. EXHIBIT B - SITE PLAN .,. 'ioI aRrl ;.. "",,-an Ri::siDd''Cf ..' .. .I / :-'1' [1' (Ii.;c ~"";:: .:.n:"", 24~O~___~~~~__~_~_~_ . , . s 9 - ...,'" -~ "" ",'" ~.", Proposed 1,440 s.C. accessory building 'f" LOT ;-) .,q ~ '~ ,.I -- - -- - ------ _.- ----.-.---.-- - - - - ----- '~"-!:"'. ",... ~ \" ~I ~ , , ;; ,I ~ I ~ I \i.. '. I I J EXHIBIT "e" - BUILDING ELEVATION DRAWINGS ..J.- luL..__ .~""';... - ~-. ~. : I _I I I I i .. .. i T I I i I I ! ;. I .. J i i ! i - ..., I : I ",' \0' --i i < ~ I; . j \t>O . I II 1 W. .. - '3(;0 ----...--- ,\\)l~: ~ .~ .. .. .'.,.... .. -.. i~ - .. 3.0.1D I \Qo" ST"'L Doo~ , L i 1 ! I , I i. 1 I .. .. - - -- - '-'- . , ~l~ ~ 5; de 1.1111. ~.DIL...__. ...__._. _ elTyeOUNelL v~ AGENDA BRIEFING ~~il~ 1"L~:"La :; MEETING DATE: ITEM#: ORDINANCE # : 03/01/05 6 0-05-1515 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW! Previous Action: 02/15/05 DEPARTMENT: ENGINEERING SUBJECT: Approval of a City-Developer Agreement with ICI Development, LLC, for the Beldon Hollow subdivision Update The attached Ordinance 0-05-1515 incorporates the minor changes recommended by the new city attorney, Matthew C.G. Boyle. The changes make no substantive modifications to the intent of the ordinance. Second Reading and Public Hearing First Reading and Public Hearing Backqround During the zoning hearings for the Beldon Hollow subdivision, the City Council discussed the need for increased detention in this area. In July 2002, the City Council approved Ordinance 0-02-1344, which includes zoning for this subdivision. This ordinance states that the developer shall over-size the detention facilities on the property to the extent deemed necessary by the City. The City shall pay any additional construction costs for the over-sizing of the detention facilities. City participation was estimated at $50,000. In September 2002, the City contracted with Goodwin & Marshall, Inc., to prepare a flood study to aid in determining the proper amount of increased detention. Construction of the detention facilities is now complete, and the developer has requested in writing, reimbursement for the over-sizing. The developer has also submitted copies of invoices for actual work completed to the Engineering Department. Staff has reviewed the invoices and determined the City's participation to be $50,000. Financial Impact Reimbursement is available through a refund of the $50,000 from the perimeter street fees escrowed for this development. Recommendation Approval Ordinance 0-05-1515 Page 2 of 2 Attachments · Ordinance 0-02-1344 · Goodwin and Marshall Letter dated February 9,2005 · City-Developer Agreement · Ordinance 0-05-1515 ORDINANCE 0-02-1344 N ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND HANGING THE ZONING OF A 16.128 ACRE TRACT OF LAND OUT OF THE IMON COTRAIL SURVEY, ABSTRACT 328, FROM THE R40 SINGLE AMIL Y RESIDENTIAL DISTRICT TO THE PUD-R PLANNED UNIT EVELOPMENT -RESIDENTIAL DISTRICT; PROVIDING A NON- EVERABILlTY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS NO AUTHORIZING PUBLICATION. an application for a zoning change was filed by ICI Development on April 12, 2002, under Case No. Z-02-013; and the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY F COLLEYVILLE, TEXAS: 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"l and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the R40 Single Family Residential district to the PUD-R Planned Unit Development-Residential district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT this PUD-R shall be subject to the following conditions: 1_ GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 0.99 dwelling units per acre. Ordinance 0-02-1344 Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions, as shown in the Conceptual Site Plan attached as Exhibit C. a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line 25,147 square feet 28,734 square feet 1 00 feet 125 feet 30 feet 1 0 feet 25 feet 4. OPEN SPACE a. This development shall provide a minimum of twenty-three percent (23%) of the project area as common open space 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. The common open space may be utilized for storm water detention purposes. 5. SITE PLANS AND PLATTING 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: (1) obtain approval of a final plat of the property to the requirements of the Colleyville Land Development Code, and (2) over-size the detention facilities on the property to the extent deemed necessary by the City. The City shall pay Ordinance 0-02-1344 Page 3 of 4 any additional construction costs for the over-sizing of the detention facilities. b. The subdivision layout shall be generally consistent with the Conceptual Site Plan attached Exhibit "C", which shall be considered the preliminary plat and conceptual only. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. 6. SIDEWALKS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 7. STREETS AND ENTRYWAYS a. All street rights-of-way within the subdivision shall provide a minimum width of fifty-six (56) feet, except Beldon Court, which may be 50 feet in width. b. All streets within the subdivision shall provide a minimum pavement width of thirty-seven (37) feet, as measured from the back of curb. c. The entrance design proposed on the Conceptual Site Plan shall be deemed to satisfy the requirements for the Number of Subdivision Entryways contained in the Land Development Code. The divided entryway shall provide twenty-four (24) foot wide or greater pavement sections on both sides of the median. 8. OTHER a. Each main residence within the development shall have a fire sprinkler system conforming to the City of Colleyville's current ordinances regarding fire protection system applicable to single-family residential dwellings. b. If the subdivision is proposed to be developed as a private gated community, the subdivision must contain a minimum of sixteen (16) single-family residential lots. c. Prior to the issuance of a building permit for any new residence in this development, the developer shall provide three (3) high-rise hose packs to the City for purpose of provid ing adequate fire protection to Lots 11-15. ec.3. eC.4. Sec. 5. Ordinance 0-02-1344 Page 4 of 4 THAT notwithstanding any other provisions of the Code, including Section 1-7 of the Code, it is the intention of the City Council in approving this ordinance that no provision or section of this ordinance is severable from any other provision or section. It is further the intent of the City Council that in the event any portion of this ordinance is declared invalid by any court of competent jurisdiction, then the entire ordinance shall be invalid. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with any zoning regulation contained in the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in 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 alternate method of publication provided by law. ND IT IS SO ORDERED. he first reading and public hearing being conducted on the ~J.:ij day of 2002. h second reading and public hearing being conducted on the /8~ day of 2002. CITY OF COL ~E: ~>'k-~~ Cynthia Singleton, TRMC City Secretary CITY COUNCIL APPROVED JUL 1 6 ZOOZ EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION BEING a description of a 16.128 acre portion of Blocks 8 and 9 of the Edinburgh Land and Mortgage Company subdivision of the Simon Cotrail Survey Abstract NO.328, in the City of Colleyville, Tarrant County, Texas, and also being the remaining portion of that same tract or parcel of land conveyed to Jessie Pauline Mumford as described in a Deed recorded in Volume 8782, at Page 1217 of the Deed Records of Tarrant County, Texas. Said 16.128 acre tract being more fully described as follows: BEGINNING at a Yz-inch steel rod set for comer at the northeast comer of Lot 24, in Block 1 of Cranbrook Estates an addition to the City of Colleyville, as shown on the plat recorded in Cabinet A at Slide 639 of the Plat Records of Tarrant County, Texas. Said steel rod being on the existing south right-of-way line of Glade Road (a variable width right-of-way}; THENCE following the said south right-of-way lines of Glade Road the following: North 00 degrees 08 minutes 07 seconds West, departing said Cranbrook Estates, a distance of 5.87 feet to a 5/8-inch steel rod found for corner; North 89 degrees 58 minutes 19 seconds East, a distance of 120.98 feet to a Yz-inch steel rod set for corner; South 00 degrees 08 minutes 07 seconds East, a distance of 11.64 feet to a Yz-inch steel rod set for corner; North 89 degrees 51 minutes 53 seconds East, a distance of 60.00 feet to a Yz-inch steel rod set for corner; North 00 degrees 08 minutes 07 seconds West, a distance of 11.53 feet to a Yz-inch steel rod set for corner; North 89 degrees 58 minutes 19 seconds East, a distance of 352.90 feet to a 5/8-inch steel rod found for corner and being the east common corner between the said remainder of the Mumford tract and the remainder of a tract of land conveyed to Robert A. Maass and wife Katie E. Maass as described in a Deed recorded in Volume 5394 at Page 128 of the said Deed Records of Tarrant County, Texas; THENCE South 00 degrees 11 minutes 03 seconds East, departing said right-of-way line and along the common line between said Mumford tract and said Maass tract a distance of 1316.60 feet to a Yz-inch steel rod set for corner on the north line of a tract of land conveyed to Carl Mitcham and wife Charlsie as described in a Deed recorded in Volume 13382 at Page 453 of the said Tarrant County Deed Records; THENCE North 89 degrees 52 minutes 43 seconds West, departing said Maass tract, at a distance of 226.03 feet passing a Y:.-inch steel rod found for the northwest comer of said Mitcham tract, and continuing for a total distance of 535.01 feet to a 1-inch steel pipe found for corner at the southeast comer of previously said Cranbrook Estates; THENCE North 00 degrees 08 minutes 07 seconds West, along the common line between said Mumford tract and said Cranbrook Estates. a distance of 1309.34 feet to the POINT OF BEGINNING; and containing 16.128 acres or 702,543 square feet of land more or less. EXHIBIT C -CONCEPTUAL SITE PLAN "' I i :; I a. ; ; J i i i ~ j , ; .t 1 ~ I , ~! ;t i i I i ~! ..1 ! ) ~~.........~ ......__.,~....,.._..-,.;.; "'~,~:--~:i IJ ~ {JOG lD'\VRN ~ ---i,'\l[ ..~iRSH.A.LL~ CIVIL ENGINEERS - PLANNERS - SURVEYORS February 9,2005 Mr. Keith Fisher Director of Public Works City ofColleyville 100 Main Street Colleyville, Texas 76034 RE: Beldon Hollow - Cost Sharing Agreement Dear Mr. Fisher: I am writing this based on our recent conversations and your request to explain what work was completed on the above reference project that the City ofColleyville should be costing sluuing with the developer. As agreed to during the PD Zoning hearing for this project, the City of Colleyville agreed to contlibute up to $50,000 to items related to the detention in order for the developer to oversize the detention pond. As shown in the construction plans (Sheet 8 of27 - Drainage Area Map), Beldon Hollow represents less than 5% of the drainage basin associated with the creek that bisects this particular tract. The amount of required detention for this project under the City's guidelines could have been contained between S.D. Culvert "G" and S.D. Culvert "E". Therefore, the modified headwall stmcture associated with S.D. Culvert "G" should be the responsibility oftbe developer. However, the cost associated with the detention structure ($9,300) located upstream of S.D. Culven "E", where the largest portion of detention was provided, should be paid for by the City. In conjunction with this, the differential cost associated with a modified headwall versus a standard MeW -F I headwall ($18,200) would be considered part ofthe over-sizing cost. The costs associated with cleaning and de~mucking of the pond in order to utilize it as a detention basin, should also be paid for by the City ($8,000). The excavation costs associated with expanding the pond to maximize the amount of detention that could be provided should also be included as part ofthe City's portion of cost sharing ($15,480). Finally, based on the fact that the lOO-year water surface elevation was raised in this area to accommodate the additional detention that the City was requesting, the roadway elevation had to be raised up. Therefore, the costs associated with the retaining walls that were constlucted adjacent to Beldon Trail should also be paid for by the City of ColI eyvi Ile ($58,152). Therefore, as detailed above, it has been shown that the developer actually spent more than $50,000 on providing additional detention for tlns basin that was beyond what normally would have been required pursuant to the City ordinance. 2405 MUSTANG DRIVE / GRAPEVINE, TX 76051/817-329-4373/817-329-4453 (FAX) 3131 EAST CAMELBACK, SUITE 200/ PHOENIX,AZ 850/6/602-606-5760/602-606-5759 (FAX) Mr. Keith Fisher Beldon Hollow Februmy 9, 2004 Page 2 of2 Mr. Fisher, I hope I have provided a sufficient amount of infoffilation for the City to proceed with their contribution of the original cost sharing, however, should you have any additional questions regarding this issue or need any additional infonllation please feel free to contact me. Sincerely, GOOd.W. in and Mars.ha.,ylh-lt.Jx: ~ ...t:.;;;:"" /) ..;i23-- ( ----> . {, I ___::7"---' \.,._.J' '- Edward W. Eckart, P.E. EWE/ms City of Colleyville City-Developer Agreement Beldon Hollow Addition That ICI DEVELOPMENT, LLC, organized under the laws of the State of Texas, hereinafter called "Developer" and the City of Colleyville, Tarrant County, Texas hereinafter called "City", enter into the following agreement (the Agreement). In consideration of the mutual covenants herein contained, the sufficiency of which is hereby affirmed, and for the purpose of developing lots in the Beldon Hollow Addition to the City of Colleyville, Texas as filed of record in Cabinet A, Slide 9373, dated July 2, 2004 of the Plat Records of Tarrant County, Texas, the parties hereto agree: 1. The City agrees to pay the Developer an amount not to exceed $50,000 for the over-sizing of the detention facilities as shown on the City approved construction plans titled "Paving, Drainage, Water, & Sanitary Sewer Construction Plans for Beldon Hollow" prepared by Goodwin and Marshall, Inc. (the "Improvements"). Said payment is contingent upon Developer's completion of the Improvements and the provision of the appropriate lien releases. 2. The Developer has no authority to cancel or amend the terms of the Agreement without specific written authority from the City. 3. Upon completion of the work, good and sufficient title to all public facilities constructed included within the Improvements, warranted free of any liens or encumbrances by the Developer, and approved by City staff, shall be vested in the City of Colleyville. Developer agrees to provide and execute any necessary conveyance document. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which shall be deemed an original on this day of ,2005. DEVELOPER CITY OF COLLEYVILLE Chad J. Alvarez, Vice President ICI Development, LLC Joe Hocutt, Mayor Cynthia Singleton, City Secretary ORDINANCE 0-05-1515 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS BETWEEN ICI DEVELOPMENT, LLC, AND THE CITY OF COLLEYVILLE, TEXAS FOR THE BELDON HOLLOW ADDITION WHEREAS, ICI Development, LLC, ("Developer") shall construct public improvements and the City of Colleyville, Texas shall participate in the cost as determined by municipal ordinance under Subchapter C. Developers Participation in Contract for Public Improvements and the Texas Local Government Code; and WHEREAS, the City of Colleyville and Developer have agreed to enter into a City- Developer Agreement/Contract for the Beldon Hollow Addition, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT the Developer shall construct the improvements as shown on the approved construction plans titled "Paving, Drainage, Water & Sanitary Sewer Construction Plans for Beldon Hollow" prepared by Goodwin and Marshall, Inc. (the "Improvements") and the City shall participate in their cost in accordance with City Ordinance and State law. THAT the City's total cost participation (not to exceed $50,000) shall not exceed thirty percent (30%) of the total cost of the Improvements. THAT all of the Developer's books and other records related to the Improvements shall be available for inspection by the City. THAT the Mayor is authorized to execute a City-Developer Agreement between the City and Developer in accordance with the provisions herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney _.-._'_._-_."..._---_._.._,-~--._~-----,...,,_..,_._..-"",. Ordinance 0-05-1515 Page 2 of 2 CITY OF COLLEYVILLE Joe Hocutt Mayor elTyeOUNelL cc@n", AGENDA BRIEFING IC';\:n$ MEETING DATE: I lTEM#: ! RESOLUTION #: i 03/01105 7 R-05-2519 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Waiver of perimeter street improvement requirements on Fry Lane, Case G-05- 007 Reading and Public Hearing Faye and Barry Alldredge are the owners of 5.76 acres in the 5000 block of Fry Lane, a private drive located in the 100 block of West Glade Road. Fry Lane is an unimproved private driveway, extending north from Glade Road, a distance of approximately 1,230 feet. Fry Lane provides access to five properties, three of which currently have occupied single-family homes on the property. Since there is no public right-of-way dedication for Fry Lane, access to these five properties is gained via a 30' access easement, which has existed in its current condition and configuration for many years. Attached is a copy of an aerial photo showing Fry Lane and the adjacent properties served by the private drive. Recently, Ms. Faye Alldredge met with Community Development staff to discuss her interest in constructing a new home on the large vacant tract situated to the north of her existing home located at 5004 Fry Lane. Ms. Allredge was advised that the Land Development Code requires her property be platted before a building permit could be approved for her new home. She was also advised that the purpose of the platting requirement is to insure that all new development is required to pay for and install all public improvements, such as streets, water and sewer lines, and storm drainage facilities, at the time new development occurs, so that public funds are not used in the future to subsidize private sector development by installing the public facilities at a later date. The Alldredge property has no public street frontage. The Alldredge's could plat their property and dedicate public right-of-way, which would satisfy the public street frontage requirement contained in the Land Development Code, but the public right-of-way would only be located directly adjacent to their lot frontage. There would still be no public right-of-way connection between the Alldredge property and Glade Road, since access to the Alldredge property and to the other tracts located along Fry Lane is via the 30 foot private access easement. At the present time, access to the properties in question is inadequate - the private drive is in poor condition, consisting of a thin layer of gravel and the driving surface is extremely narrow, making it difficult for two vehicles to pass at one time. Even if the 30 foot access easement became dedicated public right-of-way, its narrow 30 foot width is not sufficient to accommodate a standard city street. Colleyville's residential street standard is 31 feet of pavement situated within a 50 foot public right-of-way. Minimum width for a fire lane is 24 feet of pavement. Agenda Briefing Resolution R-05-2519 Page 2 of 3 The Alldredge's have met with two of their neighbors who also have interests in constructing new homes on their properties. Steve and Jill Stallard have also provided a letter explaining their request. One of their neighbors owns the property rights to the 30' access easement and is willing to make a public right-of-way dedication of this 30 foot strip. However, the owner is unable to obtain the additional 20 feet of property from the landowner, who owns the large acreage situated between the properties in question and Glade Road in order to make a full 50 foot right-of-way dedication. Before going through the expensive process of preparing a subdivision plat of their property, not knowing if the plat would be approved by the City, Faye and Barry Alldredge have submitted a letter requesting a waiver of the street improvement requirements for Fry Lane. Attached is a copy of their written request. Staff has also spoken with one of the other neighbors who will also be attending the March 1, 2005, City Council meeting to speak in support of the Alldredge waiver request. The following table shows the amount of acreage owned by each of the three homeowners and the approximate amount of their frontage along Fry Lane. 5.76 6.8 1.4 Approximate Frontage on F Lane 2701 1001 0* Property Owner Number of Acres * The Stallard's live at the very end of Fry Lane and have no actual frontage Summary The three families in question could provide the additional 20 feet of right-of-way dedication to provide a full 50 feet of width along the 370 feet of Fry Lane frontage that they control. However, the remaining 860 feet of Fry Lane is controlled by another property owner who currently has no interest in participating in the widening or improvement of Fry Lane. Staff contacted several area cities to determine if their subdivision regulations would allow a similar development proposal. Except for the City of Keller, those cities responding to our inquiry stated that their subdivision regulations prohibited development without public access and public street frontage. Requests for street improvement waivers are considered by the City Council, similar to the process used in Colleyville. The City of Keller stated that they allow private access easements, provided the fire department is satisfied with the access for emergency vehicles. Recommendation Denial, due to technical non-compliance with the Land Development Code Agenda Briefing Resolution R-05-2519 Page 3 of 3 Attachments · Aerial Photo · Location Map . Letter from Faye and Barry Alldrege · Letter from Steve and Jill Stallard · Resolution R-05-2519 Aerial Photo N 1 Location Map J Q-04-145C I I I I I I I I I iR-20 I I Steven Stallard ........................... ........................... ........................... ........................... ........................... ........................... ........................... ........................... ........................... ........ .................. ....... .................. ....... ................... ...... ................... ..... ................... ..... .................... .... .................... 1 Feb 09 05 11:15a Fa~e Alldredr;e 817 577 0759 p.l Feb.8,2005 Barry LeBaron Community Development City of Colleyville Re: Fry Lane Dear Sir; My family moved to Fry Lane in November, 2004. At that time, we signed an agreement to help upkeep the road. We did not realize that we could not build a house without major road improvements. After some investigation and meetings with the neighbors, we now have a plan and would like city approval to continue. The Stallards, the Bhatias (Chatham's place) and us would like the city to grant us approval to asphalt our road according to city standard street size (30 ft wide with lOft easement on each side) from the Alldredge place to the end of the lane, ending in a turn-around. We cannot affort to curb and gutter this street since that cost is prohibitive. The neighbor at the entrance of Fry Lane from Glade will not help with this project. Therefore, we would like a variance to only asphalt that portion of the existing road without any increase in width from Glade to the Alldredge place. We need to move on with this so that we can get re-platted and begin construction on our home. We have not included Juan Gallegos because he is retired and his frontage is small. Please consider this variance for us so we can get this dirt road paved without a lengthy and costly affair. Faye & Barry Alldredge 5004 Fry Lane Colleyville, Tx 76034 8175770759 fir), I C~- '"'\:' -- \ (l r.~ iV~) City Council Meeting- March 1, 2005 Request for a variance of the construction of a road on Fry Lane Background In 1996, a developer began preparations for a housing subdivision between Bill's Lane and Fry Lane directly north of Glade road in Colleyville. The development was to include the improving (to city standards) of both Bill's Lane and Fry Lane. This required a change of zoning to R-20, which was approved by the Colleyville City Council in 1996. The developer subsequently abandoned his plans due to a variety of factors including the cost of the storm drainage system. During the next nine years, the property changed hands several times. In 2004, a developer began a subdivision (Rockrimmon) in this same tract of land using the existing zoning. However, this development did not include the improving of Fry Lane or Bill's Lane as originally envisioned. As a result, there are several tracts of land to the north and to the east of the Rockrimmon subdivision which are not commercially viable to subdivide and develop, but nevertheless have landowners that desire to build residences. Proposal The three landowners are requesting a variance from the city's development standards, specifically as they relate to street construction. We are proposing a 20 foot wide, 2 inches of asphalt road for the entire length of Fry Lane (1,260 ft). We would then like to plat the respective lots and build our residences. We feel this proposal is reasonable for the following reasons: 1. Weare not proposing a development. Weare not subdividing and selling off lots. 2. There are existing houses on Fry Lane and the road is certainly not up to code nor are provisions for emergency vehicles. By constructing the proposed street, we will greatly enhance the ability of emergency vehicles to maneuver down Fry Lane. 3. A full blown code 30 foot wide street with easements on each side is not only economically not feasible, but the land simply is not there. The first 500 feet or so of Fry Lane is only 30 feet wide and the landowners on each side of Fry Lane have ruled out any sale of their property, even to simply provide for the easements. 4. While we know that this is not ideal, the reality is that apart from this variance, there will be no development at all; Fry Lane will remain a dusty dirt road ( much to the chagrin of our new neighbors in Rockrimmon) and emergency access will continue to be an issue. There is simply no way an outside developer could develop this land with the existing economics and available land. 5. Again, while we acknowledge this is not ideal, there are numerous examples in Colleyville of roads that are built to similar specifications and they have don quite well over the years. Thank you for your consideration of this matter. Steve and Jill Stallard Fay and Barry Aldridge RESOLUTION R-05-2519 A RESOLUTION APPROVING A WAIVER OF PERIMETER STREET IMPROVEMENT REQUIREMENTS FOR APPROXIMATELY 370 FEET ON FRY LANE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the perimeter street improvement requirements for approximately 370 feet of Fry Lane as shown on the attached Exhibit "A" are hereby waived, subject to the conditions imposed by the City Council. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2005. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor Exhibit "A" I I I I I I I . R-20 I . ~ -< A ~ I I I I I I I I I 1 J elTyeOUNelL cae", AGENDA BRIEFING IC'X~S MEETING DATE: lTEM#: RESOLUTION # : 03/01/05 8 R-05-2520 CITY MANAGER ! DEPARTMENT HEAD j FINANCE REVIEW ! Previous Action: None DEPARTMENT: ENGINEERING SUBJECT : Approval of a Construction Contract with JLB Contracting, LP, for the construction of McDonwell School Road Paving and Drainage Improvements, in the amount of $802,648 Reading and Public Hearing The Keller Independent School District (KISD) is developing a tract of land on McDonwell School Road for a new elementary school. The addition of this site, along with rapid development in this area of Colleyville, will require roadway improvements to McDonwell School Road and the intersection at Precinct Line Road. The improvements include additional turn lanes at the intersection, a deceleration lane into the school site and a westbound left turn lane on McDonwell School Road that will serve the school site. A five foot sidewalk will also be constructed on the north side of McDonwell School Road between Curtis Road and Herbert Road. City staff will be conducting progress meetings with adjacent property owners to discuss any issues that arise during construction. The McDonwell School Road Paving and Drainage Improvements project was advertised on January 30 and February 6. Bids were opened on February 16, 2005, with JLB Contracting, LP, being the low bidder at $729,680.09 with a 10% contingency of $72,967.91, for a total of $802,648. JLB Contracting, LP, has completed several paving projects for the City. Most recently, they completed the Welsh Circle Paving Improvements on time with no major issues. Financial Impact Staff has worked with KISD representatives to develop a cost sharing agreement for these improvements. This agreement is based on a traffic impact analysis (TIA) prepared by KISD's engineer, which calculated the percentage of traffic using McDonwell School Road generated by the new school. KISD will be responsible for 48% of the construction costs and the City will be responsible for 45%. The remaining 7% was paid by the Via Colleyville development at the northeast corner of the intersection. The City's share of the funding is available in roadway impact fees and perimeter street fees. Page 2 of 2 Resolution R-05-2520 Recommendation Approval Attachments . Bid Tab . Site Map . Resolution R-05-2520 BID TAB Owner: City of Colleyville Engineer: Teague, Nail, & Perkins Project: McDonwell School Road Paving & Drainage Improvements Bid Date: February 16, 2005 No. Bidder Bid Amount 1 JLB Contracting I LP $729,680.09 2 Stabile & Winn $818,519.14 3 4 5 .~~""1F -~----/. .,y-/ .- . .---_./--/------------- ----' . ,.,~,.,.,.~'''-'''~ / C1 ~! ~1 ]1 '=j I -i ~ rN----A , . n \ \ \ 'I. \ ("\\\\"\~.J,..J-~ -=:3::~~1 _-1 -_._~--~-- - .....~.._,------_.- --------.-.-'.---...--- RESOLUTION R-05-2520 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH JLB CONTRACTING, LP, FOR PAVING AND DRAINAGE IMPROVEMENTS ON MCDONWELLSCHOOLROAD WHEREAS, the Colleyville City Council desires to improve intersections throughout the City to enhance mobility; and WHEREAS, City Council approved the design of the paving and drainage improvements on McDonwell School Road; and WHEREAS, the construction bids for the intersection improvements were received on February 16,2005; and WHEREAS, JLB Contracting, LP, submitted the lowest bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the construction contract with JLB Contracting, LP, for the paving and drainage improvements at McDonwell School Road, in the amount of $802,648, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS, AND 2005. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor elTY COUNCIL Cir)' Q( ccen", AGENDA BRIEFING 'iC'x,,~ MEETING DATE: ITEM#: RESOLUTION # : 03/01/05 9 R-05-2521 CITY MANAGER I DEPARTMENT HEAD : FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Approval of a Resolution of the City Council of the City of Colleyville, Texas, calling an Election to be held on May 7, 2005, in the City of Colleyville, Tarrant County, Texas, for the purpose of submitting to the qualified voters of the City of Colleyville the adoption or rejection of proposed amendments to the existing City Charter; designating the official polling places and appointing election officials; prescribing the form of the ballot; providing for notice of the Election; and providing generally for the conduct of the Election Reading and Public Hearing On November 16, 2004, the City Council approved Resolution R-04-2472, which established the Colleyville Citizen's City Charter Review Committee for the purpose of reviewing the City Charter to clarify, add or subtract as necessary to ensure that the powers, rights and duties of the City government adhere to its original concepts and structure as a "Council-Manager Government" . The City Council approved Resolution R-05-2515 on February 15, 2005, accepting the Committee's City Charter recommendations. Council requested that staff place an item on the March 1, 2005, Council meeting agenda to call a Special Election for the purpose of presenting the proposed amendments to the voters. This Resolution provides for dates, times and location of the election, early voting and names the election and alternate judge. Financial Impact Funding is available in the City Secretary's budget, Elections 001-14-6215. Recommendation Approval Attachment . Resolution R-05-2521 RESOLUTION R-05-2521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 7, 2005, IN THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF COLLEYVILLE THE ADOPTION OR REJECTION OF PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER; DESIGNATING THE OFFICIAL POLLING PLACES AND APPOINTING ELECTION OFFICIALS; PRESCRIBING THE FORM OF THE BALLOTS; PROVIDING FOR NOTICE OF THE ELECTION; AND PROVIDING GENERALLY FOR THE CONDUCT OF THE ELECTION. WHEREAS, the Colleyville City Council has determined that certain amendments and changes should be made to the Colleyville City Charter which was originally adopted by the citizens of Colleyville on January 15, 1977, and as subsequently amended thereafter; and WHEREAS, the Colleyville Charter has not been amended within the two years next preceding the proposed election date herein designated; and WHEREAS, certain changes are proposed for the purpose of making the Charter consistent with State Law and eliminating outdated historical references, and such changes shall be submitted in one (1) proposition (Proposition No.1); and WHEREAS, certain changes are proposed relating to the powers and composition of the City Council and transition issues related to said amendments and shall be submitted in one (1) proposition (Proposition No.2). WHEREAS, the Colleyville City Council now deems it proper to submit said proposed amendments to the Colleyville City Charter to the qualified voters of the City of Colleyville for adoption or rejection at an election to be held on May 7,2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein as if copied in their entirety. Sec. 2. That the following ballot propositions shall be submitted to the voters to amend the existing Charter of the City of Colleyville: PROPOSITION 1: All of these amendments in Proposition No.1 are submitted for the purpose of bringing the Charter into compliance with State Law, improving consistency, and eliminating outdated historical references. Shall the following provisions be amended as follows? All references to "the State law" shall be amended to read "State law" All references to "Council" shall be amended to read "City Council". All references to specific statutory or constitutional provisions shall be amended to refer to the general law. "Preamble We, the citizens of Colleyville, Texas, in order to establish a Home Rule municipal government, provide for the future progress of our City, and obtain more fully the benefits of local self-government, do hereby adopt this Home Rule Charter in accordance with State law the Statutes of the State of Texas and do hereby declare the residents of the City of Colleyville in Tarrant County, Texas, living within the legally established boundaries of said City, to be a political subdivision of said City, to be a political subdivision of the State of Texas, incorporated forever under the name and style of the "City of Colleyville" with such powers, rights, authorities. privileqes. obliqations and immunities aR€l duties as are herein provided." "ARTICLE I FORM OF GOVERNMET AND BOUNDARIES Section 1.01 Form of Government: The Municipal Government provided by this Charter shall be known as the "Council-Manager Government". Pursuant to its provisions, and subject only to the limitations imposed by the State Constitution, State law the Statutes of this State, and by this Charter, all powers of the City Council shall be vested in an elective City Council, hereinafter referred to as the "City Council". , '#hich shall enact local legislation, adopt budgets, determine policies, and appoint the City Manager, who in turn, shall be held responsible to the City Council for the execution of the la',-.ls and the administration of the government of the City. All powers of the City shall be exercised in the manner prescribed by this Charter, or, if the manner be not prescribed, then in such manner as may be prescribed by Ordinance, Resolutions, the State Constitution, or by State law Statutes of the State of Texas. Section 1.02 Boundaries of the City: The Inhabitants of the City of Colleyville, Tarrant County, Texas, residing within its corporate limits, as heretofore or hereafter established, are hereby constituted and shall continue to be a municipal body politic and corporate, in perpetuity, under the name of the "City of Colleyville" with such powers, privileges, rights, duties, authorities, and immunities, as are herein provided. The boundaries of the City of Colleyville shall be those of the City of Colleyville as of the 6th day of November, 1976 (See Exhibit "/\). ,which boundaries are more fully set out and described by metes and bounds. These are on file in the Office of City Secretary. Section 1.03 Boundary Adjustment Extension of Boundaries: The corporate limits of the City of Colleyville may hereafter be extended by Ordinance passed and adopted by tho City Council after publication of such notices and holding of such public hoarings as are required by law. The City Council shall have the power by ordinance to fix the boundaries of the City and to provide for the alteration or the extension of said boundaries, pursuant to State law now or hereinafter enacted where the same is not inconsistent with State law." "ARTICLE II POWERS OF THE CITY Section 2.01 General Powers Adopted: Tho City of Colleyville may oxorciso all pov.'ors that now aro or horeafter may be grantod to municipalitios by tho Constitution or the laws of the State of Toxas. All such pmvers, whether expressed or impliod, shall bo oxorcised and enforcod in tho manner prescribod by this Charter, and when not prescribod herein, in such manner as may be providod by ordinance or resolution of the Council of tho City of Colleyville. The enumoration of particular powers by this Charter shall not be doomod to be exclusive, and in addition to the powers onumerated horein or implied hereby, or appropriate to the exerciso of such powers, it is intended that tho City of Colloyville shall have and may exerciso all pOINers of local self govornmont, and all powers onumerated in Chapter 13, Title 28, Article 1175, of the Rovisod Civil Statutes of tho State of Toxas, of 1925, and amendments thoreto and horeaftor onacted, or any othor powers which under the Constitution and laws of the State of Toxas, it 'Nould be competent for this Chartor specifically to enumorate in so far as those powors are not limited by this Charter. The City Council shall have the powers, functions, riqhts, privileqes and immunities of every name and nature, that are now or hereafter may be qranted to a Home Rule City by the Constitution and State law. toqether with all implied powers necessary to carry into execution all such powers qranted. Amonq such powers. the City Council shall have police powers. the power to adiust boundaries. to contract and to co-operate with the qovernment of any state or any aqency or subdivision thereof. or with the federal qovernment or any aqency thereof to accomplish any lawful purpose. The City may use a corporate seal: may acquire property within or without its corporate limits for any municipal purpose in fee simple. or in any lease interest or estate by purchase. qift. devise. lease. exchanqe. condemnation. and subiect to the provisions of this Charter. may sell. lease mortqaqe. hold. manaqe. improve. exchanqe and control property as may now or hereafter be owned by it: may sue and be sued: may furnish municipal services. both within and without its corporate limits: may implead and be impleaded in all courts and places and in all matters whatever: may provide for the expenditure of public funds for a retirement system. qroup health. life and accident insurance coveraqe. and surety bonds for City employees or officers: may pass ordinances. resolutions. and enact such requlations as may be expedient for the maintenance of qood qovernment. order and peace of the City and the interest. welfare. health. morals. comfort. safety. security and convenience of the City for its inhabitants consistent with the provisions of this Charter. The enumeration of particular powers of this Charter shall not be held or deemed exclusive. but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers. The City Council shall have and may exercise all powers of local self qovernment and all powers which under the Constitution and State law would be competent for this Charter to specifically enumerate. Section 2.02 Eminent Domain: The City shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the Constitution or State law of the State of Texas. The power of eminent domain hereby conferred shall include the right of the City to take the fee title and easement interests in the lands so condemned and such power and authority shall include the right to condemn, for any municipal or public purpose. The City shall have the power through eminent domain proceedings to acquire any public utility operating with or without a franchise, and furnishing a public service to the citizens of Colleyville. The procedure to be used in the acquisition of such property through eminent domain proceedings shall be that as set forth in .^.rticle 3261 through Article 3271, inclusive, Title 52 Revised Civil Statutes of the 8tate of Texas. In valuing the property of the public utility to be acquired by the City through eminent domain proceedings, the measure of damages shall be the fair market value of the physical properties together with its franchise, if any, taken together as one (1) system." "Section 2.04 Street Development and Improvements: The City shall have the power to develop and improve, or cause to be developed and improved, any and all public streets or ways within the corporate limits of the City by laying out, opening, narrowing, widening, straightening, extending, lighting, and establishing building lines along the same by purchasing, condemning, and taking property therefore; by filling, grading, raising, lowering, paving, repaving and repairing in a permanent manner, the same, and by constructing, reconstructing, altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts and other appurtenances and incidentals in connection with such development and improvement authorized hereinabove, or any combination or parts thereof. The cost of such development and improvement may be paid partly by assessments levied as a lien against the property abutting thereon and against the owners thereof, subject, however, to the limitations imposed by State law Article 1105b, Section 8, Vernon's Annotated Civil Statutes of Texas, as amended. Such assessments may be levied in any amounts and under any procedures not prohibited by State law baw, but such assessments may not be levied in excess of thirty-three and one-third percent (33 1/3%) of the costs of such improvements for property abutting one side of said street or public way, or sixty-six and two-thirds percent (66 2/3%) of the cost of such improvements for property abutting both sides of said street or way. In no case shall any property owner be assessed in excess of the cost of like improvements or repairs for a two (2) lane Collector Street as defined by City Ordinance. Provided, hO'Never, that INhenever the City undertakes developing, improving and paving of public streets, sidev.'alks, alleys, highways, and other public ways within its corporate limits, the City shall not have the power and authority to assess property abutting the streets to be developed, improved, or paved, without the approval of sixty percent (60%) of the abutting property owners. The City shall have any additional pO'Ners not in conflict v./ith this Section, as enumerated in Article 1105b of Vernon's Annotated Civil Statutes of Texas, as amended." for the proposition against the proposition PROPOSITION 2: Proposition 2 shall address the powers and composition of the City Council and transition issues related to said amendments. Shall the following provisions be amended as follows? "ARTICLE III THE GOVERNING BODY Section 3.01 Number, Selection, Term: The Legislature and Governing Body of the City shall consist of seven (7) six (6) members; six (6) five (5) City Council Persons elected by place number and a Mayor, all members to be elected from the City at large, and shall be known as the 'City Council of the City of Colleyville'. Upon the adoption of this Charter, the title of each incumbent ,^.Iderman shall be changed to Council Person. The City Council Persons and Mayor shall be elected under the general provisions provided by Article IV of this Charter for three (3) tvlO (2) year terms. The three (3) 1\410 (2) year terms shall be staggered so that Council Persons from Place 1 and 2 at large and the Mayor and City Council Persons from Place 1 and 2 and the Mayor shall be elected one (1) year one (1 ), aM City Council Persons from Places 3 and 4 shall be elected the following year. elected year two (2), and City Council Persons Place 5 and 6 shall be elected year three (3 ). Each of the City Council Persons and Mayor, unless sooner removed under the provisions of this Charter or State law, shall hold office until his successor is elected and duly sworn. Positions for members of the City Council shall be for Mayor and Places 1 throuqh 6. Commencinq with the reqular municipal City Council election of 2006, positions for Places 3 and 4 shall be elected for a term of two (2) years and City Council Persons for Places 5 and 6 shall be elected for a term of three (3) years. Commencinq with the reqular municipal election of 2007, positions for Mayor and City Council Persons for Places 1 and 2 shall be elected for a term of three (3) years. Commencinq with the reqular municipal election of 2008, City Council Persons for Places 3 and 4 shall be elected for a three (3) year term. Thereafter. the Mayor and each member of the City Council shall be elected for a three (3) year term. Terms Regular terms of office shall commence at the beginning of the first regular meeting of the City Council following the canvass of the election as provided by Article 4. Section 3.02 Qualifications: Each candidate for membership and each member of the City Council shall be and remain: (A) A resident of the City of Colleyville and shall have been a resident for a period of not less than twelve (12) months immediately preceding their election or a resident of any territory not formerly within the corporate limits of the City but which is annexed under the provisions of this Charter for twelve (12) months preceding their election; (B) A qualified voter of the State of Texas and the City of Colleyville; (C) Not financiallv delinquent indebted to the City. If any member of the City Council fails to maintain the foregoing qualifications, or shall fail to maintain the seventy-five percent (75%) attendance record for all regularly scheduled meetings, as specified in Section 3.09 hereof, during each elected year, or shall be convicted of a felony or offense involving moral turpitude, the City Council shall declare a vacancy in the office of that member of the City Council at its next regular meeting and shall fill the vacancy as set forth in this Charter. (Amended April 7, 1984) [Sections 3.03, 3.04, 3.05 shall remain unchanged.] Section 3.06 Mayor and Mayor Pro Tern: The Mayor shall preside at all meetings of the City Council and shall vote on all issues. The Mayor, except as provided in 3.07, shall vote only in case of a tie of the Council, and shall have veto power. sign all contracts and conveyances made or entered into by the City, and all bonds issued under the provision of this Charter, and shall be the official representative of the City. The Mayor shall be recognized as the official aaent of the City by the Court for the purpose of serving civil process. b. Eloction of M3yor Pro Tom: Immediately following the final swearing in of all members elected in accordance with Section 4.02 of this Charter, the new City Council shall in its first regular meeting, elect from among its members a Mayor Pro Tem who shall serve for the term of one (1) year. G;- The Mayor Pro Tem shall, in the absence of the Mayor, preside at all meetings of the City Council and shall vote on all issues before the City Council. The Mayor Pro Tem shall have no veto pO'l.'er, but sh311 perform all other duties of the Mayor during the absence or disability of the Mayor. d. Emorgoncy Pmvers of tho Mayor: In time of danger or emergency, the Mayor may take command of the Police and govern the City by proclamation and maintain order and enforce all laws. Section 3.07 Powers of the City Council: All powers and authority granted to the City by the Constitution of the State of Texas shall be vested in the City Council, except as otherwise provided by State law or this Charter. The City Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the City by State law and this Charter. In addition to the provisions set forth in Section 3.06, the City Council shall have the power to authorize the City Manaqer to siqn a specific contract or expenditure: provided, however, the City Manaqer shall not be authorized to siqn any bonds issued under any provisions of the Charter. Section 3.08 Forfeiture of Elected Office Prohibitions: (A) Except where authorized by State law, a Mayor or City Council Person shall: (1) Resiqn their current office at the time of fjlinq for another elected position if their term extends past the beqinninq of the position souqht: (2) Not hold any compensated appointive City office or employment with the City durinq the term for which elected; and (3) Not hold any compensated appointive City Office or employment with the City until one (1) year after the expiration of the term for which elected. A. Holding other office: Excopt v:here authorizod by ~ la\v, no Mayor or .Q!y Council Person shall hold any other City offico or employmont by tho City during the term for which he '#as olected to the .Q!y Council, ~md no formor Mayor or .Q!y Council Person shall hold any compensatod appointive City Offico or employmont until one (1) yoar after tho oxpiration of the term for which he 'Nas elected. (B) Appointments and/or removals of City employees. The members of the City Council shall in no way dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his subordinates are empowered to appoint, unless otherwise provided in this Charter. The Council, by at loastfour (1) affirmative '.'otos, in public session, may roquire tho City Manager to removo any employee for cause. (C) Interference with Administration. Except for the purpose of inquiries and investigations by the direction of the City Council, unless provided otherwise in this Charter, the City Councilor its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately, except in a state of declared emergency. (D) Admission of liability. Neither the City Council nor its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. E. Resignation of elected official: Any elected official seeking election to any other elected position must resign his current office at time of filing, if his elected term extends past the beginning of the position sought. Section 3.09 Meetings and Rules of Procedure: (A) Meetings of Citv Council. Citv Council meetings shall be held at the City Hall or such place within the City of Colleyville that the Citv Council shall direct. The City Council shall meet regularly at least twice (2) in every month at such times as a Citv Council may prescribe by rule. In the event of a lack of a quorum at a regularly scheduled meeting, the meeting shall be opened and the roll call taken, aAG recorded and adiourned until the reqular or called special meetinq. Special meetings may be held on the call of the Mayor or four tlwee ffi ~ members of the Citv Council at the place within the City of Colleyville designated in the public notice. All meetings shall be held and public notice thereof given as required by State law the State of Texas, as now or hereafter amended. (B) Minutes and Rules. The Citv Council shall determine its own rules and order of business, and shall provide for keeping minutes of its proceedings and post copy on the City Bulletin Board until the next meeting. The minutes shall be a public record. (C) Quorum and Voting. Four (4) votinq members of the Citv Council shall constitute a quorum. Votinq, except on procedural motions. shall be bv roll call and the "aves" and "navs" shall be recorded in the minutes. The Mavor and every Citv Council Person shall vote on all issues unless there is a declared and recorded statutory conflict of interest. If because of a statutory conflict of interest a member steps down and remains in the Chamber to return after the item is resolved. then a quorum will be considered in attendance even thouqh on Iv three (3) Citv Council Persons are left to vote. However. no action shall be approved with less than four (4) affirmative votes. If durinq the course of a meetinq a quorum ceases to exist. the meetinq shall be deemed adiourned and no further business shall be conducted. (Amended April? 1984) Voting, except on procedural motions, shall be by roll call and the "ayes" and "nays" shall be recorded in the minutes. Every Council Person shall vote on all issues unless there is a declared and recorded conflict of interost. Four (4) voting members of the Council shall constitute a quorum. ,however, no action shall be approved with less than three (3) affirmative votes. If during the course of a meeting a quorum ceases to exist, the meeting shall be deemed adjourned and no further business shall be conducted. Hov.'ever, if because of a conflict of interest a member steps down and remains in the Chamber to return after the item is resolved, then a quorum 'NiII be considered in attendance even though only three (3) Council Persons are left to vote. (Amended ^pril 7,1981) Section 3.10 Investigation by the City Council: The City Council, by majority vote, shall have authority to inquire into the conduct of any office, department, agency, City Council member, officer or employee of the City, and to make investigations as to municipal affairs, and for that purpose the City Council shall have the power to authorize the Mayor to subpoena witnesses, administer oaths, and compel production of books, documents, or other evidence. Failure to obey such subpoena or produce books, documents, or other tangible evidence as ordered under the provisions of this Section shall constitute cause for removal from office and/or dismissal from employment in accordance with the provisions of Section 3.08 B of this Charter. Section 3.11 Ordinances in General: The City Council shall legislate by ordinance, and the enacting clause of every ordinance shall be, "Be it ordained by the City Council of the City of Colleyville." The City Attorney shall approveapprove as to legality of all ordinances and resolutions and their compliance with the Charter. all ordinances prior to final action by the City Council. Every ordinance enacted by the Council shall be signed by the Mayor or Mayor Pro-Tem in the Mayor's absence, and shall be filed with and recorded by the City Secretary. All ordinances exclusive of emergency ordinances as defined by Section 3.12, shall be read in open meeting of the City Council at two (2) consecutive regular City Council meetings. The caption only of each proposed ordinance shall be read at the first and second reading, provided, that upon the request of any three twe m f21 members of the City Council, the ordinance shall be read in its entirety on either the first or second reading, and further provided, however, that neither metes and bounds descriptions nor national, state, industrial, or uniform codes or manuals shall be read. Tabled ordinances shall be read after beinq removed from the table. Each reading of a proposed or tabled ordinance shall be followed by a public hearing. No final vote of approval or disapproval shall be taken by the City Council until after the second reading and public hearing on each ordinance. The captions of all proposed ordinances shall be posted upon a bulletin board at City Hall established for the purpose of giving notice of City Council meetings not less than seventy-two (72) hours prior to the meeting at which such ordinances are read. (Amended November 7,1995) Section 3.12 Emergency Ordinances: The City Council may adopt emergency ordinances only to meet public emergencies affecting life, health, property, or the public peace. In particular such ordinances shall not levy taxes, grant or renew or extend a franchise, or attempt to regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of a majority of four (4) or more members the City Council shall be required for adoption. After adoption, the ordinance shall be published as required for other adopted ordinances. Every emergency ordinance so adopted, shall automatically stand repealed as of the sixty-first (61) day following the day on which it became effective, but this shall not prevent re-enactment of the emergency ordinance or as an ordinance in general under Section 3.11. Section 3.13 Resolutions: Any official action of the City Council not authorized by ordinance shall be authorized by resolution. All resolutions shall be read in open meeting of the City Council and shall be followed by public hearing. Section 3.14 [Shall be deleted in its entirety.]" "Section 13.01 Schedule: (A) [Shall remain unchanged.] (B) Upon adoption of this Charter, the present Mayor and members of the City Council fillinq elective offices shall continue to fill those offices for the terms sAaU serve until the torms to which they were elected. Sh311 h3ve oxpired 3nd until thoir successors shall havo boon qU3lifiod. The City Council shall be elected as provided in Article 3 of this Charter. Persons. who on the date this Charter is adopted are fillinq appointive positions with the City which are retained under this Charter. may continue to fill these positions for the term for which they were appointed. unless removed by the City Councilor by other means provided for in this Charter or State law. (C) Prior to the initial election of the City Council Person for Place 6. the followinq provisions shall apply: (1) The Mayor shall retain veto powers, and the process and procedures thereto as, permitted by the Charter dated December 7. 1995. (2) The Mayor shall vote only in case of a tie or to vote to remove the City Manaqer, (3) Special meetinqs of the City Council may be held on the call of the Mayor or three (3) members of the City Council, (4) No action shall be approved with less than three (3) affirmative votes of the City Council, and (5) Any two (2) members of the City Council may request an entire ordinance to be read at the first and second readinqs of an ordinance. C. Conversion of the :lccounting system from c:lsh to ~m 3ccrued c:lsh b3Sis sh:lll occur 3t the beginning of the first fiscal ye3r after employment of the City M3nager. Section 13.02 [Shall remain unchanged.] Section 13.03 [Shall remain unchanged.] Section 13.04 [Shall remain unchanged.] Section 13.05 [Shall be eliminated in its entirety.]" for the proposition against the proposition PROPOSITION 3; Shall Article VII, Administrative Organization be amended as follows? "ARTICLE VII ADMINISTRATIVE ORGANIZATION Section 7.01 City Manager: (A) Appointment and Qualifications. The City Council by a vote of not less than four (4) members shall appoint the City Manager for an indefinite term and fix the Manager's compensation. The City Manager shall be appointed solely on the basis of executive and administrative qualifications. The City Manager need not be a resident of the City or State at the time of appointment. The City Manager may not reside outside the City while in office without the approval of the City Council. (Amended April 7, 1984) (B) Removal. The City Manager may be removed from office by a vote of not less than four (4) members of the City Council, including the Mayor. The Mayor shall be entitled to vote on the removal of the City Manaqer. (Amended January 18, 1992) (C) Acting City Manager. By a letter filed with the City Secretary, the City Manager may designate a City officer or employee to exercise the powers and perform the duties of the City Manager during the City Manager's temporary absence or disability. The City Council may revoke the City Manager's designation and may appoint an officer or employee of the City to serve during the City Manager's absence or disability. (Amended January 18,1992) (D) Powers and Duties of the City Manager. The City Manager shall be the chief administrative officer of the City, responsible to the City Council for the administration of all City affairs placed in the City Manager's charge by or under this Charter. The City Manager shall: (1) Appoint, suspend or remove all City employees and appointed administrative officers in accordance with the provisions of State law, this Charter and the ordinances of the City. The City Manager may delegate to an administrative officer, subject to the City Manager's direction and supervision, the authority to exercise the power to appoint, suspend or remove employees working under the administrative officer; (2) Direct and supervise the administration of all departments, as otherwise provided by this Charter, except as otherv.'ise provided by this Charter or by law; (3) Attend all City Council meetings, and participate in the discussion to the extent required by the City Council; (4) Provide for the faithful execution and enforcement of all laws, this Charter, and acts of the City Council; (5) Prepare and submit the annual budget and capital program to the City Council; (6) Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (7) Make such other reports as the City Council may require concerning the operations of the City departments, offices and agencies subject to the City Manager's direction and supervision; (8) Keep the City Council fully advised as to the financial condition and future needs of the City; (9) Make recommendations to the City Council concerning the affairs of the City; (10) Provide staff support services for the Mayor, City Council members, and appointed commissions, boards, and committees; and (11) Perform such other duties as are specified in this Charter or as may be required by the City Council. (Amended January 18, 1992) Section 7.02 City Secretary: The City Manager shall appoint a qualified individual to fill the position of City Secretary, with the approval of the City Council. The City Secretary shall not be appointed for a definite term, but may be removed from office by the City Manager with the approval of the City Council. The City Secretary shall: (A) Give notice of and attend all official public meetings of the City Council; (B) Record the minutes and proceedings of all official public meetings of the City Council; provided, however, that only the title and caption of duly enacted ordinances shall be recorded in the minutes; (C) Act as custodian of all official records of the City Council; (D) Hold and maintain the Seal of the City and affix this Seal to all appropriate documents; (E) Authenticate by signature and Seal, and record in a book kept and indexed for the purpose, all ordinances and resolutions of the City; and (F) Perform such other duties as may be required by the City Manager, the City Council, this Charter, or by tRe State laws of the State of Texas and not inconsistent with other provisions of this Charter. Section 7.03 Department of Police: There shall be established and maintained a Department of Police to preserve order within the City and to secure the residents of said City from violence and the property therein from injury or loss. (A) Chief of Police. The Chief of Police shall be the chief administrative officer of the Department of Police. He shall appoint and remove the employees of said department and shall perform such duties as may be required of him by the City Manager. The Chief of Police shall be appointed by the City Manager '.\lith the approval of the City Council for an indefinite term. The Chief of Police shall be fully responsible to the City Manager for the administration of his Department, and for the carrying out and enforcement of the resolutions and ordinances of the City Council. He may be removed from office by said City Manager, with the approval of City Council. (B) Special Police and Reserve Police. No person, except as authorized by general law, by this Charter, or by the ordinances passed pursuant hereto, shall act as a special police officer or reserve police officer. No person holding an elective office may act as a reserve police officer. Section 7.04 Fire Department: There shall be established and maintained a Fire Department to provide means for protection against conflagrations and other disasters and to provide for the maintenance, support, and regulation of a Fire Department and for the guarding against fires. (A) Fire Chief. The Fire Chief shall be the chief administrative officer of the Fire Department. He shall appoint and remove the employees of said department and shall perform such duties as may be required by the City Manager. The Fire Chief shall be appointed by the City Manager '.vith the approval of the City Council for an indefinite term. The Fire Chief shall be fully responsible to the City Manager for the administration of his department, and for the carrying out and enforcement of the resolutions and ordinances of the City Council. He may be removed from office by said City Manager with tho :::lpproval of the City Council. (Amended April?, 1984) (B) Volunteer Fire Department. Authority is hereby granted to maintain a Volunteer Fire Department. No person holding an elective office may serve as a volunteer fireman. (Amended April?, 1984) Section 7.05 Department of Public Works: There shall be established and maintained a Department of Public Works to provide and maintain water and sewer services and such other duties as the Council may direct. l\. Director of Public VVorks: The Director of Public Works shall be the chief administrative officer of the Department of Public Works. He shall appoint and remove the employees of said department and shall perform such duties as may be required of him by the City Manager. The Director of Public Works shall be appointed by the City Manager with tho approval of tho City Council for an indefinite term. The Director of Public Works shall be fully responsible to the City Manager for the administration of his Department, and for the carrying out and enforcement of the resolutions and ordinances of the City Council. He may be removed from Office by said City Manager '.vith the approval of the City Council. (Amended April?, 1984) Section 7.06 Department of Finance: There shall be a Department of Finance headed by the City Manager or his appointee. The City Manager with the approval of City Council may appoint a deputy director of finance who may be the City Collector of Taxes. (Amended April 4,1981 ) Section 7.07 Other Departments, Boards and Commissions: The City Council may abolish or consolidate any office or department except those created by this Charter. The City Council may divide the administration of any such departments as it may deem advisable and may create new departments. The City Council shall create, establish, or appoint, as may be required by State law, circumstances, or this Charter, those Boards, Commissions, and Committees which are deemed necessary to carry out the functions and obligations of the City. The City Council shall prescribe accountability and tenure of each Board, Commission, and Committee where such are not prescribed by State law or this Charter." for the proposition against the proposition PROPOSITION 4: Shall the Article X, Taxation be amended as follows? "ARTICLE X TAXATION Section 10.01 Department of Taxation: At the discretion of the City Council, there shall be established a Department of Taxation to assess and collect taxes, the head of which shall be the City Collector which office shall be filled by appointment by the City Manager 'Nith the approval of the City Council, for an indefinite term. The Collector shall give a surety bond for faithful performance of his duties, including compliance with all controlling provisions of the State law baw bearing upon the functions of his office, in a sum which shall be fixed by the City Council at not less than one hundred taR thousand dollars ($10,000.00 $100.000). Section 10.02 Power to Tax: The City Council of the City shall have the power, and is hereby authorized to levy, assess and collect, not to exceed the maximum limits set by the Constitution and State law laws of the State of Texas as they now exist or as they may be amended, on each one hundred dollar ($100.00) assessed valuation of all property having a situs within the corporate limits of the City and not exempt from taxation by the Constitution and State laws of the State of Texas. Section 10.03 [Shall remain unchanged.] Section 10.04 Taxes - When Due and Payable: All taxes due the City of Colleyville shall be payable at the office of the City Tax Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 1st. Taxes shall be paid on or before January 31st, and all such taxes not paid on or prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as t-Ae Qi!y Council may provide by ordinance authorized by State law. The Qi!y Council may provide further by ordinance that all taxes either current or delinquent, due the City of Colleyville may be paid by installments. Failure to levy and assess taxes through omission in preparation of the approved tax roll shall not relieve the person, firm or corporation so omitted from obligation to pay such current or past due taxes as shown to be payable by recheck of the rolls and receipt for the years in question. The Council shall be prohibited from waiving penalties and interest, allO'.ving discounts, and extending time for payment of taxes. Section 10.04 [Shall be deleted in its entiretv.l Section 10.05 Tax Liens: The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the property as of January 1 st of any eaGIl year, upon which the tax is due, which lien, charge or encumbrance the City is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge or encumbrance on the property is such as to give the State Courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this State or person whose residence is unknown, but as against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, and such lien may be foreclosed in any court having jurisdiction. Such lien shall be, prior to all other claims, and no gift, salo, assignmont or transfer of any kind, or judicial writ of any kind, can e'Jor defeat such lien entitled to that priority as allowed by State law. In addition to the lien herein provided, on the first day of January of any year the owner of real and personal property subject to taxation by the City shall be personally liable for the taxes due thereon for such year. The City shall have the power to sue for and recover personal judgment for taxes without foreclosure, or to foreclose its lien or liens, or to recover both personal judgment and foreclosure. In any such suit where it appears that the description of any property in the City Assessment Rolls is insufficient to identify such property, the City shall have the right to plead a good description of the property intended to be assessed, to prove the same, and to have its judgment foreclosing the tax lien and/or personal judgment against the owner for such taxes." for the proposition against the proposition PROPOSITION 5: Shall Article XIV, General Provisions be amended as follows? "Section 14.01 Publicity of Records: All record and accounts of every office, department, or agency of the City shall be open to inspection by any citizen individual subject to public inspection as provided by State law or by any representative of the press at all reasonable times and under such reasonable regulations as may be established by the City Manager and/or the City Council, except records and documents the disclosure of 'Nhich would tend to defeat the lawful purpose which they are intended to accomplish or those records and documents prohibited from disclosure by la'N. Section 14.02 Personal Financial Interest: This section shall apply to all elected and appointed City officials, members of commissions, boards. committees and City employees. A. Scope. This section shall apply to all elected 3nd 3ppointed City officials. members of commissions, boards, committees and City employees. ~(~ Misuse of Office. No person shall use his office, position or employment in an unlawful manner or in a manner calculated to obtain a financial benefit or a commercial benefit that would not be available to someone not holdinq such office or position. which is not norm311y or custom3rily received 3S a result of the office, position or employment held. G (ill Contracts: A person, who is subject to this section and has a direct interest in any proposed or existing contract, purchase, work, sale or service to or by the City, shall not participate in discussions thereon, render a decision thereon, or vote thereon. Q (C) Discretionary Authority: No person shall make a decision or exercise their discretionary authority with reqard to an entity in which he or she has a direct or indirect financial interest as prohibited by State law. € (D) No person shall qrant. accept or solicit in the discharqe of his official duties any favor or personal benefit. service or thinq of value to any person or entity in violation of State law. ~ (~ Notice. Any person who shall have a conflict of interest under paragraph B G above shall file a sworn statement describing in reasonable detail such conflict with the City Secretary no later than either the beginning of the meeting at which the matter will first be discussed or acted upon, or the time at which the potential conflict first becomes known to the person, whichever occurs first. G (E) Citizen Complaints. Any citizen of the City may file with the City Secretary a statement of suspected conflict of interest. Such statement of suspected conflict of interest shall be filed within fifteen (15) days of the decision, vote, or other event giving rise to an asserted violation of paragraph C above, and shall describe the complained of conflict in reasonable detail. The City Council, or its designee, shall respond in writing to a timely filed statement of suspected conflict of interest, and the statement of suspected conflict of interest and response of the City Council shall be maintained in the public records of the City. M (G) Oath. Upon the election, appointment, or employment of any person by the City, they shall sign a statement acknowledging that they have read and are familiar with the provisions of this Section of the Charter, and all other sections of State law pertaining to the conflict of interest, and these statements shall be maintained as public record of the City. ~ (ill Removal from Office. Failure to comply with any of the provisions of this Section shall constitute malfeasance in office and upon a finding by a Court of competent jurisdiction of said violation, the person shall immediately forfeit their position or office and such position or office shall be deemed vacant. J (!} Contracts Voidable. Any violation of part C of this Section in the approval process of any contract shall make said contract voidable by the City. (Amended January 18, 1992) K (J) The City Council may adopt by ordinance. a code of ethics and conduct that is consistent with the provisions of this Charter. Section 14.03 [Shall remain unchanged.] Section 14.04 Proposition 1.] [Shall remain unchanged except as amended by Section 14.05 Tort Liability: Before the City shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of property under the Constitution of the State of Texas. Article I, Section 17, Constitution of the State of Texas, the person injured, if living, or his representatives, if deceased, or the owner, his agent or attorney of the property damaged or destroyed shall give the City Manager or City Secretary notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within one hundred twenty (120) days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages. No action at law for damages shall be brought against the City for such death, injury, damage or destruction prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the City Manager or the City Secretary. Section 14.06 [Shall remain unchanged.] Section 14.07 Proposition 1.] [Shall remain unchanged except as amended by Section 14.08 Proposition 1.] [Shall remain unchanged except as amended by Section 14.09 [Shall remain unchanged.] Section 14.10 Amending the Charter: Amendments to this Charter may be framed sh311 bo formul3ted and submitted to the voters of tho City in the manner provided by State law, but in no event more frequentlv than once everv two years. Chaptor 13 of Titlo 28 of tho Revised Civil St3tutOS of TOX3S, 1925, 3S no\'.' or horeafter 3monded. Section 14.11 [Shall remain unchanged.] Section 14.12 [Shall remain unchanged.] Section 14.13 [Shall be deleted in its entirety.]" for the proposition against the proposition PROPOSITION 6: Shall Article IV, Elections be amended as follows? "ARTICLE IV ELECTIONS Section 4.01 Laws Governing City Elections: All City elections shall be governed, except as otherwise provided by this Charter, by the 13'.\'s of the State law of Tox3s governing general and municipal elections, so far as the 13'NS of the State law may be applicable thereto. In the event there should be any failure of the 13WS of the State law of Texas or this Charter to provide for some feature of the City elections, the City Council shall have the power to provide for or correct such deficiency. No informalities in conducting a City election shall invalidate said election, if If the election is conducted fairly and in substantial compliance with the laws of the State law, where applicable, and the Charter and ordinances of the City, the election shall not be invalidated. Section 4.02 General Elections: The regular City elections shall be held annually on the first Saturday in May~ unless specifically required to be held on another day pursuant to State law. at which time officers shall be elected to fill those offices as required by this Charter. The same shall be conducted and the results canvassed and announced in accordance with the laws of the State law of Texas regulating all municipal elections and in accordance with the ordinances and resolutions adopted by the City Council for the conduct of elections. Section 4.03 Special Elections: The City Council may by ordinance or resolution call such Special Elections as are authorized by the lav/s of tho State law of Texas or by this Charter, fix the date and place of holding same, and provide all means for holding such Special Election. Section 4.04 Publishing City Elections: It is the responsibility of the City Council to inform the registered voters of the City as to the time, place, date and purpose of any forthcoming City election, and the City Council shall establish such rules and procedures, in addition to those required by State law baw, to adequately inform the qualified voters of the City. Section 4.05 Run-Off Election: In the event that no candidate for a designated office received a majority of all votes cast for that position in the regular or special election, a run off election shall be held as required by the State law. Election Code of the State of Texas, Vernon's Annotated Civil Statutes, as amended. Section 4.06 [Shall remain unchanged] Section 4.07 Public Disclosure: At the time of filing of a candidate for a City office, the candidate shall deliver to the City Secretary a disclosure statement containing the following information: (A) The location, size, and current use of all property owned within the city or within any contiquous city. or held in trust by the candidate, their spouse, and any dependent minor children, or any business entity in which the candidate has a financial interest. (B) and (C) [Shall remain unchanged] Section 4.08 Oath of Office: Every officer of the City, whether elected or appointed, shall, within thirty (30) days of his election or appointment. take and subscribe to the followinq applicable oath or affirmation to be filed and kept in the office of the City Secretary. (A) For elected officers. "I , do solemnly swear (or affirm) that I will faithfully execute the duties of , of the City of Collevville, State of Texas, and will to the best of my ability preserve, protect. and defend the Constitution and Laws of the United States of America and of this State and the Charter. Ordinances and Resolutions of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed. nor promised to contribute any money or valuable thinq, or promised any public office or employment. as a reward for the qivinq or withholdinq of a vote at the election at which I was elected. So help me God." (B) For appointed officers. "I , do solemnly swear (or affirm) that I will faithfully execute the duties of , of the City of Collevville, State of Texas, and will to the best of my ability preserve. protect. and defend the Constitution and Laws of the United States of America and of this State and the Charter, Ordinances and Resolutions of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay. contributed, nor promised to contribute any money or valuable thinq, or promised any public office or employment. as a reward to secure my appointment or the confirmation thereof. So help me God." for the proposition against the proposition PROPOSITION 7: Shall Article V, Recall of Officers by the People be amended as follows? "ARTICLE V RECALL OF OFFICERS BY THE PEOPLE Section 5.01 Scope of Recall: All members of the City Council shall be subiect to recall and removal from office bv the qualified voters of the city. ,^.ny City official, whether olected to office by the qU31ifiod yoters of the City or appointed by tho City Council to fill a vacancy, shall be subject to recall 3nd removal from office by the qualified voters of the City. Section 5.02 Petitions for R~call: Before the question of recall of such officer shall be submitted to the qualified voters of the City, a petition demanding such question to be submitted, shall first be signed by the qualified voters of the City equal in number to at least forty percent (40%) of the number of votes cast in the last regular municipal election of the City, and in no event less than five hundred (500) such petitioners. Each signer of such recall petition shall personally sign their name thereto in ink or indelible pencil, using their normal signature. In addition, each signer shall print their name, street address of their residence in Colleyville, voter registration certification number and the day, month and year that their signature was affixed to the recall petition. (Amended April 7,1984) Section 5.03 Form of Recall Petition: The recall petition mentioned above must be addressed to the City Council of the City of Colleyville, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and if there be more than one (1) ground, such as for incompetence incompetency, misconduct, or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed, notice of the matters and things with which he is charged. The signature shall be verified by oath in the following form: STATE OF TEXAS COUNTY OF TARRANT , being first duly sworn, on oath deposes and says that I am one (1) of the signers of the above petition and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. SWORN AND SUBSCRIBED TO before me this 204-9_ day of Notary Public in and for The State of Texas Section 5.04 Proposition 1.] Section 5.05 Proposition 1.] Section 5.06 Section 5.07 Section 5.08 Section 5.09 Section 5.10 Section 5.11 Proposition 1.] [Shall remain unchanged except as provided for in [Shall remain unchanged except as provided for in [Shall remain unchanged.] [Shall remain unchanged.] [Shall remain unchanged.] [Shall remain unchanged.] [Shall remain unchanged.] [Shall remain unchanged except as provided for in for the proposition against the proposition PROPOSITION 8: Shall Article VIII, Legal and Judicial Services be amended as follows? Section 8.01 Proposition 1.] Section 8.02 Proposition 1.] Section 8.03 "ARTICLE VIII LEGAL AND JUDICIAL SERVICES [Shall remain unchanged except as provided for in [Shall remain unchanged except as provided for in Clerk of the Municipal Court: There shall be a clerk of the Municipal Court to be appointed by the City Manager with the concurrence of the City Council. S3id clerk m3Y hold another position of City employment concurrent with, but second3ry to and not in conflict with this position. The clerk of the court and deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court, and generally do and perform any and all acts as usual and necessary to be performed by the clerks of courts in issuing process of said courts and conducting the business thereof. Section 8.04 City Attorney: The City Council shall appoint a competent and duly licensed attorney practicinq law in the State of Texas, who shall be the Attorney for the City (and may also be referred to as City Attorney). He shall receive for his services such compensation as may be fixed by the City Council and shall hold his office at the pleasure of the City Council. The City Council may contract with an attorney or with a firm of attorneys who may desiqnate one (1) member of said firm, with City Council approval. to serve as City Attorney. The City Attorney. or such other attorneys selected by him with the approval of the City Council. may represent the City in litiqation. The City Council shall have the riqht to retain special counsel at any time they may deem it appropriate and/or necessarv. The City Attorney shall be the leqal advisor of. and attorney and counsel for. the City and all officers and departments thereof and attend all meetinqs as deemed necessarv by the City Council. The City Attorney shall review and concur or dissent upon all documents. contracts. and leqal instruments in which the City may have an interest. The City Attorney shall perform other duties prescribed by this Charter. ordinance, or as directed by the City Council. The City Council Sh311 3ppoint a competent and duly licensed attorney practicing law in the St3te of Texas, who shall be the Attorney for the City (and m3Y also be referred to as City Attorney). He shall receive for his services such compensation as m3Y be fixed by the City Council and shall hold his office 3t the pleasure of the City Council. The City I\ttorney, or such other 3ttorneys selected by him 'Nith the approv31 of the City Council, sh311 represent the City in all litigation. He shall be the legal advisor of, and 3ttorney 3nd counsel for, the City and all officers 3nd departments thereof. The City Attorney sh311 reVie\N 3nd concur or dissent upon all documents, contr3cts, and leg31 instruments in which the City may h3ve 3n intorest. The City Council shall have the right to retain special counsel 3t any time they may deem it appropriate and/or necessary. The City Attorney shall perform other duties prescribed by this Ch3rter, ordinance, or as directed by the City Council." for the proposition against the proposition PROPOSITION 9: Shall Article IX, Municipal Finance be amended as follows? "ARTICLE IX MUNICIPAL FINANCE Section 9.01 [Shall remain unchanged] Section 9.02 Proposition 1.] (A) [Shall remain unchanged except as provided for in (B) [Shall remain unchanged except as provided for in Proposition 1.] (C) Public Notice and Hearing: The City Council shall post in the City Hall and publish in the official newspaper not more than fourteen (14) days prior to each public hearing on the budget a notice stating the time and place where copies of the message and budget are available for inspection by the public, and the time and place of each public hearing on the budget. The City Council may consider, holdinq 00Id public hearings and adopt the budget at reqular speci31 meetings called by the City Council for that purpose, notwithstanding the provisions of Section 3.11 of this Charter requiring action at two (2) three (3) consecutive regular City Council meetings. (Amended April 7, 1979) (D) [Shall remain unchanged except as provided for in Proposition 1.] (E) Adoption: The City Council shall adopt the budget by ordinance not later than the second reqular City Council meetinq in September of the current fiscal year. 30th d3Y of September. Adoption of the budget will require an affirmative vote of at least a majority of all of the members of the City Council. Adoption of the budget shall constitute appropriations of the amount specified therein as expenditures from the fund indicated, and shall constitute a levy of the property tax therein proposed. (Amended April 7, 1979) (F) Failure: If the City Council fails to adopt the budget by the 15th day of September second reqular City Council meetinq in September of the current fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis with all items in it pro-rated accordingly until such time as the City Council adopts a budget for the ensuing fiscal year. The levy of property tax normally approved as a part of the budget adoption will be set to equal the total current fiscal year receipts, unless the ensuing fiscal year budget is approved by September 15th the second reqular City Council meetinq in September of the current fiscal year. Section 9.03 [Shall remain unchanged.] Section 9.04 Amendments after Adoption: (A) Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council may. by Ordinance. carry the excess into the next fiscal year or by resolution may make supplemental appropriations to retire indebtedness or to fund emergency appropriations as described in Section 9.048 in this Charter. (B) [Shall remain unchanged except as provided for in Proposition 1.] (C) [Shall remain unchanged except as provided for in Proposition 1.] (D) [Shall remain unchanged except as provided for in Proposition 1.] (E) [Shall remain unchanged.] (F) [Shall remain unchanged.] Section 9.05 [Shall remain unchanged.] Section 9.06 [Shall remain unchanged except as provided for in Proposition 1.] Section 9.07 [Shall remain unchanged except as provided for in Proposition 1.] Section 9.08 [Shall remain unchanged except as provided for in Proposition 1.] Section 9.09 [Shall remain unchanged.]" for the proposition against the proposition PROPOSITION 10: Shall Article XI, Planning and Zoning, Board of Adjustment be amended as follows? "ARTICLE XI PLANNING AND ZONING, BOARD OF ADJUSTMENT Section 11.01 The Planning and Zoning Commission: There shall be established a Planning and Zoning Commission, which shall consist of seven (7) citizens of the City of Colleyville. Members of said Commission shall be appointed by the .Qj!y Council for a term of two (2) years who shall and will serve at the will and pleasure of the City Council. Three (3) members of the Planning and Zoning Commission shall be appointed each odd numbered year and four (4) members shall be appointed each even numbered year. The Commission shall elect a chairman from its membership and shall meet in the City Hall not less than once each month. The chairman of the Commission shall be a voting member. Vacancies which are created by resiqnation. removal by vote of a maiority of the City Council. or by fef any other reason shall be filled by the City Council for the remainder of the term. Vacancies shall be filled by the Council for the remainder of the term. A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. Attendance requirements for members shall be the same as for members of the City Council. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation. Section 11.02 Proposition 1.] [Shall remain unchanged except as provided for in Section 11.03 Proposition 1.] [Shall remain unchanged except as provided for in Section 11.04 Legal Effect of the Master Plan: Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any public way, ground or space, public building or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to the Commission and approved by the City Council. In case of Commission disapproval, they shall communicate their reasons to the City Council, which shall have the power to overrule such disapproval. 9y-a three fourths (3/4) vote, and upon such overruling, the Q!!y Council sh311 ha'.'e the pO\Ner to proceed. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground, or sale of any public building or real property, shall be subject to similar submission and approval of the Planning and Zoning Commission and failure to approve may be similarly overruled by the City Council. (Amended April 7,1979) Section 11.05 ZoninCl Board of Adjustment: There shall be a Zoninq Board of Adjustment as specified by State law in ^rticle 1011 G, Ch3pter '1 Title 28, Revised Civil St3tutes of Tex3s of 1925 as no,:.' or hero3fter revised. Vacancies which are created by resiqnation. or for any other reason shall be filled by the City Council for the remainder of the term. Section 11.06 Separation of Planning and Zoning Commissions: The City Council may by ordinance, at such time as deemed in the best interest of the citizens of Colleyville, create a separate Commission to perform the duties of Planning. This Commission shall have the same structure as provided for the Zoning Commission in Section 11.01, and will perform all duties listed in Section 11.01 through 11.05 of this Charter, for Planning only. The Zoning Commission will perform only the duties described in the same Sections for Zoning, and as advisory board to the Planning Commission." for the proposition against the proposition PROPOSITION 11: Shall Article XII, Franchises, Public Utilities and Other Users of Public Property be amended as follows? "ARTICLE XII FRANCHISES, PUBLIC UTILITIES AND OTHER USERS OF PUBLIC PROPERTY Section 12.01 Powers of the City: In addition to the City's power to buy, construct, lease, maintain, operate, and regulate public utilities and other users of public property, includinq, but not limited to users of the public riqhts-of-way. streets and utility easements, within or without the City Limits, and to manufacture, distribute and sell the commodities or products of such utility operations required and used by the public, the City shall have such further powers as may now or hereafter be granted under the Constitution and State law L~r.vs of the Stato of Texas. Such powers to requlate the use of public property includes, but is not limited to, the riqht to require relocation of facilities in the public riqhts-of-way. streets and utility easements. within or without the City Limits, at the facility owners cost for any City public works project to the fullest extent allowed the City now and as may hereafter be permitted by the Constitution and State law. Section 12.02 Power to Grant Franchise: The City Council shall have the power by ordinance to grant, renew, and extend all franchises for all public utilities of every character and consents and aqreements as to all other users of public property, includinq, but not limited to users of the public riqhts-of-way. streets and utility easements. operating within the City and, with consent of the franchise holder, to amend the same, provided, however, that no franchise shall be granted for an indeterminate term, and that no franchise shall be granted for a term of more than twenty (20) years from the date of the grant, renewal or extension. City Council action on all ordinances granting, renewing, extending or amending a public utility franchise shall comply with the applicable provisions set forth in Section 3.11 of this Charter. Section 12.03 [Shall remain unchanged.] Section 12.04 Transfer of Franchise: No public utility franchise shall be transferable except with the approval of the City Council as expressed by ordinance. The term "transferable", as used herein, shall not be construed in such manner as to prevent the franchise holder from pledQinQ said franchise as security for a valid debt or mortqaqe. Section 12.05 Right of Regulation: All grants, renewals, extensions, or amendments of public utility franchises and consents and aqreements as to all other users of public property, includinq, but not limited to users of the public riqhts-of-way. streets and utility easements. whether it be so provided in the ordinance or not, shall be subject to the right of the City: (A) [Shall remain unchanged.] (B) [Shall remain unchanged.] (C) [Shall remain unchanged.] (D) To require at any time such compensation and rental as may be permitted by State law the 13'#8 of the St3te of T eX38. (E) [Shall remain unchanged.] (F) [Shall remain unchanged.] Section 12.06 Extensions: All extensions of service of public utilities and of all other users of public property. includinq, but not limited to users of the public riqhts-of-way. streets and utility easements. within the City limits shall become a part of the aggregate property of the public utility, shall operate as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 12.05 of this Charter. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Section 12.07 Regulation of Rates: The City Council shall have full power after due notice and hearing to regulate by ordinance the rates, charges and fares of all public utility franchise holders providing gas, electric, water and sewer utility service within the City provided that no such ordinance shall be passed as an emergency measure. All such franchise holders who shall request an increase in rates, charges, or fares shall have, at the hearing of the City Council called to consider such request, the burden of establishing by clear, competent, and convincing evidence the value of its investment properly allowable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. If, upon such hearing, the City Council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such public utility for the furnishing of additional evidence at a subsequent date to which said hearing may be adjourned. No public utility franchise holder shall institute any legal action to contest any rate, charge, or fare fixed by the City Council until such franchise holder has filed a motion for rehearing with the City Council for a specific date setting out each ground of its complaint against the rate, charge, or fare fixed by the City Council, and until the City Council shall have acted upon such motion. Such motion shall be deemed overruled unless acted upon by the City Council within a reasonable time, not to exceed sixty (60) days from the filing of such motion for rehearing; provided, that the City Council may by resolution extend such time for acting on said motion for rehearing from sixty (60) days to ninety (90) days. The City shall have the power to employ at the expense of the franchise holder, expert assistance and advise in determining a reasonable rate and equitable profit to the franchise holder. Section 12.08 Proposition 1.] [Shall remain unchanged except as provided for in Section 12.09 Proposition 1.] [Shall remain unchanged except as provided for in Section 12.10 Sales of Municipal Services: The City Council shall have the power and authority by ordinance: (A) In or outside the limits of the City, to sell and distribute water; sell and provide sewer service; sell and provide garbage and trash collection disposition; and to sell and provide other municipal services, includinq but not limited to cable television services. telecommunications services, information services and other electronically transmitted services, whether transmitted by radio waves. liqht wave or impulses. by diqital transmissions or otherwise. unless expressly prohibited by the State or Federal law. (B) To establish specifications for materials and construction used within or beyond the limits of the City for such municipal services; inspect same and require such materials to be kept in good order and condition at all times; make such rules and regulations as shall be necessary and proper; and prescribe penalties for noncompliance with same. Section 12.11 [Shall remain unchanged.]" Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. for the proposition against the proposition THAT early voting shall be held at City Hall beginning April 20, 2005, and shall continue through May 3, 2005, Monday through Friday, from 8:00 a.m. until 5:00 p.m. and on Saturday, April 30, 2005, from 9 a.m. until 3:00 p.m.; and THAT voting machines shall be employed for the regular municipal election, including early voting, herein ordered in compliance with the provisions of Chapter 121 of the Texas Election Code, as amended; and THAT the following persons shall be the officers who shall conduct the election: Bertha Westerman - Presiding Judge Connie Hampton - Alternate Presiding Judge and no more than ten (10) eligible persons as clerks whom the election judge shall appoint; and THAT Tarrant County Elections Administration will assume the responsibility for the Early Voting Ballot Board. THAT the Election shall be conducted according to the election laws of the State of Texas and requirements of the Charter of the City of Colleyville. Sec. 8. THAT the notice of the election on the proposed Charter amendments shall be given by publication of the Propositions, all in accordance with State law, on the same day of two successive weeks in a newspaper of general circulation published within the City of Colleyville, the date of the first publication to be not less than fourteen (14) days before the election date set herein. Such notice shall include a substantial copy of the proposed amendments. Sec. 9. THAT the text of the City of Colleyville Charter, containing all proposed revisions, shall be kept in the office of the City Secretary of the City of Colleyville, and copies of it shall be made available to any person upon request free of charge. The notices required in Section 8 above shall state that the proposed text of the City of Colleyville Charter will be available to all interested persons at the office of the City Secretary of the City of Colleyville. Sec. 10. THAT should any Charter amendment section, provision, word, phrase, or clause of this ordinance or the application thereof to any person, or circumstances be held invalid, unconstitutional or ineffective, the remainder of the ordinance and the application of such provisions to the other persons or circumstances shall not be affected thereby. AND IT IS SO RESOLVED. APPROVED THIS OF AYES, DAY OF NAYS AND 2005, BY A VOTE ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor elTyeOUNelL cn@m", AGENDA BRIEFING lc-x:\$ MEETING DATE: ITEM#: RESOLUTION # : 03/01/05 10 R-05-2522 CITY MANAGER I DEPARTMENT HEAD ! FINANCE REVIEW I Previous Action: None DEPARTMENT: ENGINEERING SUBJECT : Approval of an Interlocal Agreement with Tarrant County for Improvements to Glade Road, Bransford Road and John McCain Road, in an amount not to exceed $160,000 Reading and Public Hearing The City of Colleyville re-initiated partnering with Tarrant County three years ago in the rehabilitation 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. The FY2005 projects include Glade Road from Bedford Road to 400' west of Bluebonnet Drive (1,265 linear feet), John McCain Road from Pleasant Run Road to Maranatha Court (5,390 linear feet), and Bransford Road from Glade Road to Shelton Drive (5,150 linear feet). This year's project totals 11,800 linear feet of roadway. 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 $160,000. The rehabilitation will include milling and disposal of the existing top layer of asphalt and the application of a 2-inch asphalt surface course. Dustrol will provide the milling under the current Tarrant County Contract Number 2004-095 at a cost not to exceed $45,000. This cost is included in the total cost of $160,000. 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-05-2522 Page 2 of 2 savings to the City of Colleyville of approximately 30% by partnering with Tarrant County on these types of projects. This is the second phase of the FY04-05 annual street maintenance program. The first phase was completed in October 2004 at a cost of approximately $186,000. Financial Impact Funding is available from the Street Department Resurfacing Budget. Recommendation Approval Attachments . Interlocal Agreement . Resolution R-05-2522 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of , 2005, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners 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 governing 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 John McCain Road from Pleasant Run Road to Maranatha Court (approximately 5,386 If). · Construction of a HMAC overlay on Bransford Road from Glade Road to Shelton Drive (approximately 5,150 If). · Construction of a HMAC Overlay on Glade Road from Bedford Road to 400 ft. West of Bluebonnet Trail (approximately 1,265 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. The CITY hereby agrees 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. John McCain Road Place a new two-inch HMAC surface. B. Bransford Road: Place a new two-inch HMAC surface. Reclaim and recycle existing roadbed materials, incorporate cement stabilization into the recycled roadbase, re-grade in areas as prescribed by the CITY. C. Glade Road: Place a new two-inch HMAC surface. 2. TARRANT COUNTY agrees to provide the labor and equipment necessary for the rehabilitation work of above projects. 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 cost of the removal of the existing asphalt surface by a milling contractor and is responsible for the adjustment of all valves, manholes, and utilities. The CITY will coordinate and disconnect any existing traffic signal loops and will be responsible for the replacement of all signal related devices if necessary. 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 COUNTY will provide temporary pavement markings where specified by the CITY. The COUNTY will be responsible for the placement of all permanent pavement markings as specified by the CITY. 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 (1) 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 * APPROVAL 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 ofthis document was conducted solely from the legal perspective of our client. Our approval ofthis 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-05-2522 A RESOLUTION AUTHORIZING THE APPROVAL OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR IMPROVEMENT TO GLADE ROAD, BRANSFORD ROAD AND JOHN MCCAIN ROAD WHEREAS, Tarrant County will rehabilitate approximately 1,265 linear feet of Glade Road from Bedford Road to 400' west of Bluebonnet Drive, 5,150 linear feet of Bransford Road from Glade Road to Shelton Drive, and 5,390 linear feet of John McCain Road from Pleasant Run Road to Maranatha Court; 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 2004-095 will provide milling services for the 2005 Street Resurfacing Improvement Project, in an amount not to exceed $45,000; 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, Bransford Road and John McCain Road, including milling services, in the amount not to exceed $160,000, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE AYES DAY OF NAYS AND 2005. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor COLLEYVILLE CENTER ADVISORY COMMITTEE FOURTH QUARTERLY MEETING - FY 2004 NOVEMBER 15, 2004 MINUTES Present: Chair Bonnie Carroll, Muriel Havran, Molly Skinner, Mark Johnson, Sheryl Black, John Gray, Pat Jones, Paul Vigiletti, Louis Miller Suzanne Harrington, Shirley Schollmeyer Council Liaison Rich Hendler, Center Manager Lin Przybyl Absent: Mary Michaels, Andrew Wayne, Rob Rutherford, 1. Chair Bonnie Carroll called the meeting to order at 5:35 p.m. 2. Minutes for the August 23, 2004 Advisory Committee Meeting were approved as read. 3. Minutes for the August 17, 2004 Marketing Subcommittee Meeting will be presented for approval after the next Subcommittee Meeting. 4. The Committee reviewed and discussed the Colleyville Center FY 2004 - 4th Quarter Report. 5. Marketing Subcommittee Chair Sheryl Black reported on the subcommittee's recommendation to schedule Marketing Subcommittee meetings on a bi-annual instead of quarterly basis. The committee agreed that future subcommittee meetings be held in the spring and fall. 6. Chair Bonnie Carroll adjourned the meeting at 6: 17 p.m. city Of ilcg Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, January 3,2005 6:30 p.m. Gil Turner called the meeting to order at 6:54 p.m. on Monday, January 3, 2005 at the Parks and Recreation office. ROLL CALL: Councilperson Tom Hart, GCISD Liaison Nancy Coplen, Bob Leininger, Chuck Thomas, Connie Hampton, Gil Turner, Jerry Birkes, Pete Riis and Vince Rosen ABSENT: Councilperson Elaine Dolan and Chris Foy STAFF: Monica Walsh, Director of Parks and Recreation, Craig Dishman, Recreation Supervisor, Keith Fisher, Public Works Director and Dixie Smith, Administrative Secretary 1 . Call to Order 2. Approval of the March 18, 2002 Parks and Recreation Advisory Board and Park Land Dedication Committee Joint Meeting Minutes, and approval of the November 1, 2004 Parks and Recreation Advisory Board Minutes Vince Rosen moved to approve the March 18, 2002 Parks and Recreation Advisory Board Park Land Dedication Committee Joint Meeting Minutes and the November 1, 2004 Parks and Recreation Advisory Board Minutes. Chuck Thomas seconded the motion. The vote was unanimous. 2. Introduction of Parks and Recreation Advisory Board members appointed for the term January 2005 - December 2006. The new Parks and Recreation Advisory Board member for Place 1 is Jerry Birkes. Vince Rosen will be returning as the Parks and Recreation Advisory Board member for Place 3. Parks and Recreation Advisory Board Meeting January 3, 2005 Page 2 4. Discussion and consideration of Eagle Scout Project Zaheer Tajani presented his Eagle Scout project to re-seal Kidsville playground. Pete Riis moved to approve the project. Vince Rosen seconded the motion. The vote was unanimous. 5. Discussion and consideration of approving funds for trail development Keith Fisher, Director of Public Works, presented a proposal by the City of Colleyville to construct a 10' wide (5" thick) concrete trail along the north side of McDonwell School Road from the Westmont Subdivision to the new Keller Independent School District (KISD) school. The cost of the trail project is estimated to be $197,000. Funding in the amount of $25,000 is available in the sidewalk escrow account. The remaining balance of $172,000 was recommended to be funded with monies from the Park Land Dedication Fund. Vice Rosen moved to recommend approval to the City Council to use $172,000 from the Park Land Dedication Fund to build the proposed trail along McDonwell School Road and to propose to the City Council to reimburse the Park Land Dedication Fund with monies from the General Fund or other funds. GiI Turner seconded the motion. The motion failed with a vote of 2 ayes and 4 nays. 6. Discussion of Youth Sports Associations' fee structures Staff presented a survey of surrounding communities regarding fees that are charged to their local sports associations and information from the Colleyville Soccer Association as to the practice time used by recreational teams and select teams. Bob Leininger moved that a subcommittee of four Park Board members meet with the presidents of football, baseball, soccer and softball youth sports associations to discuss practice facilities. Jerry Birkes seconded the motion. The subcommittee was reduced to three Advisory Board members. Bob Leininger, Vince Rosen and Jerry Birkes will serve on the subcommittee. 7. Recreation, Athletics, Tennis and Seniors' Reports Craig Dishman, Recreation Supervisor, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. The Parks and Recreation Department received the TRAPS Regional Lone Star Programming Award for the Outdoor Kids Program. The Department also received the Texas Turf Grass Association's "Soccer Field of the Year" award. 8. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. Parks and Recreation Advisory Board Meeting January 3, 2005 Page 3 9. Adjournment Vince Rosen moved to adjourn at 8:22 p.m. Bob Leininger seconded the motion. The vote was unanimous. Respectfully submitted and approved: (-- ,~ ': ." ",\j7 (.' 10:...j0-1~. ' '\^;~JP'v/ Dixie S: Smith, Administrative Secretary COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES January 10, 2005 I. CALL TO ORDER - Chair Pat Jones called the meeting of the Colleyville Public Library Board to order at 7:00 p.m. ROLL CALL - Members present: Pat Jones, Karen Birkes, Nancy Eytcheson, Susan Potter, Richard Roxburgh, Bonnie Carroll and Carol Wollin Alternates present: Dennis Healy and Angie Guthrie-Madison Ex-Officio Members Present: John Eubanks and Ginny Tigue Ex-Officio Members absent: Mayor Joe Hocutt, Dr. Larry Darlage, Ret Stansburger and Steve Banta Council Liaison Absent: Jon Ayers Staff present: Mary Rodne and Paul Frederiksen II. Approval of December 13, 2004 Minutes - A motion was made by Nancy Eytcheson and seconded by Susan Potter to approve the December 13, 2004 minutes. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library December 2004 Usage Statistics, for review and discussion. Patrons had checked out a total of 7,889 items, 119 Colleyville residents registered for Library cards, library patron visits totaled 4,851 and attendance for programs totaled 126. Rodne noted that the Library had been closed four days during December for City observed holidays and that the usage statistics would reflect the closings. Volunteer statistics were also distributed. It was noted that, to date, volunteer hours total 459.95 hours. b. Donations Director Rodne reported that the Library had received donations in the amount of $4,264; $4,239.00 from the Friends of the Library and $25.00 from Cynthia Perkins. c. Programs Director Rodne reported that the winter session of Youth Services programs were starting the week of January 19th. Registration for the programs had started on January 10th. IV. Discussion of Long Range Planning Director Rodne gave an update on the Library planning process activities and presented options for selecting a planning committee facilitator. Two options were discussed: to appoint a qualified community representative as a chair or to hire a trained facilitator. It was noted that Joan Cochran, a retired Verizon facilitator, was very interested in the process and had offered her services as a volunteer. Discussion ensued. Consensus was to pursue options with Joan Cochran. Director Rodne agreed to schedule a meeting with her to discuss the planning process and possible online training available through the Public Library Association. V. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT Carol Wollin presented an overview of the Friends of the Library activities. She reported that the 5th annual Millionaire event had been scheduled on April 8, 2005, at the Colleyville Center. Wollin also noted that a Youth Services Wish List of items for story time program materials had been approved for purchase at the January Friends Board meeting. VI. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Ginny Tigue presented an update of Foundation activities. Tigue reported that the two recent Foundation fundraisers, the mailer and the Book Theme Party, had been very successful. Monies received from the mailer plus the $15,000 grant from the Hudson Foundation would be presented to the Library in February. Tigue also reported that the Foundation currently had $80,000 in a fund for the development of the upper level of the Library. VII. SUGGESTED ITEMS FOR FUTURE MEETINGS VIII. CITIZEN COMMENTS None IX. ADJOURN: A motion was made by Karen Birkes and seconded by Bonnie Carroll to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:42 PM. .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - January 10, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Thomas Dolan, Dave Dudziak, Luann Edwards, Thomas Bartkowski, John Blassingame, and Denis Duffy were present. Barry LeBaron and Amy Shelley from staff were present. City Attorney, Ross Foster was also present. INVOCATION The invocation was given by Commissioner Duffy. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the minutes of the December 13, 2004 meeting. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Byerly Nay: None Abstain: Edwards CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-001- Minor plat of Glade Points Addition, 1.1 acres located on Lot 6, Block 1 at Glade Road and Heritage Avenue Barry LeBaron presented the case and briefed the Commission. Commissioner Duffy questioned staff about the commercial properties located around that area? Barry LeBaron responded being two other banks located around the area. Commissioner Dudziak questioned staff about the trail mentioned in the Planning and Zoning briefing? Barry LeBaron responded the developer is to continue the trail that already exists. Commissioner Dudziak stated not having seen this trail in the trail plan and does not want to make the developer put in a trail if it is not in Planning & Zoning Commission Minutes - January 10, 2005 Page 1 of 6 the plan. Barry LeBaron stated he would have to research to see where the proposed trail would continue. Commissioner Edwards made motion to approve Case P-05-001. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 2. Case P-05-002- Minor plat of Luxmont Estates Addition, 2.11 acres located on abstract 1692, Tract 1 B4 of the T. White Survey at 6304 LD Lockett Barry LeBaron presented the case and briefed the Commission. Commissioner Edwards questioned staff about which lot is being taken off? Barry LeBaron responded with the diagrams. Commissioner Edwards questioned staff about why the applicant does not do a rezoning on the lot. Barry LeBaron responded not having to rezone because the AG zone satisfies all of the applicant's needs. Commissioner Duffy questioned staff about the City Council granting a waiver for a street perimeter. Barry LeBaron responded City Council has granted the waiver. Commissioner Duffy made motion to approve Case P-05-002 with new set back lines indicated on plat. Commissioner Edwards seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 3. Case P-04-027 - PUBLIC HEARING - Old Grove Addition, Phase 2, being a Replat of 2.20 acres located at 103-105 John McCain Road Barry LeBaron presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:22 P.M. David Bagwell, applicant, presented his request and briefed the Commission. There being no one wishing to speak, the public hearing was closed at 7:25 P.M. Commissioner Byerly questioned staff about the trail ROW not being indicated on this plat. Barry LeBaron responded the trail ROW needs to be indicated on the plat when approved by the Commission. Mr. Bagwell stated being an oversight the trail not being on the plat and it will be put on the final plat. Commissioner Edwards made motion to approve Case P-04-027 with the addition of the trail indicated on plat. Commissioner Dolan seconded. Planning & Zoning Commission Minutes - January 10, 2005 Page 20f6 The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 4. Case Z-05-001 - PUBLIC HEARING - Request for an amendment to the PUD-R for Strathmore Addition, Lots 10-16, Block 1 located at the 3200 Block of Glade Road Barry LeBaron presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:32 P.M. Bruce Scasta, applicant with Mady Development presented his request and briefed the staff. Commissioner Duffy questioned the applicant for clarity about properties. Commissioner Bartkowski questioned the applicant for clarity how long the fencing and buildings have been there. Mr. Scasta stated the fencing and buildings were already there when this property was purchased. Commissioner Bartkowski questioned why the fencing was not brought up during the PUD process. Mr. Scasta stated he being hopeful that the metal fencing would come down. Commissioner Edwards questioned the applicant about using landscaping. Mr. Scasta stated the building lines and property lines would prohibit landscaping and because the current fencing is a white metal fence, it would take a lot of shrubbery to cover. Commissioner Duffy questioned Mr. Scasta about Mr. Cantrell's fencing. Mr. Scasta responded with the drawings provided. Commissioner Blassingame questioned Mr. Scasta, if in the original PUD, was it agreed upon that the metal fence would come down? Mr. Scasta stated they were hopeful the fence would come down. Commissioner Blassingame questioned the applicant if at that time were you aware of what was behind that metal fence. Mr. Scasta replied yes. Commissioner Blassingame stated the ornamental fencing in the PUD was ok at the time knowing what was behind the metal fence. Mr. Scasta replied being hopeful that the fence and barn and possibly other buildings would come down as the property developed. Commissioner Dudziak questioned the applicant if Mr. Cantrell had been approached at the time and if he would take down the metal fence? Mr. Scasta stated no. Commissioner Dudziak stated you knew the fence was there and the ornamental open fencing stated in the PUD was ok at that time, just an expectation. Mr. Scasta responded being hopeful the metal fence on Mr. Cantrell's side would come down. Gary Cantrell, 3400 Glade Road, property owner east of this Strathmore addition and spoke in opposition of this request. He stated he would only take down his fence and barn if Mady Development would agree to put up wrought iron fencing Planning & Zoning Commission Minutes - January 10, 2005 Page 3 of 6 with landscaping. Commissioner Edwards questioned Mr. Cantrell about the use of the barn. Mr. Cantrell stated he uses his barn to store hay in for his cattle. Commissioner Duffy questioned Mr. Cantrell about his property and Mr. Cantrell responded with the drawings provided. Commissioner Bartkowski questioned Mr. Cantrell why he is opposed to a wooden fence. Mr. Cantrell responded his metal fence looks better and is more durable than a wooden fence. Commissioner Bartkowski questioned Mr. Cantrell about the placement of his fence. Mr. Cantrell responded four or five inches on his side. There being no one wishing to speak, the public hearing was closed at 7:52 P.M. Commissioner Edwards made motion to deny Case Z-05-001. Commissioner Dudziak seconded. The motion was denied by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None TABLED ITEMS 5. Case Z-04-042 - TABLED ITEM - Zoning change from AG to R40 and R20 on 4 acres located at 512 Shelton Drive Commissioner Duffy made motion to remove case Z-04-042 from table. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None Barry LeBaron presented the case and briefed the Commission. Commissioner Duffy questioned staff about the waiver for streets if any. Barry LeBaron responded no wavier provisions are only for one lot. Commissioner Duffy questioned for clarification about the drawings and the R40 zoning and R20. Is this drawing set in stone? Barry LeBaron responded this being a zoning case only, not platting. However, there is not much room for change. Commissioner Duffy stated all drainage issues will be taken care of at platting. Barry LeBaron responded correct. Commissioner Duffy questioned staff about the build out of the area, is that the densest build out and are we alright for that density as far as being able to handle those homeowners? Barry LeBaron responded correct. Commissioner Byerly made motion to adjourn for 5 minutes at 8:05 P.M. Planning & Zoning Commission Minutes - January 10, 2005 Page 4 of6 Commissioner Byerly called meeting to order at 8:14 P.M. Commissioner Dudziak questioned Chad Bartee, Engineer City of Colleyville; clarify about the drainage issues with Mr. Bagwell. Mr. Bartee responded the existing systems will have the adequate capacity to handle those homes. Commissioner Dudziak made motion to approve Case Z-04-042. Commissioner Edwards seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 6. Case Z-04-043 - TABLED ITEM - Zoning change from AG to R40 on 10 acres located at 600 Shelton Drive Commissioner Duffy made motion to remove case Z-04-043 from table. Commissioner Byerly seconded. Barry LeBaron presented the case and briefed the Commission. Commissioner Byerly made motion to adjourn for 5 minutes at 8:05 P.M. Commissioner Byerly called meeting to order at 8:14 P.M. Commissioner Duffy made motion to approve Case Z-04-043. Commissioner Edwards seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron reminded the Commission about the workshop to be held on January 20, 2005 and an agenda will be forth coming. Commissioner Dudziak stated wanting the Commissioners to have a copy of the parkland dedication ordinance. COMMISSIONER COMMENTS Commissioner Duffy expressed thanks to Chad Bartee and the Engineering Department. Commissioner Edwards stated needing a pathways plan. Barry LeBaron responded getting the 1999 plan to the Commissioners and that staff is in the process of evaluating the current plan and modifying the plan. Commissioner Byerly stated having clarity in the sign in procedure for the speakers. Barry LeBaron responded the changes could be made in the Rules and Procedures. ADJOURNMENT The Commission adjourned the meeting at 8:30 p.m. by acclamation. Planning & Zoning Commission Minutes - January 10, 2005 Page 5 of 6 Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: January 24, 2005 Planning & Zoning Commission Minutes - January 10, 2005 Page 60f6 .~ l'ex:as PLANNING AND ZONING COMMISSION MEETING MINUTES - January 24, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Thomas Dolan, Dave Dudziak, Luann Edwards, Thomas Bartkowski, John Blassingame, Denis Duffy and Jeff Byerly were present. Barry LeBaron and Amy Shelley from staff were present. City Attorney, Ross Foster was also present. INVOCATION The invocation was given by Commissioner Edwards. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Edwards moved to approve the minutes of the January 10, 2005 meeting. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Byerly, Edwards, Blassingame, and Duffy Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-OS-003- Preliminary Plat of Pine Hill Estates Addition, 3.67 acres located on Abstract 331, Tract 2C of the A.J. Caldwell Survey at 1209 Tinker Road Barry LeBaron presented the case and briefed the Commission. Commissioner Duffy questioned staff about the drainage numbers increasing even though there would be development on this property. Dean DeCavitte, the applicant, responded that his engineer would provide a drainage study and would comply with all city requirements for the area. Robert Woods, Engineer, City of Colleyville, responded using drainage map provided, stated the drainage numbers would increase, but not significantly. Commissioner Duffy questioned staff if the house currently on the property would be removed. Barry LeBaron Planning & Zoning Commission Minutes - January 24, 2005 Page 1 of 3 responded correct. Commissioner Duffy made motion to approve Case P-05-003. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Byerly, Edwards, Blassingame, and Duffy Nay: None STAFF REPORTS Barry LeBaron stated to the Commission the workshop held on January 20th went well and an agenda will be forth coming for the February 10, 2005 workshop and for the Public Hearing on February 28, 2005. COMMISSIONER COMMENTS ADJOURNMENT The Commission adjourned the meeting at 7:19 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: February 14, 2005 Planning & Zoning Commission Minutes - January 24, 2005 Page 2 of 3 RESOLUTION R-05-2523 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 1, 2005 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. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor