HomeMy WebLinkAboutCity Council-Agenda Packets-5/17/2005
city Of
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
100 MAIN STREET
MAY 17, 2005
5:15 P.M. - PRE-COUNCIL AGENDA
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1. Discussion of the attendance requirements for the Parks and Recreation
Advisory Board
PC-2. Presentation of Monthly Financial Report
PC-3. Discussion of the May 17, 2005, City Council regular agenda items
G:25 P.M. - CELEBRATE COLLEYVILLE STEERING COMMITTEE
APPLICANT INTERVIEWS
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
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. 551.072 -
Sec. 551.072 -
Sec. 551.072 -
Sec. 551.074 -
Sec. 551.087 -
INVOCATION:
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Legal - Potential Litigation - Pecan Village Partners
Property Acquisition
Proposed Sale of Property - 5500 Colleyville Boulevard
Proposed Sale of Property - 5100 Colleyville Boulevard
Personnel - Deliberate the assignment, duties, performance
and evaluation of the City Manager
Economic Development Conference with City Manager and
staff to discuss and deliberate commercial and financial
information received from business prospect(s) the City
seeks to have locate, stay, or expand within the City; with
which business(es) the City is pursuing and conducting
economic development negotiations
7:30 P.M. - RESUME REGULAR MEETING
COUNCIL CHAMBERS
Sister Theresa Khirallah, Good Shepherd Catholic Community
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2.
READING AND PUBLIC HEARING - Resolution R-05-2543 - Canvassing the
results of the General Election for Mayor and Places 1 and 2, held May 7, 2005
3.
READING AND PUBLIC HEARING - Resolution R-05-2544 - Canvassing the
results of the Special City Charter Amendment Election, held May 7,2005
4.
OATH OF OFFICE - MAYOR AND COUNCILMEMBERS, PLACES 1 AND 2
5.
RECEPTION FOR MAYOR AND COUNCILMEMBERS
G.
ELECTION OF MAYOR PRO TEM
7. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
PLAQUES -
In recognition of service on the Colleyville City Council - Mayor
Joe Hocutt and Councilpersons Elaine Dolan and Mark Skinner
CONSENT:
8. READING AND PUBLIC HEARING - Resolution R-05-2545 - Consent Items:
a. Approval of Minutes of the regular City Council meeting of May 3, 2005
b. Approval of the Donation of equipment and professional services for
interconnectivity to City facilities by MeshLinx, Inc. and an Agreement with
TXU for the use of facilities
PUBLIC HEARINGS:
9. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1525 -
Approval of a Zoning Change from AG and R30 to R40 on 2.55 acres located at
6112 and 6115 Hunter Lane, Case Z-05-011
10. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1526 - Approval
of a Zoning Change from ML to CN on 1.93 acres located at 6513 and 6515
Colleyville Boulevard, Case Z-05-012
11. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1527 - Approval
to Amend Section 2 of Ordinance 0-04-1493 relating to the Fiscal Year 2004-
2005 Budget, to authorize the expenditure of $300,000 of unappropriated fund
balance of the General Fund for the engineering and construction costs for the
Tara Subdivision drainage work
12. READING AND PUBLIC HEARING - Resolution R-05-2546 - Consideration of
appointment to the Celebrate Colleyville Steering Committee
13. READING AND PUBLIC HEARING - Resolution R-05-2547 - Setting a date for
the City Council planning meeting
TABLED ITEM:
14. CONSIDERATION OF ORDINANCE 0-05-1524 - Approval to amend Section 2
of Ordinance 0-04-1493 relating to the Fiscal Year 2004-2005 Budget, to
authorize the expenditure of $975,000 of unappropriated fund balance of the
General Fund for the construction of the Senior Citizen's Center on the site of the
former City hall Building at 5400 Bransford Road
REPORTS:
15. PARKS AND RECREATION ADVISORY BOARD MINUTES - April 4, 2005
PLANNING AND ZONING COMMISSION MINUTES - April 11, 2005
LIBRARY BOARD MINUTES - April 11, 2005
COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION MINUTES -
April 28, 2005
CITIZEN COMMENTS:
1G. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 17, 2005 - Reading
and Public Hearing - Resolution R-05-2548
ADJOURNMENT:
18. ADJOURNMENT
I hereby certify the abo
atA~n ~
C~ia ~~Ieton, 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.
PRE-COUNCIL
ccen0 AGENDA BRIEFING
iL~X;:1S
MEETING DATE:
ITEM#:
05/17/05
PC-1
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: None
DEPARTMENT: PARKS AND RECREATION
SUBJECT: Discussion of the attendance requirements for the
Parks and Recreation Advisory Board
As requested by a Councilperson, this item will allow staff to review attendance requirements
for the Parks and Recreation Advisory Board compared to other Boards/Commissions with
attendance requirements.
Attachments
· Ordinance 0-89-719
. Ordinance 0-04-1446
· City Charter, Article XI, Planning and Zoning, Board of Adjustments
· Zoning Board of Adjustments: Establishment and Procedures
· Ordinance 0-04-1466
· Parks and Recreation Advisory Board Attendance Log FY 2003/2004
· Parks and Recreation Advisory Board Attendance Log FY 2004/2005
1
2
3
ORDINANCE 0-89-719
~~
s-/;l-f?
1./ : 3-f) p . ffl. .
~.
AN ORDINANCE ESTABLISHING A PARKS AND RECREATION ADVISORY BOARD;
4 ESTABLISHING THE TERMS OF MEMBERS; DEFINING THE DUTIES AND
RESPONSIBILITIES; APPROVING THE BY-LAWS.
I WHEREAS,
Ii
II
II NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
'I OF COLLEYVILLE, TEXAS, AS FOLLOWS:
I
II Sec. 1:
II
I!
'I
I'
II
II
ji
"
II
II
II
,I
II
II
II
I'
I
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
i
I
I
II
,I
II
II
I
21
22
23
24
25
26
the City Council deems it is in the best interest
of the City to establish a Parks and Recreation Advisory
Board,
There shall be established a Parks and Recreation
Advisory Board which shall consist of eight citizens
of the City of Colleyville. Members of the Board
shall be appointed by the Council for a term of two
years. Four (4) members of the Parks and Recreation
Board shall be appointed each odd numbered year and
four (4) members shall be appointed each even numbered
year. The Board shall elect a Chairman for its i
membership and shall meet not less than once a month.
The Chairman of the Board shall be a non-voting member
except in the case of a tie. Vacancies shall be filled
by the Council for the remainder of the term. A quorum
shall consist of five (5) members. Members of the
Board may be removed by a majority of the Council
after public hearing and for cause set forth in writing.
The Board shall keep minutes of its proceedings which
shall be of public record. The Board shall serve
without compensation.
Duties and Responsibilities:
a. Act in an advisory capacity to the City Council
and the Parks and Recreation Coordinator in all
matters, including finances, pertaining to Parks
and Recreation and coordinate with other
governmental agencies, civic groups and all
citizens of Colleyville in advancement of sound
Parks and Recreation planning and programming.
b.
and
of
of
Adopt a set of bylaws and establish policies
procedures for the proper administration
the Parks and Recreation Board and programs
the City.
c. Recommend policies on recreation services
to the City Council.
1
II Ordinance 0-89-719
1
2
3
d. Recommend any and all usage of the "Park
Fund" to City Council.
4
5
I
Ii
.1
Ii
,I
Ii
Ii
q
Ii
fl
Ii
Ii
cI
I'
II
'I
I
I:
I'
.1
II
i
I
I Sec. 2:
I
e. Recommend the adoption of
recreational areas, facilities,
their financial support.
standards
programs
for
and
6
f. Have periodic inventories made of existing
services and survey of services needed and
interpret the needs of the public to the City
Council and to the Parks and Recreation
Coordinator.
7
8
9
g. Recommend for acquisition by the City Council
certain lands and buildings deemed necessary
for the use of the City Parks and Recreation
programs.
10
11
the
and
improvement
Recreation
h. Submit recommendation for
and expansion of the Parks
facilities, equipment and programs.
12
13
i. The Parks and Recreation Board has the right
to establish standing committees and other such
committees as from time to time may be deemed
necessary.
14
15
That the By-Laws submitted by Parks and Recreation
Advisory Board are hereby approved.
16
AND IT IS SO ORDERED.
17
Jtvlt
reading and J)u)f},ic hearing being conducted on
day of ~ ' 1989.
reading and pUb~ hearing being conducted on the
day of ~~, 1989.
reading and ~,lic hearing being conducted on
day of ~ ___ , 1989.
CITY OF COLLEYVILLE
the
the
The
18
~~~'-~~~
Cliris Hawkins
Mayor
19
The fpemd
The thiDd
Af)+CI
20
21
ATTEST:
22
23
24
FORM AND LEGALITY:
25 i _ J I
26 II ~
.__,__JL~~ t; ~~_:~~~~~~_____,_,_
2
u- ~.v- 71?
BY-LAWS
CITY OF COLLEYVILLE
PARKS AND RECREATION BOARD
STANDARD OPERATING PROCEDURES
I. ORGANIZATION AND OFFICERS
1. ORGAN I ZA TI ON
The Parks and Recreation Board shall consist of 8 regular members
and shall be organized and shall exercise such powers as prescribed
by the Ordinance of the City. The members shall be residents of
the City and shall be appointed by City Council for a period of two
(2) years per appointment.
2. OFFICERS
A Chairman, Vice-chairman and Secretary shall be elected annually
from among the Board's membership at the first meeting in January
and at such other times as these offices may become vacant. The
office of the Chairman will be a non-voting position, except in case
of a tie.
3. DUTIES
A. The Board shall advise the City Council on those matters falling
within its charged responsibilities in a manner reflecting concern
for the overall Park development and environment of the City
as a setting for human activities.
B. The Chairman, or in his absence the Vice-Chairman, shall preside
at all meetings, shall decide all points of order or procedure.
All letters of transmittal from the Board to the City Council
shall be over the signature of the Chairman.
C.
The Secretary will record the minutes of each meeting.
prepare a copy of the minutes of each meeting and give a
of them to the Parks and Recreation Coordinator within 10
of said meeting.
Will
copy
days
D. Establish standing committees and other such committees as from
time to time may be deemed necessary.
II. MEETINGS
1. PROCEDURES
Robert Rules of Order shall govern the procedure for Parks and
Recreation Board Meetings.
2. QUORUM
A quorum shall consist of five (5) members.
(j-fr-7/'(
3. AGENDA
An agenda shall be prepared by the City Staff for each meeting of
the Park and Recreation Board. There shall be attached to each agenda
a report of matters pending further action by the Board. A copy
of the agenda shall be posted in the City Hall as required by law
for a period of three full calendar days not counting the day of
the meeting or the day of posting.
4. REGULAR MEETINGS
Regular meetings shall be held on the first Thursday of the month
in the Council Chambers of the City Hall, unless otherwise determined
by the Board.
5. SPECIAL MEETINGS
Special meetings for any purpose may be held: 1. On the call of
the Chairman, or 2. On request of two or more members and by giving
written notice to all members deposited in the mail at least 48 hours
before the meeting, or 3. As may be scheduled by a majority of the
Board at any previous meeting. The time and place of the special
meeting shall be determined by the convening authority.
6. PUBLIC MEETINGS
All meetings shall be held in full compliance with the provlslon
of state law, ordinances of the City and these rules of procedure.
Any party in interest may appear in his own behalf or be represented
by counselor agent. The Chairman holds the right to set a time
limit for public presentation.
8. MINUTES
The approved mi nutes from each meeti ng wi 11 be fil ed with the Parks
and Recreation Coordinator with a copy retained by the Parks and
Recreation Board Secretary.
III. HEARINGS AND DECISIONS
1. ORDER OF BUSINESS
The chairman shall call the Board to order, and the members present
and absent shall be recorded. The minutes of any preceding meeting
shall be submitted for approval. The public shall be advised of
the procedures to be followed in the meeting. The Secretary shall
publicly advise the Board of any communications received pertaining
to any matter before the Board.
o -cP9 - 7/7
The Board shall then hear and act upon those proposals scheduled
for consideration of public hearing together with such other matter
of business and report as the Board or Secretary finds to require
Board considerations.
2. MOTIONS
A. A motion maybe made by any member other than the presiding
officer.
B. A motion to approve any matter before the Board or to recommend
approva 1 of any request requi ring counci 1 action shall requi re
a simple majority of the voting members. When fewer than all
the members are present for the voting and when all motions to
recommend on a given application fail to carry by ~ vote,
consideration of the appl ication shall be continued to the next
regular meeting upon motion carried by a majority of those present.
Provided further that no request or application shall be continued
under this rule beyond the next regular meeting; failure of the
Board to secure a majority of concurring votes to approve or
recommend approval at said next regular meeting shall be recorded
in the minutes as a denial of the proposal under this rule.
3. DISQUALIFICATION FROM VOTING
A. A member shall disqualify oneself from voting whenever one finds
that one has a personal or monetary interest in the property
under appeal, or one will be directly affected by the decision
of the Board.
B. A member may disqualify oneself from voting whenever any applicant,
or ones agent, has sought to i nfl uence the vote of the member
on ones application, other than in the public hearing.
IV. AMENDMENTS
1. Proposed amendments to these by-l aws must be approved by a quorum
vote.
2. All members of the Board must be notified two weeks prior the meeting
for amendment vote.
..~~.____.__--L..._.._______.~___.,__,.______.____._........._
ORDINANCE 0-04-1446
AN ORDINANCE AMENDING ORDINANCE 0-89-719 ESTABLISHING A PARKS
AND RECREATION ADVISORY BOARD; ESTABLISHING THE TERMS OF
MEMBERS; DEFINING THE DUTIES AND RESPONSIBILITIES; APPROVING THE
BY -LAWS.
WHEREAS, the City Council deems it is in the best interest of the City to establish a
Parks and Recreation Advisory Board,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, AS FOLLOWS:
Sec. 1:
There shall be established a Parks and Recreation Advisory Board which
shall consist of eight citizens of the City of Colleyville. Members of the
Board shall be appointed by the Council for a term of two years. Four (4)
members of the Parks and Recreation Board shall be appointed each odd
numbered year and four (4) members shall be appointed each even
numbered year. The Board shall elect a Chair for its membership and
shall meet when action is required by the board. The Chair of the Board
shall be a non-voting member except in the case of a tie. Vacancies shall
be filled by the Council for the remainder of the term. A quorum shall
consist of five (5) members. Members of the Board may be removed by a
majority of the Council after public hearing and for cause set forth in
writing. The Board shall keep minutes of its proceedings which shall be of
public record. The Board shall serve without compensation.
Duties and Responsibilities:
a. Act in an advisory capacity to the City Council and the Parks
and Recreation Director in all matters, including finances,
pertaining to Parks and Recreation and coordinate with other
governmental agencies, civic groups and all citizens of
Colleyville in advancement of sound Parks and Recreation
planning and programming.
b. Adopt a set of bylaws and recommend policies and procedures
for the proper administration of the Parks and Recreation
Advisory Board.
c. Recommend policies on parkS and recreation services to the
City Council.
d. Recommend any and all usage of the Parkland Dedication Fund
and Voluntary Park Fund to City Council for consideration.
Ordinance 0-04-1446
Page 2 of 2
e. Recommend the adoption of standards for recreational areas,
facilities, programs and their financial support.
f. Have periodic inventories made of existing services and survey
of services needed and interpret the needs of the public to the
City Council and to the Parks and Recreation Director.
g. Recommend for acquisition by the City Council certain lands
and buildings deemed necessary for the use of the City Parks
and Recreation programs.
h. Submit recommendation for the improvement and expansion of
the Parks and Recreation facilities, equipment and programs.
i. The Parks and Recreation Advisory Board has the right to
establish standing committees and other such committees as
from time to time may be deemed necessary.
Sec. 2:
That the By-Laws submitted by Parks and Recreation Advisory Board are
hereby approved.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the /'1' M day of
,
February 2004.
The second reading and public hearing being conducted on the .",1, ~ day of
March 2004.
~~0)Y~
Cynthia Singleton, TRMC
City Secretary
f~_TO FORM AND LEGALITY:
Ross V::::
City Attorney
BY-LAWS
CITY OF COLLEYVI LLE
PARKS AND RECREATION ADVISORY BOARD
STANDARD OPERATING PROCEDURES
I. ORGANIZATION AND OFFICERS
1. ORGANIZATION
The Parks and Recreation Board shall consist of eight (8) regular
members and shall be organized and shall exercise such powers as
prescribed by the Ordinance of the City. The members shall be residents
of the City and shall be appointed by City Council for a period of two (2)
years per appointment.
2. OFFICERS
A Chair, and Vice-Chair shall be elected annually from among the Board's
membership at the first meeting in January and at such other times as
these offices may become vacant. The office of the Chair will be a non-
voting position, except in case of a tie.
3. DUTIES
A. The Board serves as an advisory body to the City Council on all
matters pertaining to the delivery of leisure services to the citizens
of Colleyville.
B. The Chair, or in his/her absence the Vice-Chair, shall preside at all
meetings, shall decide all points of order or procedure. Staff
representatives shall record, or cause to be recorded, accurate and
complete minutes of all business proceedings. .
C. Establish standing committees and other such committees from
time to time may be deemed necessary.
II. MEETINGS
1. PROCEDURES
Robert Rules of Order shall govern the procedure for Parks and
Recreation Advisory Board meetings.
2. QUORUM
A quorum shall consist of five (5) members.
3. AGENDA
An agenda shall be prepared by the City Staff for each meeting of the
Parks and Recreation Advisory Board. There shall be attached to each
agenda a report of matters pending further action by the Board. An
agenda will be posted in accordance with the Open Meeting Act.
4. REGULAR MEETINGS
Regular meetings in the City of Colleyville or whenever necessary at any
previously designated public place shall be held on the first Monday of the
month, unless otherwise determined by the Board.
5. SPECIAL MEETINGS
Special meetings for any purpose may be held: 1. On the call of the
Chair, or 2. On request of two or more members, or 3. As may be
scheduled by a majority of the Board at any previous meeting. The time
and place of the special meeting shall be determined by the convening
authority. Special meetings shall be conducted in accordance with the
Open Meetings Act.
6. PUBLIC MEETINGS
All meetings shall be held in full compliance with the provision of state law,
ordinances of the City and these rules of procedure.
l' ,.' """"'" . ~". ~
8. MINUTES
The approved minutes from each meeting will be filed with the Parks and
Recreation Director with a copy retained by the City.
9. STAFF SUPPORT
Staff representatives shall be in attendance at Board meetings. They
should participate in meetings to provide staff assistance, report and
recommendations.
III. HEARINGS AND DECISIONS
1. ORDER OF BUSINESS
The chair shall call the Board to order, and the members present and
absent shall be recorded. The minutes of any preceding meeting shall be
submitted for approval. The public shall be advised of the procedures to
be followed in the meeting.
The Board shall then hear and act upon those proposals scheduled for
consideration of public hearing.
2. MOTIONS
A. A motion may be made by any member other than the presiding
officer.
B. A motion to approve any matter before the Board or to recommend
approval of any request requiring council action shall require a
simple majority of the voting members. When fewer than all the
members are present for the voting and when all motions to
recommend on a given application fail to carry by one vote.
3. DISQUALIFICATION FROM VOTING
A. A member shall disqualify oneself from voting whenever one finds
that one has personal or monetary interest in the property under
appeal, or one will be directly affected by the decision of the Board.
B. A member may disqualify oneself from voting whenever any
applicant, or one's agent, has sought to influence the vote of the
member on one's application, other than in the public meeting.
IV. AMENDMENTS
1. Proposed amendments to these by-laws must be approved by a quorum
vote.
such property are unknown, such assessments may be made in the name "unknown".
(Amended April 4, 1981)
Section 10.05 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 alter the tax rolls for the year have been
completed and approved, which shall be not later than October 1 s1. 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
Council may provide by ordinance. The 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 corpo'ration 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, allowing discounts, and extending time for payment of
taxes. (Amended April 4, 1984)
Section 10.06
T ax Liens:
The tax levied by the City is hereby declared to be a Iien,charge, or encumbrance
upon the property as of January 1 st of each 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 gilt, sale, assignment or transfer of
any kind, or judicial writ of any kind, can ever defeat such lien.
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.
Ji.. .. "" ~" .<. .,. '"
SectiQ.ll.1LQJ___"[h_e-Elan n ing'!Dd 19n i ng .9,gm m i~jo~n:
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
25
appointed by the Council for a term of two (2) years. 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 shall be filled bi 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, '
e Commission shall keep minutes
proceedings which shall be 0 pu IC record. The Commission shall serve without
compensation. (Amended January 18, 1992)
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 Council, approval or disapproval of proposed
changes in the Zoning Plan.
(c) Exercise control over the platting or subdividing of land withrn the
corporate limits of the City and outside same corporate limits to
the extent authorized by law; provided, however, this grant of
authority shall not limit the City Council's right to prOVide that the
Council shall have final approval of plats, as provided in Vernon's
Annotated Texas Statutes, Article 974a. (Amended April 4, 1981)
The Commission shall be responsible to and act as an advisory body to the 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 Commisssion'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
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 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 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 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 Council. In case of
Commission disapproval, they shall communicate their reasons to the Council, which
26
shall have the power to overrule such disapproval by a three-fourths (3/4) vote, and
upon such overruling, the Council shall have the power to proceed, The widening,
narrowing, relocating, vacating, or change in the iJse 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 Council. (Amended April 7, 1979)
Section 11.06
Separation of Planning and Zoning Commissions:
The 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, 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 AND PUBLIC UTILITIES
~_ectiQ.IJ~J)J___ PoweJ"~Q.f.!be Cl!Y-.:
In addition to the City's power to buy, construct, lease, maintain, operate, and regulate
public utilities 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 Laws of the State of Texas.
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 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.
?ec!iQn~2_.0_3___G rant N9.!.!2.!J~__ExcltJ~y.5!:
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 Council
as expressed by ordinance. The term "transferable", as used herein, shall not be
27
Il
l
JW -l.A WS FOR THE
OF ~~E CITY OF COLLETJILLE, TEXAS
ARTICLE I. DECLARATION OF POLICY.
It is hereby declared to be the policy of the Planning and
Zoning Commission of the City of Colleyville, Texas that the
appointment to membership on the Commission is a distinct
HONOR and a TRUST imposed in the anpolntee and involves the
corresponding OBl.lGATION of the appointee to serve the comm-
unity in the canacity of a member of the Co~mission by regular
attendance and full participation in the proceedings of the
Commission.
ARTICLE II. ORGANIZATION.
Section A. Officers.
The officers of the Commission shall consist of a Chairman,
Vice-Chairman, and a Secretary. The membership of the Comm-
ission shall consist of seven citizens of the City of Colley-
ville, Texas, who own real property in said city. The ~embers
of the Commission shall be appointed by the City Council for
terms of two (2) years. Upon expiration of the term of each
member, his place shall be filled by the City Council. Vacancies
in an unexpired term shall be filled by the City Council and
shall be for the remainder of the term.
The Commission shall elect its Chairman and Vice-Chairman from
among its membership once a year at its first regular meeting
following the appointment of its new members or as deemed
neGessary.
1. The Chairman shall: Preside at all meetings; maintain
order at all times; compel the attendance of witnesses;
rule on all points of procedure; and dispense the business
of the Commission in a just and orderly manner. He shall
question all witnesses and invite other members of the
Commission to ask any questions which may assist the Comm-
ission in arriving at logical, correct and fair decisions
or recommendations. He shall also sign the minutes of
each meeting of the Commission and all Plats and/or Site
PIa ns .
2. The Vice-Chairman shall: Preside at Commission meetings
in the absence of the Chairman and shall fulfill all the
duties of the Chairman. Should the Chairman resi~n, or
that office becomes vacant for other reasons, the~Vice-
Chairman shall act as Chairman until an election for a
-_.__._--~..._--_...-_.._..... ,.--
3.
new Chairman can be held at the next meeting of the Comm-
ission.
The Secretary shall: Keep the minutes of all meetings in
a hard cover loose-leaf book; be responsible for all
official correspondence; compile the required records;
maintain the necessary files; number each application or
request coming before the CommIssion; provide each member
with the necessary materials on matters coming before the
Commission not less than fifteen (15) days prior to con-
sideration by the Commission, and generally su?ervise the
clerical work of the Commission under the direction of the
Chairman. A copy of the minutes of the proceedings of every
meeting shall be promptly forwarded to each Commission
member, the City N.anager and to each member of the City
Council.
Section B. Attendance.
1.
All members of the Commission shall be obligated to attend
all meetings of the Commission unless excused by official
action of the Commission at the meeting from which a member
is absent.
2.
.r~
s
C
ia 0 such circumstances to the City Council
to enable the Council to declare such vacancy in accordance
with Article XI, Section 11.01 of the City Charter.
Section C. Code of Ethics.
1. It is declared to be the policy of the Commission that the
Commission shall be free of influence of any selfish or
financial interest.
2. A member having a selfish or financial interest in a matter
under consideration by the Commission shall not be present
as a member of the Commission during the takin~ of action
by the Commission nor vote as a member of the Commission
on the particular matter only.
3. Any member having any selfish or financial interest in a
matter before the Commission shall not be orevented from
presentinf. facts or arguments from the a udlence as a member
of the public.
4. It is further declared to be the policy of the Com~isslon
2
-..----.--.--...-.-..-.--.---...-.----
that 1n the interest of fairness to the applicants and
appellants ap?earing before the Comm1ssion and t~ose
appearin~ in opposition to the same that ~ discussion
shall be bold by a member or members of t~e Comm1.ssion
with the appJtcant, appellant or opposition concerning
the auullcation or other matter before the Commission
either"at home or office, or in person, by telephone call
or by letter. All such discussion shall be held at the
public hearing called for that purpose and so that all
members shall have the full benefit of such discussion.
5. When a Commission member is called upon to voice ooinions
at public or private functions, he shall indicate whether
he is speaking for himself or representing the Commission.
ARTICLE III. DUTIES AND POWERS.
Section A. The Commission shall have the following duties and
powers:
1. To make recommendations to the City Council for the adoption
of and amendment to the Zonin? Ordinance 1n accordance with
the provisions of the City Charter and Articles 1011a through
j of Vernons Civil Statutes and any amemdments thereto.
2. To exercise control over the plattln~ and subdivision of
land within the corporate limits of the City of Colleyville,
and within the extraterritorial area of jurisdiction in
accordance with the proviSions of Articles 970a and 974a
of Vernons Civil Statutes and any amendments thereto.
3. To formulate and recommend to the City ~anager and the City
Council a comprehensive plan for the city and its extra-
territorial area of jurisdiction and such modifications
thereto as it may deem appropriate from time to time.
4. Submit to the City Uanager and the City Council, when
reouested by the Council, or when deemed necessary by the
Commission, a list of recommended capital improvements
which, in the opinion of the Commission, are necessary or
desirable during the forthcoming five (5) year period.
5. To perform such other duties as may be requested by the
City Council.
Secti on B. Staff Informs tl on.
The Commission may require information from city departments
and city staff in relation to its work.
ARTICLE IV. ~EETINGS.
Section A. Arran~ernents.
1. Time and Place. The regu1ar meeting place of the Commission
shall be in the Council Chamber in the City Hall. ~eetin~s
shall be held on the fourth (hth) Monday of each month and{or
at the call of the Chairman. The time of the meeting shal
3
2.
be 7:30 pu. All meetin~ shall be open to the public.
Quorum. Four (4) members present (not counting the Chairman)
shall be necessary to constitute 8 quorum of the Commission.
Work Sessions. Work sessions of the Comm1ss!on shall be
held on the second (2nd) Uonday of each month and/or at the
call of the Chairman. The meeting place of work sessions
shall be at the discretion of the Chairman. The time of the
working sessions shall be 7:30 PM. All work sessions shall
be open to the public.
Representation. Any person seeking a change in zoning or
presenting any other matter to the Commission may appear
before the Com~ission in person, by agent or by attorney.
Rules of Procedure. The Commission hereby adopts Roberts
Rules of Order as its rules of procedure which shall govern
the business proceedings of the Commission, whenever they
are not in conflict with the provisions of these by-laws.
3.
4.
5.
Section B. Preparation.
1. Zonin~ Applications. Complete written applications for
rezoning must be made on prescribed forms and must be pre-
sented to the City Secretary at least twenty-one (21) days
prior to the date on which the application is to be heard.
Concise material and lay~uts of property and proposals
shall be submitted so thst a determination may be made
whether the ordinance requtrements can be met.
2. Notices and Publication. Written notices and publication
of all public hearin~s before the Commission on proposed
zoning map amendments shall be as required by the Zoning
Ordinance and/or the Sub-division Control Ordinance.
Notices of all meetln~s and hearin~s of the Commission
shall be posted at least seventy-two (72) hours before
such meeting or hearing in accordance with the Texas open
meetings law. The City Kanager shall be notified prior to
such meeting of the time and place of such meeting.
3- Plats and Subdivisions. For plats and subdivisions coming
before the Commission, the staff shall see that all pro-
visions of the platting ordinance are met with respect to
the submission of data and materials and staff review of
plat prior to the Commission meetine_
4. Work Session A~enda and File of ~aterials_ The staff shall
prepare an aEenda of all matters which are to be considered
by the Commission at the work session. A file including
this asenda and available material on each case or matter
co~in~ before the Commission, shall be presented to each
member prior to the work session and shall be retained by
each ~ember until each case is disposed of.
4
Section C. Conduct of Meetinr.
1. Zonin~ Hearin~s.
a.
b.
The Cheirman shall call for each application. The
Chairman will read the public notice and discrlption
and present the facts on the application.
The nrononents of the rezoning application shall have
an opportunity to present their case or proposal. The
Chairman may rule out irrevelant matters such as lengthy
history, etc. unless a majority of the members present
desire to hear such matters.
c.
Opponents of a rezoning application shall present their
statements of opposition under the same limitations as
the proponents.
Followin~ each presentation, the Chairman shall permit
comments-from the audience under limitations of no
repetition of previously presented testimony.
Proponents shall be permitted up to a five (5) minute
rebutta 1.
d.
e.
f.
Following the rebuttal, the Commission may receive or
direct questions to the applicant, proponents or
opponents.
g.
The Chairman may request a recommendation from the
city staff.
The public hearing shall then be closed by the Chair~an
after which the applicant or citizens may NOT present
additional testimony.
h.
1.
Commission members may question the applicant.
j.
The Chairman shall call for discussion of the case among
the ComMission members, and any member may make a motion
to recommend approval or disapproval to the City Council.
If it is determined by the Commission that there is
insufficient information for proper decision, the final
vote on the application can be postponed until a sub-
sequent meeting and the staff or applicant instructed
to secure the desired information for submission at the
next work session.
k.
2. Discussion and Questions. During Commission meetin~s no
person other than a member of the Commission shall~be heard
on any matter or proposition corning before the meeting or
public hearing unless invited to speak by the Chairman and
then shall come to the bar to speak so as to be heard dis-
tinctly by the Com~ission, giving name and address. Under
5
no circumstances shall any proponent enter into debate with
any opponent. All questions shall be directed to the Chair-
man who may request answers from the applicant or others.
Plattin~ and Subdivisions. On platting and subdivision
matters to be considered by the Commission, the Chairman
shall state a brief history of Commission review on the
matter, will then request the applicant to present the plat
and explain the proposal and its compliance with the Sub-
Division Control ordinance. After questions and answers by the
Commission, and a staff recommendation if requested, the
Chairman will call for an appropriate motion.
4. Other Uatters. On other agenda items, the Chairman will
call for appropriate presentations and action by the
Commissi on.
3.
Section D. Votin~ Procedure.
1. After a motion has been made and seconded there may follow
discussion on the question. After all discussion has been
heard and/or objections resolved, the Chairman shall call
the roll. The Chairman will call the roll in place number
sequence with each member answering "aye" or unayP or
"Not Voting" with a statement by the member of his reason
for not voting. The Chairman shall not be a voting member
except In the event of a tie vote. On completion of the
roll call, the Chairman shall announce the results and the
effect of the motion.
2. \'lhen a member concludes that a matter before the Commission
involves or could involve a conflict of interest on his oart
or his voting might not be in the public interest, he shall
excuse himself from discussion and voting on the matter. He
may also excuse himself without conflict of interest by
choosing to abstain from votin~ in accordance with his best
judgement. -
3. ~embers may also abstain from voting if they have been absent
from the work session, or the meetins during the public
hearing or the discussion.
4. Members shall not leave the meetinB table to discuss pending
Matters with members of the audience, nor shall members of
the audience discuss matters with individual Commission
members durin~ the meeting.
ARTICLE V. AMENDMENTS.
These rules of procedure may be amended. The amendment shall
be introduced at the meeting and voted upon at the next meeting
and shall become effective upon an affirmative vote of the
Comrrission.
6
PASSED AND APPROVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF COLLEYVILLE ON THE
26th DAY OF SEPTEMBER. 1977.
ATTEST:
J' . .~:
Ci(~J~ ( ~[;!~
La Vada Johnson {/
.-\ cting City Secretary
lvj
RULES OF PROCEDURE
PLANNING AND ZONING COMMISSION
OF THE CITY OF COLLEYVILLE, TEXAS
ARTICLE I - DECLARATION OF POLICY
It is hereby declared to be the policy of the Planning and Zoning Commission of the City of
Colleyville, Texas that members are appointed to serve the City of Colleyville and the
community. Members of the Commission are to attend and participate in the proceedings of
the Commission. The Commission shall conduct itself in accordance with all applicable law.
ARTICLE II - ORGANIZATION
Section A. Officers.
The officers of the Commission shall be a Chairman and a Vice-Chairman. The membership of
the Commission shall be in accordance with Article XI, Section 11.01 of the Charter of the City
of Colleyville. The Commission shall elect its Chairman and Vice-Chairman from among its
members once a year, at its first regular meeting following the appointment of its new
members, or as deemed necessary.
1. The Chairman shall preside at all meetings. The Chairman shall call special meetings
as may be needed for the orderly conduct of the business of the Commission. The
Chairman also signs the minutes of each meeting of the Commission and all Plats.
2. The Vice-Chairman shall preside at commission meetings in the absence of the
Chairman and shall fulfill all the duties of the Chairman. Should the Chairman resign, or
that office become vacant for other reasons, the Vice-Chairman shall act as Chairman
until election of a new Chairman.
3. The Commission shall appoint a Recording Secretary to record the minutes of the
proceedings of every meeting. The appointment shall be made at time of re-election of
officers.
ARTICLE III - MEETINGS
Section A. Arrangements
1. Time and Place. The regular meeting place of the Commission shall be in the Council
Chamber in the City Hall. The Commission shall, from time to time, set a schedule for its
regular meetings which shall not occur less frequently than once a month. Special
meetings may be called by the Commission or by its Chairman. All meetings shall be
open to the public.
2. Quorum. Four (4) members present shall be necessary to constitute a quorum of the
Commission.
1
3. Preparation. The Chairman shall secure from staff all such materials and analyses as
may be useful to the Commission in considering any matter before it.
4. Work Session. Work sessions of the Commission shall be at the call of the Chairman.
The meeting place for work sessions shall be at the discretion of the Chairman. All
work sessions shall be open to the public.
5. Representation. Any person seeking a change in zoning or presenting any other matter
to the Commission shall appear before the Commission in person, by agent, or by
attorney.
6. Rules of Procedure. The Commission hereby adopts Robert Rules of Order as the rules
of procedure which shall govern the business proceedings of the Commission,
whenever they are not in conflict with the provisions of these Rules of Procedures.
Section B. Conduct of Meeting.
1. Hearings.
a. The Chairman shall call for each application or proposal. The Chairman shall
read the public notice and request staff to present the facts on the application or
proposal. The Chairman will subsequently open a public hearing therefore.
b. The applicant and any experts, invited by the applicant, of said application shall
have up to 20 minutes to present their case for adoption of their application.
c. The Commission shall hear other interested parties, individually and separately.
Each person shall be allowed no more than five (5) minutes to address the
Commission. No debate shall be permitted except among members of the
Commission.
d. The applicant shall be permitted up to a five (5) minute rebuttal.
e. Following the rebuttal, the Commission may direct questions to the applicant,
proponents, opponents or staff.
f. The Chairman may request a recommendation from the city staff.
g. The public hearing shall then be closed by the Chairman after which the
applicant or citizens may NOT present additional testimony unless the public
hearing is reopened by the Commission.
Section D. Voting Procedure.
1. When the question is put, the Chairman shall call the roll in place number sequence
with each member answering "Aye," or "NaY1" or "Not Voting." Any member of the
Commission "Not Voting" shall give a statement of his reason for not voting. On
2
completion of the roll call, the Chairman shall announce the results and the effect of the
motion.
2. The Planning and Zoning Commission shall comply with all applicable conflict of interest
laws.
3. Members may abstain from voting on the adoption of minutes if they have been absent
from the meeting or work session.
4. Members shall not leave the meeting table to discuss pending matters with members of
the audience, nor shall members of the audience discuss matters with individual
Commission members during the meeting.
ARTICLE IV - AMENDMENTS
These rules of procedure may be amended after introduction of the proposed amendment at a
regular meeting and voted upon at the next meeting and shall become effective upon an
affirmative vote of the Commission.
PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY
OF COLLEYVILLE ON THE 23rd DAY OF OCTOBER, 2000. (AMENDED THE RULES OF
PROCEDURE PREVIOUSLY APPROVED ON THE 27TH DAY OF JULY, 1987.)
ADOPTED:
ATTESTED:
~4J-
~;1~~~~
3
-
I
I ,-
I
I
I
I
I
27.6
I
I
I
......'
c. A temporary certificate of occupancy may be issued by the
administrative official for a period not exceeding (6)
months during alterations or partial occupancy of a
building pending 1 ts completion. provided that said tem-
porary certificate may include such conditions and safe-
guards as will protect the safety of the occupants and the
public.
d. The administrative official shall maintain a public record
of all certificates of occupancy.
e. Failure to obtain a certificate of occupancy shall be a
violation of this ordinance and punishable under Section 36
of this ordinance. (Section 36 "Penal ties for
Violation")
CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS.
PERMITS AND CERTIFICATES OF OCCUPANCY Building permits or
certificates of occupancy issued on the basis of plans and
applications approved by the administrative official authorize
only the use, arrangement, and construction set forth 1n such
approved plans and applications, and no other use, arrangement,
or construction. Use, arrangement, or construction at variance
wi th that authorized shall be deemed violation of this ordi-
nance, and punishable as provided by Section 36 hereof.
(Section 36 - "Penalties for Violation")
I
SECTION 28 -
AND PROCEDURES
I
28.1
I
I
I
I
I
28.2
I
,
ESTABLISHMEN":"
ESTABLISHMENT A Zoning Board of Adjustment is hereby
established, which shall consist of five (5) members and two
(2) alternates, each to be appointed for a two (2) year alter-
nate term by ~e City Council. All vacancies occurring on the
Zoning Board of Adjustment shall be filled by appointment by
the City Council. Each year after a new term begins members
shall elect a Chairman and Vice-Chairman, a new term beginning
at the first meeting in October. Members of the Zoning Board
of Adjustment may be removed from office by the Ci tyCouncil
for cause up.on written charges and after a public hearing.
Vacancies shall be filled by resolution of the City Council for
the unexpired term of the member affected. The City Council
shall appoint the two (2) alternate Board members to serve in
the absence of regular members.
PROCEEDINGS - The Zoning Board of Adjustments shall adopt rules
necessary to the conduct of its affairs and in keeping with the
provisions of this ordinance. Meetings shall be held at the
call of the Chairman and at such other times as the Board may
106
determine.
Chairman,
witnesses.
The Chairman, or in his absence the Actl~~
may administer oaths and compel the attendance c:
All meetings shall be open to the public.
Said Board shall keep minutes of its proceedings, showing t~e
vote of each member upon each question, or if absent or fail:~~
to vote indicating such fact. and shall keep records of its
examinations and other official actions, all of which shall be
public record and be immediately filed in the off ice of the
City and maintained by the person acting as City Secretary.
28.3 HEARINGS; APPEALS; NOTICE - Appeals to the Zoning Board c:
Adjus~ment concerning interpretation or administration of this
ordinance may be taken by any person aggrieved or by any
officer, agency. department or commission of the governing body
of the City affected by any decision of the Administrative
Off icial. Such appeals shall be taken ,wi thin a reasonable
time. not to exceed fifteen (15) days or such lesser period as
may be provided by the rules of the Board, by filing with the
Administrative Official on behalf of the Zoning Board cf
Adjustment a notice of appeal specifying the grounds thereof.
The Administrative Official shall forthwith transmit to the
Board all papers constituting the record upon which the action
appealed from was taken.
The Board shall fix a reasonable time for the hearing of
appeal, give public notice thereof as well as written notice to
the parties in interest, and decide the same wi thin a reaso-
nable time. At the hearing, any party may appear in person or
by agent or attorney.
28.4 STAY OF PROCEEDINGS - An appeal stays all proceedi~gs in
furtherance of the action appealed from, unless the
Administrative Official from whom the appeal is taken certifies
to the Zoning Board of Adjustment after the notice of appeal is
filed with him that, by reason of facts stated in the cer-
tificate, a stay would, in his opinion, cause imminent peril to
life and property. In such case, proceedings shall not be
stayed other than by a court of record on application. on
notice to the Administrative Official from whom the appeal is
taken and on due cause shown.
SECTION 29 - ZONING BOARD OF ADJUSTMENT: POWERS AND DUTIES
29.1 JURISDICTION OF BOARD OF ADJUSTMENT
When in its judgment the public convenience and welfare will be
substantially served. the Board of Adjustment may issue
appropriate orders to the Administrative Official to guard
against future error; and to promulgate appropriate procedure
107
I
I
in addi tion to that under which the Administrative Off icial
already operates. When the appropriate use of the neighboring
property will not be substantially or permanently injured. the
Board of Adjustment may in specific cases, after public notice
and public hearing, (subject to appropriate conditions and
safeguards and in accordance with Section 211.009. Local
Government Code, V.T.C.A.), authorize the following variances
and special exceptions to the regulations herein established
and take action relative to the continuance or discontinuance
of a nonconforming use. Thus, the Board has jurisdiction to:
I
I
I
a. Hear and decide appeals where it is alleged there is error
on any order, requirement. decision or determination made
by the Administrative Official in the enforcement of this
ordinance.
I
b. Interpret the intent of the Zoning District Map where
uncertainty exists because the physical features, on the
ground vary from those on the Zoning District Map and none
of the rules set forth in Section 3 - "Rules For Inter-
pretation of District Boundaries. apply.
I
I
I
c. Approve the use of a lot or lots in a residential district
contiguous to (even if separated by a street or alley) an
apartment, office, retail, commercial or industrial
district for off-street parking of passenger vehicles sub-
ject to such standards and safeguards as are appropriate
for the protection of adjacent residential uses.
I
I
d. Initiate on its motion or cause presented by interested
property owners an action to bring about the discontinuance
of a nonconforming use in accordance with subsection 29.le.
I
e. Require the discontinuance of a nonconforming use under any
plan whereby full value of the structure can be amortized
within a definite period of time, taking into consideration
the general character of the neighborhood and the necessity
for all property to conform to the regulations of this
ordinance.
I
I
f . Permi t the change of occupancy of a nonconf orming use to
another nonconforming use in accordance with the provisions
of Section 5 of this Zoning Ordinance.
I
g. Permit the enlargement of a nonconforming use in accordance
with the provisions of Section 5 of this Zoning Ordinance.
I
I
I
I
108
29.2
h. Permit the reconstruction of a nonconforming structure or
building on the lot or tract occupied by such building,
provided such reconstruction does not, in the judgment of
the Board, prevent the return of such property to a
conforming use or increase the nonconformity of a
nonconforming structure and provided that such actions Con-
form to the provisions of Section 5 of this Zoning
Ordinance.
i. Require the vacation and demolition of a nonconforming
structure which is deemed to be obsolete, dilapidated or
substandard.
j. Vary the prOV1Slons and conditions required for the
development of off-street parking facilities when such
variations are found to be in the interest of the area and
necessary to secure reasonable parking use of a specific
parcel of land.
k. Permit such variance of the front yard, side yard, rear
yard, lot width, lot depth, coverage, minimum sidewalk or
setback standards, off-street parking or off-street loading
or visibility obstruction regulations where the literal
enforcement of the provisions of this ordinance would
result in an unnecessary hardship, and where such variance
is necessary to permit a specific parcel of land which
differs from other parcels of land in the same district by
being of such restricted area, shape or slope that it can-
not be developed in a manner commensurate with the
development permitted ,upon other parcels of land in the
same district. A modification of the standards established
by this ordinance shall not be granted to relieve a
self-created or personal hardship, nor for financial reason
only, nor shall such modification be granted to permit any
person a privilege in developing a parcel of land not per-
mi tted by this ordinance to other parcels of land in the
district.
1: Permit such variances of fence heights when in the opinion
of the Board such fence will not adversely affect
neighboring property.
SPECIAL EXCEPTIONS: CONDITIONS GOVERNING APPLICATIONS:
PROCEDURES
A special exception shall not be granted by the Board of
Adjustment unless and until:
a. A written application for a special exception is submitted
indicating the section of this ordinance under which the
special exception is sought and stating the grounds on
which it is required;
109
I
I
I
I
I
I
I
I
I
I
I
I
I 29.3
I
I
I
I
I
I
b. Notice shall be given at least fifteen (IS) days in advance
of public hearing. The owner of the property for WhlCh
special exception is sought or his agent shall be notifled
by registered mail. Notice of such hearings shall be
posted at the city hall; and one time in the official
publication of the City, stating the time, place and nat~re
of such hearing, at least fifteen (15) days prior to the
public hearing. All property owners wi thin two hundred
(200) feet of the property shall be notified by mail not
less than fifteen (IS) days prior to the date of the public
hearing.
c. The public hearing shall be held. Any party may appear in
person, or by agent or attorney.
d. The Zoning Board of Adjustment shall make a finding that is
is empowered under the section of this ordinance described
in the application to grant the special exception, and that
the granting of the special exception will not adversely
affect the public interest.
e. In granting a Special Exception, the Zoning Board of
Adjustment may also prescribe a time limit for which t.~e
special exception may continue. Failure to comply with
this requirement stipulated by the Board shall void t..'1e
special exception permit issued.
f. Violation of any reasonable provlslons, conditions and
safeguards that are made' a part of the terms under which
the special exception permit granted shall be deemed in
violation of this ordinance and punishable under Section
36 - -Penalties For Violation- of this ordinance.
VARIANCES: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES - The
Zoning Board of Adjustment may authorize upon appeal in speci-
fic cases such variance from the terms of this ordinance as
will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of
this ordinance would result in unnecessary hardship. A
variance from the terms of this ordinance shall not be granted
by the Zoning Board of Adjustment unless and until:
a. A written application for a variance is submitted
demonstrating:
1) That special conditions and circumstances exist which
are peculiar to the land, structure, or building
involved and which are not applicable to other lanes,
structures, or buildings in the same district;
2) That 11 teral interpretation of the provisions of t::is
ordinance would deprive the applicant of rig.":ts
110
commonly enjoyed by other properties in the same
district under the terms of this ordinance;
3) That the special conditions and circumstances do not
result from the actions of the applicant;
4) That granting the variance requested will not confer on
the applicant any special privilege that is denied by
this ordinance to other lands, structures, or buildings
in the same district;
5) No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or
nonconforming use of lands, structures, or buildings in
other districts shall be considered grounds for the
issuance of a variance.
b. Notice shall be given at least fifteen (15) days in advance
of public hearing. The owner of the property for which
requested variance is sought or his agent shall be notified
by registered mail. Notice of such hearings shall be
posted at the city hall; and one time in the official
publication of the City, stating the time, place and nature
of such hearing, at least fifteen (15) days prior to the
public hearing. All property owners wi thin two hundred
(200) feet of the property shall be notified by mail not
less than fifteen (15) days prior to the date of the public
hearing.
c. The public hearing shall be held. Any party may appear in
person, or by agent or by attorney;
d. The Zoning Board of Adjustment shall make findings that the
requirements of subsection 29.3. a. have been met by the
applicant for a variance;
e. The Board shall further make a finding that the reasons set
forth in the application justify the granting of the
variance, and that the variance is the minimum variance
that will make possible the reasonable use of the land,
building, or structure;
f. The Zoning Board of Adjustment shall further make a finding
that the granting of the variance will be in harmony with
the general purpose and intent of this ordinance, and will
oot be injurious to the neighborhood, or otherwise detri-
mental to the public welfare.
In granting any variance, the Zoning Board of Adjustment may
prescribe appropriate cond.i tions and safeguards in conformity
with this ordinance. Violation of such conditions and
111
1
I
I
I
I
I
29.4
I
I
I
I
I
safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this
ordinance and punishable under Section 36 - wPenal ties For
Violation.w
Under no circumstances shall the Board grant a variance to
allow a use not otherwise permissible under this section in the
district involved, or any use expressly or by implication pro-
hibited by the terms of this ordinance in said district.
DECISION OF ZONING BOARD OF ADJUSTMENT - In exercising the
above mentioned powers, the Zoning Board of Adjustment may so
long as such action is in conformity with the terms of this
ordinance, reverse or aff irm wholly or partly, or may modify
the order, requirement, decision, or determination appealed
from and may make such order, requirements, decision, or deter-
mination as ought to be made, and to that end shall have the
powers of the administrative official from whom the appeal is
taken.
The concurring vote of four members of the Board shall be
necessary to reverse any order, requirement, decision, or
determination of the administrative official, or to decide in
favor of the applicant on any matter upon which it is required
to pass under this ordinance, or to effect any variation in the
application of this ordinance.
SECTION 30 - VACANT - RESERVED FOR FUTURE EXPANSION
I
SECTION 31 - APPEAL PROCEDURES
I
31.1
I
I
I
31. 2
I
I
I
I
Any person or persons, or any board, taxpayer, department, com-
mission or agency of the City aggrieved by any decision of the
Zoning Board of Adjustment may seek review by a court of record
of such decision, and under the time limit specified in Section
211.011, Local Government Code, V.T.C.A. If no appeal has been
taken from the Zoning Board of Adjustment ruling wi thin the
time limit specif ied under the above mentioned Article, the
Board's ruling shall be final.
It is the intent of this ordinance that all questions of
interpretation and enforcement shall be first presented to the
Administrative Official, and that such questions shall be pre-
sented to the Zoning Board of Adjustment only on appeal from
the decision of the Administrative Official, and that recourse
from the decisions of the Zoning Board of Adjustment shall be
to the courts as provided by law.
112
ORDINANCE 0-03-1414
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 1 - GENERAL PROVISIONS. OF THE LAND DEVELOPMENT
CODE, AS AMENDED, REGARDING THE ;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE: AND AUTHOR'ZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-
1214 on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was published in a newspaper of general circulation in Colleyville at
least 15 days before such hearing; and
WHEREAS, notice of a public hearing before the City Council was published in
a newspaper of general circulation in Colleyville at least 15 days
before such hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its recommendation to Ihe City Council for consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYV1LLE, TEXAS:
Sec 1.
THAT Chapter 1, Section 1. 15-Waivers and Appeals - Sign Board of
Appeals. of the land Development Code, as amended, is hereby
amended to read as follows:
Section 1.15 Variances and Appeals - Sign Board of Appeals
A. Creation of Sian Board of AoDeals - There is hereby created a
Sign Board of Appeals consisting of five (5) members and two (2)
alternate members, each to be appointed by the Council for a two
year term, or until a successor is appointed. Three members of
the Board and one (1) alternate member shall be selected In even
numbered years and two members and one (1) anemate member
in odd numbered years. In the event of a vacancy, the Council
shall appoint a member to serve for the unexpired term. Alternate
Board members shall serve in the absence of regular members.
~ .~~~ ~ . : ~ r - ~ Lb
Ordinance 0-03-1414
Page 2 of 4
B. Authority of the Sian Board of Aeoeals - The Sign Board of
Appeals shall have the authority to hear and decide on requests
for a variance from the requirements contained in Chapter 7 -
Sign Regulations of this Land Devefopment Code. The Sign
Board of Appeals shall also have the authority to hear and decide
an appeal of an administrative decision on a regulation contained
in Chapter 7 - Sign Regulations of this Land Development Code.
The authority established under this paragraph shall be
applicable to a definition contained in Chapter 2 - Definitions of
this Land Development Code required for the administration and
enforcement of the provisions of Chapter 7 - Sign Regulations.
C. Quorum and Organization - Four members of the Sign Board of
Appeals shall constitute a quorum. In the event of the absence of
the Chairman and Vice-Chairman, the four members constituting
the quorum shall elect for that meeting a member to preside as
Acting Chairman and to assume all duties of the Chairman.
D. Meetinas. Hearinas and Rules of Procedures - The Board shall
adopt rules of procedure for the conduct of its meetings.
Meetings shall be held at the call of the Chairman or at such
times as the Board may determine. All meetings and hearings
shall be open to the public and shall be conducted in accordance
with the procedure set forth in these regulations and the rules of
procedure adopted by the Sign Board of Appeals. Such rules of
procedure may be amended by the Sign Board of Appeals
membership. The minutes of the meetings shall be recorded,
showing the vote of each member upon the question, and shall
be made a matter of public record. The concurring vote of four
members of the Board shall be necessary to render a decision on
any matter before the Board. The Sign Board of Appeals shall
meet monthly, provided there has been an appeal or request for
variance filed with the Building Official on or before the last date
to receive applications prior to the scheduled meeting date. The
Building Official shall publish a calendar establishing such final
application dates.
E. Variance - A person may request a variance from a requirement
contained in Chapter 7 - Sign Regulations by filing said request
with the building official. A request for a variance shall be
accompanied by a non-refundable filing fee. The filing fee shall
be established by separate ordinance by the City Council. A
request for variance shall be referred for conslderation to the Sign
Board of Appeals. In considering a request for a variance, the
Sign Board of Appeals shall consider, among other things, the
degree of variance, the reason for the variance requested, the
See 2.
Sec3.
Ordinance 0-03-1414
Page 3 of 4
location of the variance request, the duration of the requested
variance, the effect on public safety, the protection of
neighborhood property, the degree of hardship or injustice
involved, and the effects of the variance on the general plan of
regulation of signs within the City.
F. Fees - No action shall be taken on any application submitted to
the Sign Board of Appeals until all applicable fees have been paid
in full. No refund 01 any application fee shall be made after the
request has been advertised and scheduled for consideration by
the Board.
G. Public Hearina and Written Notification - No action to approve or
deny any application shall be taken until the Board has held a
public hearing and received comment, and only after written
notice of the public hearing of the date, time and place where the
variance request is to be considered has been sent to the owners
of real property lying within two hundred (200) feet of the property
where the application is being considered. Such notice shall be
given to each property owner as listed on the last approved tax
roll not less than fifteen (15) days before the date set for hearing
by depositing letters properly addressed and postage paid in the
United States Post Office.
H. ADDeal to City Council - The decision by the Sign Board of
Appeals shall be final, unless the applicant submits a written
notice of appeal within ten (10) days from the date of the action
by the Board. The enforcement official shall re-notify all property
owners lying within two hundred (200) feet of the area being
considered and place the applicant's appeal request on the next
available agenda for consideration by the City Council.
THAT Ordinance 0-00-1214, the land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance 0-03-1414
Page 4 of 4
See 5.
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.
Sec4.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the /.9~ day of
~~C 2003.
The second reading and public hearing being conducted on the .:;A.JPLday of
~OO3.
ATTEST:
t:~~~
City Secretary
AP~ aVED AS TO FORM AND LEGALITY:
R~
City Attorney
I
I ORDINANCE 0-04-1466
I AN ORDINANCE ESTABLISHING A FOR THE CITY OF
COLLEYVILLE; ESTABLISHING THE NUMBER OF BOARD MEMBERS AND
THEIR TERMS OF OFFICES, ESTABLISHING QUALIFICATIONS; PROVIDING
FOR DUTIES AND RESPONSIBILITIES OF THE LIBRARY BOARD; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
i PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND
! PROVIDING AN EFFECTIVE DATE
I
I WHEREAS,
!
I
, ,
I j
: I
111,1 NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
I Sec. 1.
Sec. 2.
the City Council of the City of Colleyville, Texas, deems it advisable
and necessary to establish a Library Board for the City of Colleyville,
to act as an advisory board to the City Council relating to all nature of
library facility planning and programming;
Creation of Library Board. There is hereby established the Library
Board for the City of Colleyville, Texas. hereinafter referred to as the
"Board."
Number of Board Members. Qualifications and Terms. The Board
shall consist of seven (7) citizens of the City of Colleyville, Texas, who
shall be appointed by the City Council for two (2) year terms, provided
three (3) members shall be appointed each odd-numbered year and
four (4) members must be appointed each even-numbered year.
Members shall serve without compensation until their successors are
appointed. Places on the Board shall be numbered one (1) through
seven (7). The Board shall also consist of two (2) alternates serving
two-year terms. Alternates shall be numbered Alternate 1 and
Alternate 2.
In the event of the creation of a vacancy on the Board, Alternate 1
shall fill the unexpired term and Alternate 2 shall be appointed to
serve as Alternate 1. Colleyville Public Library Board applications
would be accepted to fill the Alternate 2 position.
In the event of more than one vacancy on the Board, Alternate 1 and
Alternate 2 shall fill the unexpired terms and Colleyville Public Library
Board applications would be accepted to fill the Alternate 1 and
Alternate 2 positions.
I
: I
I
, I
Sec. 3.
Sec. 4.
Ordinance 0-04-1466
Page 2 of 4
The City Council, if it deems it desirable, may appoint ex-officio
members to the Board. Such ex-officio members shall be appointed
on an annual basis and the term of office of such ex-officio members
shall be one year from the date of appointment. Such ex-officio
members shall have no voting authority. Vacancies on the Board are
to be filled by appointment by the City Council for the length of the
unexpired term.
In consideration of appointment of ex-officio members to the Board,
the President of the Friends of the Colleyville Public Library and the
President of the Colleyville Public Library Foundation shall be
appointed to serve as ex-officio members of the Board, with the terms
of the Presidents of the Friends of the Colleyville Public Library and
the Colleyville Public Library Foundation being concurrent with their
terms of President for each of the organizations.
Board MeetinQs and By-Laws. The Board shall select from the
members a chairman and a vice-chairman who shall serve for one-
year terms and until their successors are elected. The Board shall
adopt by-laws to govern the holding of its meetings, which at a
minimum, shall encompass the following:
a.
b.
c.
d.
e.
f.
Board Duties and ResDonsibilities. The duties and responsibilities of
the Library Board shall be to:
a. Act in an advisory capacity to the City Council in all matters
pertaining to the library facility planning and programming,
including development of long range capital improvement
programs.
Sec. 5.
Sec. 6.
Sec. 7.
Ordinance 0-04-1466
Page 3 of 4
b. Cooperate with other City boards and commissions, other
governmental agencies, civic groups, and all citizens ofthe city
in the advancement of sound library planning and
programming.
c. Recommend policies for library services.
d. Recommend the adoption of standards for public library
facilities and their financial support.
e. Receive requests for public funding for educational purpose of
any public or private person, persons, associations or business
entities, and to forward such requests with recommendation to
the City Council.
f. Review the annual operating budget and capital improvement
requests related to library programs with the Library Director
and provide recommendations to the Director for submission to
the City Manager or his designee for consideration.
g. Assist with the development of the Library Director job
description.
THAT this shall be cumulative of all provIsions of the City of
Colleyville, Texas, except where the provisions of this are in direct
conflict with the provisions of such, in which event the conflicting
provisions of such are hereby repealed.
THAT is any section, paragraph, clause or provision of this Ordinance
shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining provisions of this
Ordinance.
THAT this Ordinance shall take effect immediately from and after its
passage and publication in accordance with the provisions of the
Charter of the City of Colleyville.
AND IT IS SO ORDERED.
Ordinance 0-04-1466
Page 4 of 4
I-
Z
w
:l:o
1-0::
0::<(
<(0
fum
0>-
zO::
00
i= ~ C)
<( > 0
w 0 ~
0:: <( w
Uz U
Wo Z
0:: - <(
o ~ 0
z W z
<( 0:: W
CI) U I-
~ W ~
0:: 0:: "'4,
<(0
D.z
w<(
~CI)
=~
~o::
W<(
~D.
~
o
u
"l:t
o
o
N
-
M
o
o
N
>-
LL.
M
e a.. <C a.. a..
....
N
....
M
0
~ a.. a.. a.. a..
....
....
M
0
CO <C <C a.. a..
0
....
M
0
j::: a.. a.. <C a..
....
-
'"
M
e <C a.. a.. a..
IX)
en
M
0 a.. <C a.. a..
~
IX)
M
0
~ a.. a.. <C a..
....
j:::
Ql
C >< >< >< ><
:J
..,
M
0 a.. <C a.. a..
it;
it;
..
0- >< >< >< ><
<C
M
0 a.. a.. a.. a..
M
M
.c >< >< >< ><
Ql
u..
M
0 a.. a.. a.. a..
;e
....
'<t l{) '<t l{) '<t l{) '<t l{)
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
C\l C\l C\l C\l C\l C\l C\l C\l
I , , , I , , ,
C\l (V) C\l (V) C\l (V) C\l (V)
::E 0 0 0 0 0 0 0 0
0:: 0 0 0 0 0 0 0 0
C\l C\l C\l C\l C\l C\l C\l C\l
W .... .... .... .... .... .... .... ....
I- a> a> a> a> a> a> a> a>
.0 .0 .0 .0 .0 .0 .0 .0
E E E E E E E E
a> a> a> a> a> a> a> a>
() () () () () () () ()
a> a> a> a> a> a> a> a>
0 0 0 0 0 0 0 0
c CI)
c 0 ....
15. c a> ell
a> a> .... >- Ol E .~
w .c E CI) a> 0 .!: 0 0::
a:l 0 c u.
::E 0 ell a::: .... c ~
I ::l CI) .w I-- ....
<C .... a> I-- 'c ...J .::,(, a>
Z a> a> () ~ () (jj
(jj .c c (5 0 .0 ::l 0..
c :> 0 ~
0.. 0 a:l 0
0
W
0
<C ...- C\l (V) '<t l{) <.0 ....... CO
...J
ll.
() >< ><
Ql >< >< >< >< >< ><
C
'<t
e a.. a.. a.. <C <C a.. a.. <C
....
-
....
....
1) >< >< >< >< >< >< >< ><
0
'<t
0
M <C a.. a.. <C a.. a.. a.. a..
....
en
'<t
0 a.. a.. <C a.. a.. a.. a.. a..
N
co
>-
:i >< >< >< >< >< >< >< ><
..,
'<t
0 <C a.. a.. <C a.. a.. a..
j::: a..
CD
>-
ClI >< >< >< >< >< >< >< ><
:li:
'<t
0 a.. a.. <C <C <C <C a.. a..
it;
~
'<t
e a.. <C a.. a.. a.. a.. a.. a..
....
M
'<t
0
0 a.. a.. a.. a.. a.. a.. a.. a..
....
N
'<t
e <C a.. a.. <C <C a.. a.. a..
N
N
'<t
0 a.. a.. a.. a.. a.. a.. a.. a..
~
....
'<t l{) '<t l{) '<t l{) '<t l{)
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
C\l C\l C\l C\l C\l C\l C\l C\l
I , , M , , , M
C\l (V) C\l C\l (V) C\l
::E 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0:: C\l C\l C\l C\l C\l C\l C\l C\l
W .... .... .... .... .... .... .... ....
a> a> a> a> a> a> a> a>
I- .0 .0 .0 .0 .0 .0 .0 .0
E E E E E E E E
a> a> a> a> a> a> a> a>
() () () () () () () ()
a> a> a> a> a> a> a> a>
0 0 0 0 0 0 0 0
c CI)
c 0 ....
15. c a> ell
a> a> .... >- Ol E -~
w 'c E CI) a> 0 c 0
a:l 0 c U. 'c 0::
::E 0 ell a::: .... ~
I ::l CI) 'w I-- ....
<C .... a> I-- .c ...J .::,(, a>
Z a> a> () ~ () (jj
(jj 'c c (5 0 .0 ::l 0..
c :> 0 ~
0.. 0 a:l 0
0
W
U
<C ...- C\l (V) '<t l{) <.0 ....... CO
...J
ll.
C)
z en
j:: .... en
w .... ....
W 0 0
::iE - -
0 :::::I l{) <.0 <.0 0 :::::I ...-'<t...- ...-
Z 0 0
II 'C 'C
CIl CIl
>< 1/1 1/1
.!!! .!!!
I- ::::E ::::E c
z CI) CI) CI) 0
W 0) ell 0).... ....
en c c c E c a. CIl
w ;; a> a> .- E Ol
.c 0 - ell
0::: CIla:l CI) >- ~ mI .... c .~
Il. CIl _ 0 01-- a> 'c
::::EO a::: ::::E c 'w 0::
II u..::,(, a> ....
.... a> 'c ::l ...J ....
Il. 'iii a> CI) () 'iii I-- a>
- (jj () .c ::l - C .0 (jj
0 .!: ~ ~ o 0 -- 0
l- I-- 0.. >00 1--0(9 a:l 0..
Z
w
en
r:c
<(
II
<(
~
z
w
:Eo
~o::
O::e:(
~o
wm
0>-
zO::
00
t= ~ ..0
e:( > >E>
w 0...J
0:: e:( w
Uz U
Wo
0::-
o~
Z W Z
e:( 0:: w
~~ S
e:(o
Q.z
we:(
..Jcn
:::!~
~~
..JQ.
..J
o
U
it)
o
o
N
-
~
o
o
N
>-
LL.
U
Gl >< >< >< ><
0
'It
e a. <( a. <(
...
-
...
...
-
u >< >< >< ><
0
'It
0
;;; a. <( a. a.
...
Oi
'It
e a. a. a. a.
~
Q)
>-
:i >< >< >< ><
.....
'It
0 a. a. a. a.
j::::
iO
>-
III >< >< >< ><
:!:
'It
0 a. <( <( a.
in
~
'It
e <( a. a. a.
...
;;;
'It
e a. a. a. a.
0
...
N
'It
e a. <( a. a.
~
N
'It
0 a. a. a. a.
~
...
<.0 l!) <.0 l!) -:t l!) -:t l!)
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
N N N N N N N N
, , I , I , , ,
::2: -:t ('i) -:t ('i) N ('i) N ('i)
0 0 0 0 0 0 0 0
0::: 0 0 0 0 0 0 0 0
N N N N N N N N
W ... ... ... ... ... ... ... ...
I- 0) 0) 0) 0) 0) 0) 0) 0)
.0 .0 .0 .0 .0 .0 .0 .0
E E E E E E E E
0) 0) 0) 0) 0) 0) 0) 0)
0 0 0 0 0 0 0 0
0) 0) 0) 0) 0) 0) 0) 0)
0 0 0 0 0 0 0 0
c: CI)
a ...
CI) - c: 0) ro
0) a. 0) ... >. OJ E .!!2
W ~ E CI) 0) a c: a ~
... a c: LL 'c
::2: i:i5 ro 0::: ... .c:
I ::J CI) 'w t- ...
<( ~ 0) t- 'c ....J ~ 0)
Z 0) 0 .c: 0 Q;
... .c c: <5 0 .0
0) ::J 0..
, c: :> a .c:
a en 0
0
W
~ ...... N ('i) -:t l!) <.0 t- co
...J
D..
'"
0 a. <( a. <( a. a. a. a.
N
in
'"
0 a. a. <( <( <( a. a. a.
~
~
'"
0 a. a. <( a. a. a. a. <(
j::::
;;;
'"
0 a. a. a. <( a. a. a. <(
j::::
N
'" <(
e a. a. a. a. <( a. a.
!::? Z Z
...
<.0 l!) <.0 l!) <.0 l!) <.0 l!)
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
N N N N N N N N
, , , , , , , ,
::2: -:t ('i) -:t ('i) -:t ('i) -:t ('i)
0 0 0 0 0 0 0 0
0::: 0 0 0 0 0 0 0 0
N N N N N N N N
W ... ... ... ... ... ... ... ...
I- 0) 0) 0) 0) 0) 0) 0) 0)
.0 .0 .0 .0 .0 .0 .0 .0
E E E E E E E E
0) 0) 0) 0) 0) 0) 0) 0)
0 0 0 0 0 0 0 0
0) 0) 0) 0) 0) 0) 0) 0)
0 0 0 0 0 0 0 0
c:
a c: ...
CI) Ci 0) :f:
0) 0) <v c: OJ .!!2
W ~ E CI) ... c: ro ~
.= a c: a 'c 0
::2: ro 0::: ...
en I ::J I .w 0) ...
<( t- O)
~ 0) 0) - ....J > Q;
Z 0 ro 0)
... 'c 0.. .0
0) c: (9 U5 0..
c: :> a
, a en
0
W
U
<( ...... N ('i) -:t l!) <.0 t- co
...J
D..
w
~
c
t:)
z
~
w
w
:!:
>-
a3
C
W
I-
Z
o
c..
c..
<(
I-
o
Z
II
<(
Z
t:)
z
~
w
w
:!:
o
Z
II
><
M
.... "It
.... ....
a 0
- -
::::l ...... <.0 ...... ('i) ::::l ON ......0
0 0
'0 '0
CI) CI)
CI) CI)
.!!! .!!!
:E c: :E
CI) a III
Cl- ... Cl
c a. 0) c: c:
.- E OJ ;; CI) 0) .c
Qj ro ... .!: CI) CI) 0) CI)
(1)I 0) c: .- (1)~ a c: ro
:E 0) c: 'w 0::: :Ei:i50::: ... 0
... a
iii 'c ::J ....J ... iii ~8I 0)
c: t- .0 0) >
- Q; - ... c: - 0)
0 a <5 a 0 0) .- ro U5
t- O en 0.. I- ,>0..
I-
Z
W
rn
w
0:::
c..
II
c..
I-
Z
W
rn
a3
<(
II
<(
PRE COUNCIL cc@n0 AGENDA BRIEFING
lC':x,,$
MEETING DATE: 05/17/05 CITY MANAGER I
ITEM # : PC-2 DEPARTMENT HEAD I '
FINANCE REVIEW
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT : Presentation of the Monthly Financial Report - April
2005
General Fund
The percentage of current year taxes collected is slightly below April 2004 collections by .19%,
but delinquent tax collections are greater than the prior year's delinquent collections. Sales tax
revenue received in April was up $25,839/28.16% over the amount received in April 2004.
Eighteen residential building permits were issued in April as compared to thirty-two issued in
April 2004. Municipal Court revenues are up due to strong warrant collections, but may
decline in future months as a lower number of citations were written in April. The average
amount expended by the departments at the end of April is 54.1 %.
Utilitv Fund
Year-to-date water usage is lower due to greater rainfall in November and December 2004.
The average amount expended by the Utility Fund at the end of April is 43.4%.
Attachments
. April 2005 Monthly Financial Report
MONTHLY FINANCIAL REPORT - APRIL 2005
@gNgRg::~qNQ:::::::
......... ...........
.......................
......................
....................
............"",'..,.'.'.,.::. ::::m=::R,!e!:!!!!i/
:::::::::::::::': ....:Jl)'f2005:::m~:gi?? "
:;::::::::::::::::,,:',::i~i.$.&gll':"::::::)l1~&'Q.Q$:::
...................................................................... ............................................................. ,';':-;';':':-:-:-:':-:';';';':-:':':';';';';';';':-:-:-:';':-:-;':-::
:::lllfll[~:::: ...":,.:,:...:,'I:,'.",:I:,:,.:,:..,:...,,,:..:,:,i:...:...::.:..::..:..'::..:,.,.:,.::,R..:,.:,:,::.':,,,.,.,~r::it,A,;:~..,.J:.~,:::.\.,~,[.:.:~,\~r,\:....".'~.r:",::,.:,..':,:,.:,..:....,,:...:...,,:...:.:,,:...:.'.,,:,..:,..,:,..:,...,:,..:...,.:,'.:,..,.:,:.:,..,.:...:,...::..:.llii~~i~<
;::::':::#.i:~Q~~,~i::::: ...........m~~~.........PH!ilG.I.M
.......................
......................
......................
......................
.................... .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...............................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...............................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...............................................................
...............................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...............................................................
................................................................
REVENUESWUi0.Ef:)::::
...............................................................
. ............................................................
.................. ...
Current Taxes
Delinquent Taxes
Penalty & Interest
$7,280,321
60,000
38,000
$7,107,427
56,137
29,258
$7,025,510
35,000
22,167
$6,712,958
38,465
23,311
5.88%
45.94%
25.51%
%QTAgAQMAtQRgM[~~~:::::.::::i7@7.~;~gj:. ::~Z;1~g;~?g":$i~Q~g~~?ij: :.:i~;ii1;i~~
TXU Electric $780,000 $775,974 $780,000 $765,127 1 .42%
Tri-County Electric 65,000 69,654 65,000 57,513 21.11%
TXU Gas 175,000 235,814 175,000 253,310 -6.91 %
Southwestern Bell 107,165 53,818 53,583 53,018 1.51%
Verizon/Others 60,000 34,998 30,000 30,123 16.18%
Refuse/Recycling 88,000 53,973 36,000 52,214 3.37%
Cable TV 119,500 65,631 59,750 58,752 11.71%
................-:-:.;-..;-..:.;-:-:.:.;.:.:.:.:...:.:.;.;....-:.;.;-:.:.:.;-:.:.:.;.:.:.......;.;.;.;....-:-:.;.;.;...:'.-:':':';';':':':-;';';'. .;--.;.;...........;.;./.-...'.;.-.-.;.-.-.-......:.;--.-.-.-..... ...................................... .'.'.'...................-.-.-.......'.........-...-.-............ .... ................................................
mq;tAWtRMipB.l:l?gi~F.p)),...,N.. \::::::$,;~;~:?:.:~1;g~ij;~~g:: ...:::iM1~'1~?:~:: :....:./::~1;i.?Q;9$l
Sales Tax
Mixed Beverage Tax
$1,695,600
50,000
$952,052
36,426
$796,932
37,500
$823,146
27,601
15.66%
31.97%
............................................................................. ................................................... ............................... ...... ............................. ........ ..............-............'....
............................................................................. ....... ......................................... ............................... ...... ............................ ......... ................................
J'Q]!W$!W$~:It%::::::::~Mt4$;$.QQ/.::~$~~~~!tt~ i/@~~?:j;4?:?::~$Q;y4l
Building $705,186 $515,933 $411,359 $571,201 -9.68%
Plumbing 112,923 94,320 65,872 94,679 -0.38%
Electrical 71,628 54,053 41 ,783 58,377 -7.41%
City License 47,551 37,190 27,738 37,195 -0.01 %
Building Plan Review Fee 160,000 86,662 93,333 108,989 -20.49%
New Business 2,900 2,303 1,692 1,645 40.00%
Animal 3,120 1,652 1,820 1,588 4.03%
Sign Permit 7,000 3,790 4,083 4,530 -16.34%
Fence Permit 5,400 4,900 3,150 3,665 33.70%
Fire Permits 7,500 6,450 4,375 6,800 -5,15%
mQ[Aw.ijlPi$N~~~ie~RMft~:::::::.::::'f:~;,:gi;il:::.i~97;i!i.i~@ep$tf:ij~~;@~~
Fines
False Alarms
Library Fines
$510,000
7,500
8,500
$256,081
o
9,197
$297,500
4,375
4,958
$253,350
1,200
3,050
1.08%
0.00%
201.54%
....................................
:.$~Q$;~?:$
MONTHLY FINANCIAL REPORT - APRIL 2005
Re-zoning $14,000 $7,703 8,167 $7,225 6.62%
Plat Fee/Site Plan 13,500 12,925 7,875 11,588 11.54%
Board of Adjustment 1,500 1,000 875 625 60.00%
Sale of Material 2,000 2,014 1,167 1,269 58.71%
Weed Mowing 3,500 600 2,042 2,722 -77.96%
Animal Impoundment 2,889 2,946 1,685 1,168 152.23%
Ambulance 95,214 68,864 55,542 72,720 -5.30%
Recreation Program 124,895 50,157 54,000 54,365 -7.74%
Non-Resident Fee Parks 23,000 8,300 13,417 6,900 20.29%
Field Use Charge 20,000 15,140 10,000 11,595 30.57%
Engineering & Inspection 80,000 61,994 46,667 88,105 -29.64%
Chgs & Reimbursements 9,000 4,167 5,250 4,065 2.51%
Community Center Rental 175,000 109,963 102,083 119,924 -8.31%
Library Building Rental 300 250 175 75 233.33%
Lot Drainage Insp Fee 21,250 18,375 12,396 21,750 -15.52%
[q[A~9H~q$$F9R~~RM!9~?........$.~~;QI..".....$~~i;~~~
DARE Officer Reimb
$73,872
$0
$0
$0
0.00%
[qlA4iNmgR9q*i.l.iR~Mifli;,:,...:.......'::.itl;~1I:
Sale of Surplus Property $10,000 $0 $0 $11,600 0,00%
Interest Income 170,000 54,236 45,000 51,000 6.35%
Miscellaneous 33,000 46,536 36,115 18,919 145.97%
Use of Fund Balance 719,744 0 0 0 0.00%
Celebrate Colleyville Contributions 11,000 8,950 11,000 8,100 10.49%
Tower Rental 49,000 62,287 40,000 42,822 45.46%
TqlA4Mi$pgijQ\Ni.l.iP9~:.~1i;Z4"
Transfer from Utility Fd
$475,000
$0
$0
$0
0.00%
... ..... ............................... ..................................................
TQ[Ag~$BgR~....)}.:.:::.::.:....'i7$;.:
.. .... ..... .................... ....................................... ........................................ .................................................... ..........~......
]PI.Aij@gNg~ijFQMPRi.l.iM€N9g~,:.~l4;1I;'1i~1.~;9~g;j9gi1.9;ij~j;~~i~1Q;~r~;iM,jW#o/~
MONTHLY FINANCIAL REPORT - APRIL 2005
TOTAL PERCENT
FY 2005 THROUGH THROUGH INCREASE INCREASE
BUDGET 4/30/2005 4/30/2004 (DECREASE) (DECREASE)
% OF CURRENT TAX ROLL COLLECTED 98.9% 96.59% 96.78% -0.19% -0.20%
RESIDENTIAL BLDG PERMITS 160 145 165 (20) -12.12%
COMMERCIAL BLDG PERMITS 10 6 9 (3) -33,33%
PLUMBING PERMITS 900 846 855 (9) -1.05%
ELECTRICAL PERMITS 400 349 365 (16) -4.38%
CITATIONS ISSUED 8,800 3,621 3,915 (294 ) -7.51%
CITATIONS APPEALED 150 173 218 (45) -20.64%
City Council and Secretary
City Manager
Finance
Legal
Engineering
Economic Development
Building Inspection
Community Development
Fire
Police
Parks
Recreation
Library
Communications
Colleyville Center
Streets & Drainage
Municipal Court
Fleet Maintenance
Building Services
Information Services
Capital Equipment Reserve
~i~iii*~~~i$.~.:.::::
$308,531
623,091
470,257
70,000
461,279
152,835
301,988
282,684
3,017,388
3,135,076
1,313,213
287,648
475,470
145,221
345,334
1,786,026
237,688
181,246
232,680
165,518
45,740
256,158
::::'$.1i;.;Q~n
..................................
$167,647
337,078
275,033
43,264
229,819
87,477
153,561
150,169
1,850,338
1,845,162
606,324
147,722
241,973
98,140
167,319
906,200
111 ,905
101,495
94,729
75,022
45,740
o
...................................
it@~~;~1t .....
$168,109
346,321
279,375
35,000
236,516
90,481
165,856
148,841
1,846,638
1,847,121
731,854
152,093
260,288
98,156
184,213
893,205
120,500
101,653
110,063
99,373
45,740
o
...............................
:$'l;~~1@~~
54.3%
54.1%
58.5%
61.8%
49.8%
57.2%
50.9%
53.1%
61.3%
58.9%
46.2%
51.4%
50.9%
67.6%
48.5%
50.7%
47.1%
56.0%
40.7%
45.3%
100.0%
0.0%
$140,884
286,013
195,224
26,736
231 ,460
65,358
148,427
132,515
1,167,050
1,289,914
706,889
139,926
233,497
47,081
178,015
879,826
125,783
79,751
137,951
90,496
o
256,158
.....................-................
~;~~;~
MONTHLY FINANCIAL REPORT - APRIL 2005
Water Sales
Sewer Sales
Sewer Installation
Water Installation
Sewer Tie-on Charges
Engineering Charges
Penalties
Miscellaneous
$6,474,194 $2,534,831 $2,625,998 $2,622,489 -3.34%
2,016,996 1,169,418 1,176,581 1,134,148 3.11%
16,000 19,300 9,333 22,000 -12.27%
44,800 36,120 26,133 41,578 -13.13%
10,000 7,344 5,833 18,036 -59.28%
35,000 28,705 20,417 47,156 -39.13%
173,566 77,261 101,247 77,078 0.24%
9,300 7,804 4,500 6,157 26.75%
.... ......... .............. .............. ............
.... .......... ............ ............ ..........
"],, O[A'"[" "'Q' "p' ERA"'''''['''I'N'" G" ''''I'N''''Q''''Q''""M"' S''''''''''''''''''''''
.... ..... ..........
::::. "...\:;.:..::::~:}:::. :~::..:'''>: ::....\.t...;:.<.:::}~..::' . .:, ;...:.;.~..:.::~~rr::?' .';.
Interest Income
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
4/30/2005 4/30/2004 (DECREASE) (DECREASE)
GALLONS OF WATER SOLD 637,640,566 811,176,587 (173,536,021 ) -21.39%
NUMBER OF WATER CUSTOMERS 8,164 7,934 230 2.90%
Administration
Billing
Operations
Debt Service
Performance Pay
Transfer to General Fund
$200,753
259,133
6,360,581
1,135,287
38,173
475,000
$110,124
127,459
2,461,723
976,788
o
o
$113,449
140,300
2,494,015
976,788
o
o
54.9%
49.2%
38.7%
86.0%
0.0%
0.0%
$90,629
131,674
3,898,858
158,499
38,173
475,000
TQ.TAU~~~N$~~::::
........." ...................... .............................. .........
:::~~;$.?$;Q'#)$~;rg#;$~g:::
PRE COUNCIL
cc0n0 AGENDA BRIEFING
It'x,,::>
MEETING DATE: :
ITEM#: :
05/17/05
PC-3
CITY MANAGER i
DEPARTMENT HEAD :
FINANCE REVIEW N/ A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Discussion of the May 17, 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
city Q{
CCe'" AGENDA BRIEFING
"(":I:~S
MEETING DATE:
ITEM#:
RESOLUTION #:
05/17/05
1
N/A
CITY MANAGER I
DEPARTMENT HEAD i
FINANCE REVIEW '
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. 551.072 -
Sec. 551.072 -
Sec. 551.072 -
Sec. 551.074 -
Sec. 551.087 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant
Legal - Potential Litigation - Pecan Village Partners
Property Acquisition
Proposed Sale of Property - 5500 Colleyville Boulevard
Proposed Sale of Property - 5100 Colleyville Boulevard
Personnel - Deliberate the assignment, duties, performance and
evaluation of the City Manager
Economic Development Conference with City Manager and staff to
discuss and deliberate commercial and financial information
received from business prospect(s) the City seeks to have locate,
stay, or expand within the City; with which business(es) the City is
pursuing and conducting economic development negotiations
CITY COUNCIL
city or
CCeCll AGENDA BRIEFING
iC'x~$
MEETING DATE: I 05/17/05
ITEM #: i 2
RESOLUTION #: i R-05-2543
CITY MANAGER i
DEPARTMENT HEAD [
FINANCE REVIEW,
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Canvassing the results of the General Election for
Mayor and Places 1 and 2, held May 7, 2005
Reading and Public Hearing
This Resolution provides for the City Council to canvass the results of the May 7, 2005,
General City Council Election for Mayor and Places 1 and 2, in accordance with Texas
Election Code Section 67.004.
RESOLUTION R-05-2543
A RESOLUTION CANVASSING THE MAY 7,2005, GENERAL ELECTION FOR
MAYOR AND PLACES 1 AND 2
WHEREAS, a General Election was duly held in the City of Colleyville, Texas, on the 7th
day of May 2005, for the purpose of electing a Mayor and Council members
to Places 1 and 2; and
WHEREAS, the City Council has met and canvassed the votes cast in such election in
accordance with the Texas Election Code, Section 67.004; and,
WHEREAS, such canvass shows the following results:
MAYOR
David Kelly
1,010
John A. Grace
922
PLACE 1
George Boll
1,257
PLACE 2
Tony Licata
972
Mike Taylor
951
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the above canvass is hereby approved.
AND IT IS SO RESOLVED.
NAYS AND
2005.
PASSED BY A VOTE OF AYES,
ON THIS THE DAY OF
ATTEST:
Cynthia Singleton, TRMC
City Secretary
Resolution R-05-2543
Page 2 of 2
ABSTENTIONS
CITY OF COLLEYVILLE
Mayor
CITY COUNCIL
CC~0 AGENDA BRIEFING
fL'X.,:;,
MEETING DATE: : 05/17/05
ITEM #: i 3
RESOLUTION #: i R-05-2544
CITY MANAGER '
DEPARTMENT HEAD :
FINANCE REVIEW :
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Canvassing the results of the Special City Charter
Amendment Election, held May 7,2005
Reading and Public Hearing
This Resolution provides for the City Council to canvass the results of the May 7, 2005,
Special City Charter Amendment Election, in accordance with Texas Election Code Section
67.004.
RESOLUTION R-05-2544
A RESOLUTION CANVASSING THE MAY 7, 2005, SPECIAL CITY CHARTER
AMENDMENT ELECTION
WHEREAS, a Special City Charter Amendment Election was duly held in the City of
Colleyville, Texas, on the 7th day of May 2005; and
WHEREAS, the City Council has met and canvassed the votes cast in such election in
accordance with the Texas Election Code, Section 67.004; and
WHEREAS, such canvass shows the following results:
PROPOSITION 1
For
1,377
415
Against
PROPOSITION 2
For
1,225
551
Against
PROPOSITION 3
For
1,245
527
Against
PROPOSITION 4
For 1,229
Against 526
PROPOSITION 5
For 1,437
Against 323
Resolution R-05-2544
Page 2 of2
PROPOSITION 6
For 1 ,430
Against 327
PROPOSITION 7
For 1,361
Against 402
PROPOSITION 8
For 1,377
Against 375
PROPOSITION 9
For 1393
Against 339
PROPOSITION 10
For 1,332
Against 410
PROPOSITION 11
For 1,326
Against 421
Resolution R-05-2544
Page 3 of 3
PROPOSITION 12
For
1,380
374
Against
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the above canvass is hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF AYES,
ON THIS THE DAY OF
NAYS AND
2005.
ABSTENTIONS
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Mayor
CITY COUNCIL
cceCll AGENDA BRIEFING
';(.':0.:..$
MEETING DATE:
ITEM#:
RESOLUTION #:
05/17/05
4
N/A
CITY MANAGER ;
DEPARTMENT HEAD '
FINANCE REVIEW i
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Administration of the Oath of Office to the Mayor
and Council members, Places 1 and 2
City Secretary Cynthia Singleton will administer the Oath of Office to the Mayor and
Councilmembers, Places 1 and 2.
CITY COUNCIL
cc@rn(/) AGENDA BRIEFING
11.'X.,$
MEETING DATE: !
ITEM#: I
RESOLUTION #: I
05/17/05
5
N/A
CITY MANAGER ;
DEPARTMENT HEAD i
FINANCE REVIEW !
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Reception for Mayor and Council members
Immediately following the Oath of Office, there will be a reception in the Council Chambers
honoring the Mayor and Councilmembers.
CITY COUNCIL
cc@m<6 AGENDA BRIEFING
IC....,$
MEETING DATE: !
ITEM#: !
RESOLUTION #: I
05/17/05
6
N/A
CITY MANAGER i
DEPARTMENT HEAD
FINANCE REVIEW!
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Election of Mayor Pro Tem
This item is provided in accordance with the City of Colleyville Charter, Section 3.06(B), for the
purpose of electing from among the Council, a Mayor Pro Tem, who shall serve for the term of
one (1) year.
CITY COUNCIL
CC@n(/l AGENDA BRIEFING
fL':I:<l$
MEETING DATE:
ITEM#:
05/17/05
7
CITY MANAGER i
DEPARTMENT HEAD i
FINANCE REVIEW iN/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: CORRESPONDENCE, MISCELLANEOUS
REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
PLAQUES - In recognition of service on the Colleyville City Council - Mayor Joe
Hocutt and Councilpersons Elaine Dolan and Mark Skinner
RESOLUTION R-05-2545
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING MAY 17, 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 May 3, 2005
b.
Approval of the Donation of equipment and professional services for
interconnectivity to City facilities by MeshLinx, Inc. and an Agreement with
TXU for the use of facilities
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
Mayor
MINUTES OF THE
CITY COUNCIL MEETING
MAY 3, 2005
The Pre Council meeting of the Colleyville City Council was called to order by Mayor
Hocutt on May 3, 2005, at 5:30 p.m.
ROLL CALL:
Councilpersons Elaine Dolan, Mark Skinner, Rich Hendler and Tom
Hart were present. Mayor Joe Hocutt, City Manager Bill Lindley,
Assistant City Manager Paul Frederiksen, Finance Director Terry
Leake, Community Development Manager Barry LeBaron,
Engineer Chad Bartee, Public Works Director Keith Fisher,
Economic Development Manager Scott Welmaker, City Attorney
Matthew Boyle and City Secretary Cynthia Singleton were also
present.
Mayor Pro Tem Ayers arrived at 5:55 p.m.
PC-1. Discussion of the format for the Canvass of the May 7, 2005, General and
Special Election results and Administering the Oath of Office
Council determined that the May 17, 2005, Council meeting format would be conducted
as Option 2, which provides that the Oath of Office will be administered after the regular
meeting convenes at 7:30 p.m.
PC-2. Presentation of citizen comments from the April 27, 2005, neighborhood
meeting regarding the Ground Storage Water Tank
Public Works Director Keith Fisher provided a summary of the citizen comments from
the April 27, 2005 public meeting regarding the proposed ground storage water tank
and answered questions of the Council.
Mr. Brian O'Neill and Mr. Gary Fisher of Dannenbaum Engineering provided information
related to the design, location and size of the water tank and answered questions of the
Council.
CITY COUNCIL MINUTES
MAY 3,2005
Mr. Robert McCann, 5604 Lowrie Road, spoke regarding the size, location and design
of the water tank, noise pollution, the potential impact of the water tank on property
values and the funding source for construction of the water tank.
Mr. Gerald Cooper, 5509 Texas Trail, spoke regarding the location of the water tank
and the impact of the water tank on property values.
Mr. Lawrence Fleischer, 609 L.D. Lockett Road, spoke regarding the size and capacity
of the water tank, construction of a below grade water tank, security concerns and
funding for the construction of the water tank.
Mr. Jim McCure, 5605 Texas Trail, spoke regarding the water tank design, a below
grade water tank, security concerns and property values.
Mr. Chris Renton, 5518 Texas Trail, spoke regarding the location of the water tank, the
Master Plan, the City's growth rate, property values, volume of the water tank, noise
pollution and safety concerns.
Ms. Laura Fleischer, 609 L.D. Lockett Road, spoke regarding the public meeting
notification process and the size of the water tank.
Operations Manager Kelly Howell provided information regarding the average water
usage, the size of the proposed water tank and the noise pollution generated by a water
tank system.
Mr. Brian O'Neill, Dannenbaum Engineering, provided information related to the cost of
constructing a below grade water tank.
City Manager Bill Lindley provided information regarding the funding for construction of
the proposed water tank.
Discussion ensued regarding the size, location and cost of the proposed water tank and
the noise level of the water tank system.
Council requested that staff conduct additional public meetings regarding the proposed
water tank and include the citizens who signed the petition in the notification process.
PC-3. Discussion of proposed Colleyville Economic Development Corporation (CEDC)
refunding outstanding 1997 and 2000 Sales Tax Revenue Bonds
Mayor Pro Tem John Ayers provided an overview of the Colleyville Economic
Development Corporation Board meeting held April 28, 2005.
2
CITY COUNCIL MINUTES
MAY 3, 2005
PC-4. Presentation of the Quarterly Investment Report
The meeting was adjourned prior to this item being discussed.
PC-5. Discussion of the May 3, 2005, City Council regular agenda items
The meeting was adjourned prior to this item being discussed.
There being no further business, Mayor Hocutt declared the meeting adjourned at 6:48
p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt
on May 3, 2005, at 6:52 p.m.
ROLL CALL:
Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom
Hart and Mayor Pro Tem Ayers were present. Mayor Joe Hocutt,
City Manager Bill Lindley, Assistant City Manager Paul Frederiksen,
Police Chief Tommy Ingram, Fire Chief Mike Johnston, Community
Development Manager Barry LeBaron, Community Development
Coordinator Chris Fuller, Public Works Director Keith Fisher,
Economic Development Manager Scott Welmaker, Parks and
Recreation Director Monica Walsh, Communications Manager Dixie
Cawthorne, City Attorney Matthew Boyle and City Secretary
Cynthia Singleton were also present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Sec. 551.071 -
Sec. 551.071 -
Sec. 551.072 -
Sec. 551.072 -
Sec. 551.072 -
Sec. 551.074 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Brian K. Meroney vs. City of Colleyville
Legal - Potential Litigation - Pecan Village Partners
Property Acquisition
Proposed Sale of Property - 5500 Colleyville Boulevard
Proposed Sale of Property - 5100 Colleyville Boulevard
Personnel - Deliberate the assignment, duties, performance
and evaluation of the City Manager
3
CITY COUNCIL MINUTES MAY 3, 2005
Sec. 551.087 - Economic Development Conference with City Manager and
staff to discuss and deliberate commercial and financial
information received from business prospect(s) the City
seeks to have locate, stay, or expand within the City; with
which business(es) the City is pursuing and conducting
economic development negotiations
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 6:53 p.m. and
reconvened at 7:53 p.m.
The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic
Community and City Attorney Matthew Boyle 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 announced that he attended the Grapevine High School Project
Graduation, the Colleyville Proud Clean Sweep and Arbor Days event, the Colleyville
Cook-off for Special Olympics, the Colleyville Garden Club Promenade and the
Colleyville Tree Jamboree organized by Mr. David Bagwell.
Mayor Hocutt presented a Proclamation to Mr. Ted Rose, Director of Fine Arts,
Covenant Christian Academy, in recognition of the Fine Arts Department 2005 T APPS
2A State Art Championship.
Mr. Rose expressed appreciation for the City's recognition and support of the arts.
Mayor Hocutt presented a Proclamation to Mr. Chris Fisher, Texas Motorcycle
Roadriders Association representative in recognition of Motorcycle Safety and
Awareness Month.
Mayor Hocutt presented plaques to Ms. Dezann Korbuly and Mr. Marcus Miller in
recognition of service on the Celebrate Colleyville Steering Committee and recognized
Ms. Linda Newton who was unable to attend the meeting.
Mayor Hocutt recognized Ms. Terry Leake, Finance Director and Finance Department
staff for receiving the Government Finance Officers Association Distinguished Budget
Presentation Award for the Fiscal Year beginning October 1,2004.
Ms. Leake commended City Manager Bill Lindley for the development of the budget
message, which contributed to being selected to receive the award.
4
CITY COUNCIL MINUTES
MAY 3, 2005
Mayor Hocutt presented a Proclamation to Officer Bill Hudgins in recognition of National
Memorial Police Week, May 15-21, 2005.
Officer Bill Hudgins invited everyone to attend the 9th Annual Kid's Safety Fair to be held
May 14, 2005, at Kroger.
Mr. Richard Newton presented, on behalf of Senior Pastor Steve Hill of Heartland
Fellowship Church, a framed print of the First Prayer in Congress, to Mayor Hocutt and
stated that he appreciated Mayor Hocutt's service to the City.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-05-2539 - Consent Items:
a. Approval of Minutes of the regular City Council meeting of April 19, 2005
b. Approval of broker/dealer firms for investment purchases
Mayor Hocutt opened the public hearing and read Resolution R-05-2539 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-05-2539.
Councilman Hendler 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 0-05-1522 -
Approval of a Zoning Change from AG to R40 on 1.155 acres, out of the S.C.H.
Witten Survey, Abstract 1619, located at 5500 Montclair Drive, Case Z-05-009
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1522.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Councilman Skinner moved to approve Ordinance 0-05-1522.
5
CITY COUNCIL MINUTES
MAY 3, 2005
Mayor Pro Tem Ayers seconded the motion.
Ayes: Council persons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1523 -
Approval of a Zoning Change from AG to R40 and R20 on 24.108 acres, out of
the William Dunn Survey, Abstract 404, located at 6805 Pleasant Run Road,
Case Z-05-008
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1523.
Ms. Joan Quinn, 6817 Pleasant Run, expressed appreciation to Mr. John Fegan, the
developer, for working with the neighbors and in favor of the proposed ordinance and
the development as a gated community.
Ms. Becky Meadows, 6901 Pleasant Run, spoke in favor of the proposed ordinance
provided the development is a gated community.
Mr. Tim Meadows, 6901 Pleasant Run Road, spoke in favor of the proposed ordinance
and the development as a gated community.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. John Fegan, 1315 Bellefonte Lane, developer, was present to answer questions of
the Council.
Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1523.
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
CITY COUNCIL MINUTES
MAY 3, 2005
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1524 -
Approval to amend Section 2 of Ordinance 0-04-1493 relating to the Fiscal Year
2004-2005 Budget, to authorize the expenditure of $975,000 of unappropriated
fund balance of the General Fund for the construction of the Senior Citizen's
Center on the site of the former City Hall Building at 5400 Bransford Road
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1524.
Mr. James Day, 805 Shelton Drive, spoke in opposition to the expenditure of funds for a
Senior Center and regarding the use of the Colleyville Center for senior activities.
Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance
and regarding the bond election related to a Senior Center.
Mr. Jim Hampton, 5804 Pleasant Run Road, presented a petition, spoke in favor of the
proposed ordinance and regarding the condition of the Senior Citizen facility on L.D.
Lockett Road.
Mr. David Fink, 6400 Ponderosa Lane, spoke in opposition to the proposed ordinance
and regarding the use of the Colleyville Center for community activities.
Ms. Lila Coley, 401 Shelton Drive, spoke in favor of the proposed ordinance and
regarding the contributions of the senior citizens.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Pro Tem Ayers provided information regarding the proposed Colleyville
Economic Development Corporation refunding of outstanding 1997 and 2000 Sales Tax
Revenue Bonds as a potential funding source for a Senior Center.
Mayor Hocutt reported that Ms. Susie Grundy requested that it be stated that she is not
in favor of constructing a Senior Citizen Center.
Discussion ensued regarding funding options for a senior citizen center, recreational
needs of senior citizens and the location of a senior citizen center.
Discussion continued regarding the need to explore funding options for a senior citizen
center and to receive the recommendation of the Colleyville Economic Development
Corporation Board regarding the refunding of the sales tax revenue bonds.
Mayor Pro Tem Ayers moved to table Ordinance 0-05-1524.
Councilman Skinner seconded the motion.
7
CITY COUNCIL MINUTES
MAY 3, 2005
Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1525 - Approval
of a Zoning Change from AG and R30 to R40 on 2.55 acres located at 6112 and
6115 Hunter Lane, Case Z-05-011
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1525.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
8. READING AND PUBLIC HEARING - Resolution R-05-2540 - Approval of a
Preliminary Plat on 24.108 acres out of the William Dunn Survey, Abstract 404
located at 6805 Pleasant Run Road, Case P-05-011
Mayor Hocutt read Resolution R-05-2540 in its entirety and opened the public hearing.
Ms. Joan Quinn, 6817 Pleasant Run Road, spoke in favor of the proposed resolution
and the development as a gated community.
Ms. Becky Meadows, 6901 Pleasant Road, spoke in favor of the proposed resolution
and the development as a gated community.
Mr. Tim Meadows, 6901 Pleasant Run Road, spoke in favor of the proposed resolution
and the development as a gated community.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Community Development Manager Barry LeBaron provided information regarding the
Planning and Zoning Commission recommendation related to this item.
Discussion ensued regarding an automated opening system to allow for emergency
vehicles, the ownership and transport of a log cabin located on one of the lots and
funding for refurbishment and relocation of the log cabin.
Mayor Pro Tem Ayers moved to approve Resolution R-05-2540, with the amendment
that the plat is approved subject to the development being mandated as a gated
community.
8
CITY COUNCIL MINUTES
MAY 3,2005
Councilman Skinner seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
9. READING AND PUBLIC HEARING - Resolution R-05-2541 - Approval of three
Retail Development Agreements by and between the City of Colleyville and
Melvin & Martindale II, Ltd.
Mayor Hocutt read Resolution R-05-2541 in its entirety and opened the public hearing.
Mr. Richard Newton, 1208 Holly Lane, spoke regarding the Retail Development
Agreement as it relates to the tax rebate incentive agreement, the City's development
incentives, the percent tax rebate and the tax reduction not to exceed ten years.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. Charles Hodges, Melvin & Martindale, Ltd, 13462 Omega, Dallas, Texas, spoke
regarding the development of Town Center, the provisions of the Retail Development
Agreements and answered questions of the Council.
Mayor Pro Tem Ayers moved to approve Resolution R-05-2541, with the amendment to
the first sentence in Item 2b as follows: This Agreement may not be assigned by either
party without the written consent of the other party.
Councilman Skinner seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
REPORTS:
10. PLANNING AND ZONING COMMISSION MINUTES - March 28, 2005
There was no action taken on this item.
CITIZEN COMMENTS:
11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
9
CITY COUNCIL MINUTES
MAY 3, 2005
Mr. David Fink, 6400 Ponderosa Lane, spoke regarding refuse in Town Center and
regarding Proposition 10 on the City Charter Amendment Election ballot.
Ms. Kathy Hadley, 204 North Timberline, spoke regarding the condition of the majestic
oaks in Town Center and regarding the tree ordinance.
ACTION/RESOLUTION:
12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 3, 2005 - Reading
and Public Hearing - Resolution R-05-2542
This item was not needed.
ADJOURNMENT:
13. ADJOURNMENT
There being no further business before the City Council, Councilman Dolan 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 9:31 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
10
PRE COUNCIL
CC~0 AGENDA BRIEFING
Te-x~$
MEETING DATE:
ITEM#:
RESOLUTION:
05/17/05
8b
R-05-2545
CITY MANAGER i '.
DEPARTMENT HEAD I
FINANCE REVIEW i
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT : Approval of the Donation of equipment and
professional services for interconnectivity to City
facilities by MeshLinx, Inc. and an Agreement with
TXU for the use of facilities - by Consent
In August 2003, the Mayor and City Council approved Resolution R-03-2200 for Phase I of the
interconnectivity of City facilities (City Hall, Library, Justice Center, Colleyville Center and
Parks Administration). Phase II of the Interconnectivity Plan will consist of connecting Fire
Administration, Fire Station 2, Public Works, and Fire Station 3.
City staff was approached by MeshLinx, Inc. to use the City of Colleyville as their first pilot
project in Texas addressing Phase II. The City of Colleyville has a unique opportunity to
benefit from the equipment and professional services donation from MeshLinx, Inc. totaling
$53,200. MeshLinx Inc. would like the opportunity to design a high speed broadband wireless
network, providing a turnkey solution, integrating both hardware and software for wireless
interconnectivity to complete Phase II of the City's Interconnectivity Plan.
The plan would entail the installation of up to 12 access points including assemblies and
brackets. MeshLinx, Inc. will donate the hardware for the project, donate the software for the
access points, as well as the network manager, handle sight survey and oversee the
installation of the equipment. This equipment will be installed on light poles and on our
elevated storage tanks and buildings. MeshLinx, Inc. has provided the City with a one-year
product warranty guarantee on their equipment.
Mesh Wireless Technology is configured just like a wired network in the way it operates. It
operates similar to cellular systems; each cell radius is about a third of a mile. These systems
are advanced and provide data rates to the subscriber that are 1000X faster than DSL with a
much lower cost. The wireless access points are small hardware devices that deliver the
highest speed, and reliability through its Mesh Architecture and each one has a range of
performance depending on physical barriers. The units are wirelessly linked to pass the
information from the originator to the destination exactly like we enjoy on the internet. The
Colleyville deployment will connect two Mesh Networks, one around the McDonwell School
Fire Station to another at the Public Works service center via a special point to point wireless
connection. This is accomplished with special long range antennas and saves equipment
expense.
The result of this deployment is a low cost high speed communication link for the Fire Stations,
Public Works Department, Colleyville Center and Justice Center. Currently Colleyville depends
Agenda Briefing
Resolution R-05-2545
Page 2 of 2
on the television cable supplier system and has no control of quality of service. The City will be
saving over $11,000 annually on maintaining equipment such as modems, firewalls, and
network related issues for both the Fire and Public Works Departments. Since the system
operates like a wired network the same level of security is available to this new communication
component.
Once City Council approves this donation, staff will seek written quotes for cabling, routers and
switches. It is estimated that the cost for this equipment and installation will be $12,000, which
can be funded from the interconnectivity account. If for whatever reason, the equipment
provided by MeshLinx fails to perform as intended, the additional equipment the City must
purchase can still be used to provide for interconnectivity once another means is found. The
City will agree to reimburse MeshLinx for the installation of their equipment estimated to be
$3,000. Included also for the Council approval is an agreement with TXU. This agreement is
for the installation of equipment to facilitate the signal transmission along the route from the
three building locations.
Financial Impact
There is funding available in line item 03-11-7228 in the interconnectivity account for Meshlinx
equipment installation and internal cabling.
Recommendation
Approval
Attachment
· Meshlinx Donation Form
· Network Mapping Schematic
· Meshlinx Warranty Certificate
. TXU Agreement
CITY OF COLLEYVILLE
DONA nON AND TRANSFER OF TITLE
Wle M E.~ )/ L / AI )( t./ l,e If-L E (( hereby give, assign. transfer, an
set over to the City of CoIleyville all of my rights, title, and interest in the materials desaibed below:
1/../ t;' LV'!: -c.)J fIE b-tt. lff"tLJ S () J:.7l/ 1J1l€ /J./4IU:JJ.lt1I(, € ;1/,,'/..4Js /"II/T-,
;'
~J./ t:> 611 Ack~7 A:;~ 6", & L/~f. . # lf3/, J.. ()t) ~. f~/Jjt!"~~ 16io1<1-L 5 U. vnx.J,:
.i. (fV' II .A:: ~ n r A-L t/d N II-'fi {);) -/I rJ ).f)O 1fT
~O()(). . S;~~U1117U IJJI{';'J./AiIl~/tJ~4T.$: ~-kJo.rl"'i1nds . .J .
/ "
Stipulations (if any)
SpeclflcatlonslPlanslPhotoslAnnual cost to city: Attached
. None_
I have read and understand the Donation Policy of the CIty of CoIleyville. and accept the provisions (
that policy.
Signature of Donor(s)
~ t rJ.:d. I'..~
/
Address of Oonor
6t(.l.1
/5,r!,:/ 26 {
C/~ cL.E;, . .su~T& 100
/
-r/5.ynJ
ZIP 9 ~~k.
· affiee C~LL' 21Y _.2).)'-tfo'fJ'
Department
or
Board
By
Coundl Approval Date
Date
ResolutionlOrdinance Nt.mber
ACCEPTED for and In behalf of the City of CoI1eyvlle
By
Date
Mayor, City of CoIleyvllle
Accession Number
~
~
o
==
-
CI)
c
C")
ci
"""
~
CI)
~
CI)
In
en
z
c
-~
~
o
.!
CI)
C
N
ci
"""
~
CI)
~
CI)
In
en
z
c
'-../
'-../
~
;-0.,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
"t"""
~
~
~
o
==
-
CI)
c
oq-
ci
"""
~
/"""'0.
'-../
"-./
0::
w
~
w
en
en
z
c
In
CI)
u
.~
CI)
en
~
o
-
u
CI)
~
c
CI)
>
:.;:0
u
<(
c
'iij
~
MESHLINX
Product Warranty Certificate (Product Type
T-POD 5000 Access Point)
Warranty. MeshLinx warrants to you (City of Colleyville) that at the date of purchase
(donation), the product is free of defects in workmanship and materials, and/or the
software product included in the product or purchase (donation) will perform in
substantial compliance to its program specifications.
Exclusions from Warranty. This warranty does not cover physical damage to the surface of the
product, including, without limitation, breakage, cracks, dents, scratches on the outside casing of
the product caused by you or a third party. In addition, this warranty shall not apply (i) if the
casing for the product is opened by someone other than an authorized MeshLinx representative;
(ii) if the defect or malfunction is caused by you or a third party's misuse, accident, modification of
the product's components, or operation of the product in an unsuitable environment or in a
manner for which it is not intended; (iii) if MeshLinx's testing and examination discloses that the
alleged defect or malfunction in the product does not exist, (iv) if the defect or malfunction results
from the use of the product in conjunction with accessories, other products, or ancillary or
peripheral equipment and MeshLinx determines that there is no fault with the product itself; or (v)
if the defect or malfunction is due to any uncertified installation procedure you may use with the
product. MeshLinx shall not be responsible for software, firmware, information, or memory data
contained in, stored on, or integrated with any products returned to MeshLinx for repair, whether
under warranty or not. MeshLinx makes no warranty or representation that its software products
will meet your requirements or will work in combination with any hardware or applications
software products provided by third parties, that the operation of the software products will be
uninterrupted or error free, or that all defects in the software products will be corrected.
Remedies. MeshLinx shall, at its discretion, either replace the product with a comparable
product, repair the product, or refund the purchase price paid for the product. Replacement
products may be new or reconditioned.
Warranty Period. The warranty period is _12 month's from your date of purchase
(donation). MeshLinx will give a new warranty on any replaced or repaired product for a period of
ninety (90) days from the date of shipment back to you, or through the end of the original
warranty period, whichever is longer.
Obtaining Warranty Service. In order to obtain warranty service, you must receive warranty
service authorization by contacting MeshLinx within the warranty period and provide dated proof
of original purchase (donation). All warranty returns require prior authorization with the MeshLinx
return material authorization (RMA) clearly marked on the exterior of the container. For further
information about the warranty service procedure, please visit our website at
http://www.meshlinx.com .
Warranty Exclusive. This warranty is exclusive and MeshLinx will not assume and hereby
expressly disclaims any further warranties, including, but not limited to, any warranty of
merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability. To the full extent allowed by law, MeshLinx's liability is limited to repair or
replacement of the product, or refund of the purchase price paid. MeshLinx shall not be liable for
any incidental, consequential, indirect, special or punitive damages of any kind, or for loss of
revenue or profits, loss of business, loss of information or data, or other financial loss arising out
of or in connection with the sale, installation, maintenance, use, performance, failure, or
interruption of this product.
Governing Law. This warranty will be governed by the laws of Texas, and excluding the United
Nations Convention on Contracts for the International Sale of Goods. The courts of Texas shall
have exclusive personal jurisdiction in case of any disputes arising out of or in connection with
this warranty.
DISTRIBUTION POLE LICENSE AGREEMENT
BY AND BETWEEN
TXU ELECTRIC DELIVERY COMPANY
AND
CITY OF COLLEYVILLE
DATED
APRIL 29, 2005
NO. S 0473460 C
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
THIS DISTRIBUTION POLE LICENSE AGREEMENT (the "Agreement") EFFECTIVE DATE
is made effective as of the 29th day of APRIL, 2005 by and between TXU
Electric Delivery Company, a Texas Corporation ("COMPANY'), and the
City of Colleyville, Texas. ("Licensee").
WHEREAS, COMPANY is a public utility company, transmitting and RECITALS
distributing electric power, and COMPANY maintains and uses distribution
poles in furtherance of its activities as a public utility company; and
WHEREAS, Licensee desires to attach to and thereafter maintain its
Equipment (as hereinafter defined) that is attached pursuant to this
Agreement on certain of COMPANYs distribution poles (hereinafter
defined as Poles), situated within COMPANY's designated boundaries
and jurisdiction, solely for the purpose of engaging in the
Communications Services (as hereinafter defined); and
WHEREAS, COMPANY is willing to allow Licensee, pursuant to the terms
and conditions of this Agreement, to attach to and thereafter maintain its
Equipment on Poles, solely for the purpose of engaging in the
Communications Services.
NOW, THEREFORE, in consideration of the covenants, agreements and
undertakings set forth below, the Parties agree as follows:
The words and phrases listed in this Section 1 ("Definitions") shall have
the meanings set forth in this Section wherever such words and phrases
appear in this Agreement (or the Attachments to it) with an initial capital
letter on each word. The meaning stated in this Section shall control the
meaning of all such words and phrases when so capitalized,
notwithstanding the context or associations in which such words or
phrases may appear in this Agreement (or the Attachments to it). Words
and phrases not listed in this Section and words and phrases listed in this
Section without an initial capital letter shall have the meaning necessary
to achieve the intention of the Parties as expressed in this Agreement.
This shall mean any other person or entity directly or indirectly controlling
or controlled by, or under the direct or indirect common control with, a
specified person or entity.
This shall mean this Distribution Pole License Agreement.
This shall mean the individuals identified on Attachment B to this
Agreement and any replacements for them made pursuant to the
procedures prescribed in the Section entitled "Replacement of Authorized
Representatives" .
This shall mean any and all claims, losses, expenses, damages,
demands, judgments, attorneys' fees, causes of action, suits and liability,
in tort, warranty, contract, or any other basis, and of every kind and
character, including, without limitation, claims, losses, expenses,
damages, demands, judgments, causes of action, suits and liability on
account of personal injuries or death, damage to property or economic
loss.
This shall mean the transmission and exchange of information, by means
of the Equipment, among and between certain Licensee facilities; such
2
SECTION 1.
DEFINITIONS
1.1 Affiliate
1.2 Agreement
1.3 Authorized
Representatives
1.4 Claims
1.5 Communications Services
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
transmission and exchange of information being in furtherance of its
governmental or public purposes, and at no time being used for, or
otherwise involving, commercial or profit-making activities or purposes.
This shall mean the fiber optic or other cables, amplifiers and drop wires,
wires and appliances, together with associated cable messengers,
anchors and other appurtenances owned and used by Licensee to
engage in the Communications Services.
This shall mean a publiC utility company, municipality or other person or
entity which has attachment privileges on any Pole.
This shall mean (a) Licensee; (b) any director, officer, agent, servant,
employee, contractor, supplier, licensee or concessionaire of Licensee; or
(c) any director, officer, agent, servant, employee of the independent
contractor, supplier, customer, advertiser, client, licensee or
concessionaire of Licensee or any Affiliate of it.
This shall mean COMPANY or Licensee; collectively COMPANY and
Licensee shall be referred to as "Parties."
This shall mean a written application in the form of Attachment A to this
Agreement as this same may be amended by COMPANY from time to
time.
This shall mean distribution poles located within Licensee's designated
boundaries and jurisdiction, each of which has a circuit with a nominal
voltage of less than 69,000 volts, which are owned solely by COMPANY;
such term does not mean or include, without limitation, poles owned by
COMPANY which are used for the transmission, rather than distribution,
of electric energy.
This shall mean (a) COMPANY; (b) any Affiliate of COMPANY; (c) any
director, officer, agent, servant, employee, independent contractor or
supplier of COMPANY or any Affiliate of it; or (d) any director, officer,
agent, servant or employee of the independent contractors and suppliers
of COMPANY or any Affiliate of it.
This shall mean any agent or contractor acting, at COMPANY's discretion,
for or on behalf of COMPANY or in furtherance of COMPANY's rights or
obligations, pursuant to or in connection with this Agreement.
The singular of a word shall also refer to the plural and visa versa, unless
the context otherwise requires.
Subject to the provisions of this Agreement, Licensee shall be permitted
to attach Equipment to, and thereafter. maintain, operate, replace,
relocate, repair, and modify Equipment on Poles, situated within
Licensee's designated boundaries and jurisdiction, solely for the purpose
of engaging in the Communication Services.
3
1.6 Equipment
1 .7 Joint User
1.8 Licensee Party
1.9 Party
1.10 Permit Application
1.11 Poles
1 .12 COMPANY Party
1.13 COMPANY
Representative(s)
1 .14 Singular and Plural
Words
SECTION 2.
COMPANY'S GRANT OF
PRIVILEGE TO LICENSEE TO
ATTACH, MAINTAIN,
REPLACE, RELOCATE,
REPAIR AND MODIFY
EQUIPMENT ON POLES
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
Licensee shall not attach Equipment on any COMPANY equipment or
facilities other than Poles, including, without limitation, any portion of
COMPANY's underground duct system, withoutCOMPANYspriorwritten
approval.
Licensee shall exercise its license under this Agreement solely for the
purposes specified above in this Section 2, and otherwise in accordance
with the terms of this Agreement. Licensee shall not lease or sublet the
Equipment, including, without limitation, dark fiber, to a third party or
otherwise allow a third party to use the Equipment.
No use, however extended, of Poles under this Agreement shall create or
vest in Licensee any ownership or property right in them, but Licensee's
rights in such Poles shall be and remain a mere license. Nothing in this
Agreement shall be construed to compel COMPANY to maintain any Pole
for any period of time.
Licensee represents and warrants that (a) it has obtained, or prior to any
construction or other work by Licensee by which it contacts COMPANYs
property it will obtain, all legally required licenses, waivers, consents,
approvals, easements, rights of way and permits needed to construct and
operate its Equipment and provide the Communications Services; (b) it
shall use its best efforts to maintain such licenses, waivers, consents,
approvals, easements, rights of way and permits in full force and effect
throughout the term of this Agreement; (c) it shall comply with such
licenses, waivers, consents, approvals, easements, rights of way and
permits in connection with its provision of Communications Services; and
(d) it shall promptly notify COMPANY in writing of any change in the status
of such licenses, waivers, consents, approvals, easements, rights of way
and permits. Upon COMPANYs request, Licensee shall promptly deliver
to COMPANY documentation satisfactory to COMPANY evidencing that
all such licenses, waivers, consents, approvals, easements, rights of way
and permits have been obtained.
COMPANY shall not be required to obtain any additional license, waiver,
consent, easement, right of way or permit in connection with the
performance of this Agreement; provided, however, upon Licensee's
request COMPANY may provide such assistance, as COMPANY deems
appropriate, to Licensee in obtaining any such license, waiver, consent,
easement, right of way or permit, that Licensee may need in order to
provide Service in the Service Area. Licensee shall reimburse COMPANY
for any expenses incurred by COMPANY in providing such assistance. All
costs of obtaining such additional licenses, waivers, consenls, easemenls,
rights of way or permits needed by Licensee will be borne by Licensee.
COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY
NATURE THAT ITS EXISTING OR FUTURE RIGHTS OF WAY,
EASEMENTS OR OTHER PROPERTY RIGHTS, PRIVATE OR PUBLIC,
WERE, ARE, OR WILL BE SUFFICIENT TO PERMIT THE
ATTACHMENT, MAINTENANCE, REPLACEMENT, RELOCATION,
REPAIR, MODIFICATION OR REMOVAL OF EQUIPMENT ON OR
BETWEEN ANY POLES. FURTHER, COMPANY MAKES NO
4
2.1 Poles to Which
License Applies
2.2 Use of Equipment
2.3 Licensee Has No Right to
Use Any Pole
SECTION 3.
LICENSES AND RIGHTS OF
WAY
3.1 Licensee's Required
Licenses and Rights of Way
3.2 Additional Consents,
Rights of Way or
Easement
3.3 NO WARRANTIES AS TO
COMPANY'S RIGHTS OF
WAY
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
REPRESENTATION OR WARRANTY OF ANY NATURE WITH
RESPECT TO THE CONDITION OR FITNESS FOR A PARTICULAR
PURPOSE OR USE OF ANY POLE OR POLES OR ANY OF ITS
OTHER REAL OR PERSONAL PROPERTY WHICH LICENSEE MAY
USE. LICENSEE CONFIRMS THAT IT HAS NOT IN THE PAST
RELIED, IT IS NOT PRESENTLY RELYING, AND IT WILL NOT IN THE
FUTURE RELY, ON ANY REPRESENTATION OR WARRANTY OF
COMPANY CONCERNING (A) COMPANY'S EXISTING OR FUTURE
RIGHTS OF WAY, EASEMENTS OR OTHER PROPERTY RIGHTS,
PUBLIC OR PRIVATE, OR (B) THE CONDITION OR FITNESS FOR A
PARTICULAR PURPOSE OR USE OF ANY POLE OR POLES OR ANY
OTHER REAL OR PERSONAL PROPERTY OR PROPERTY RIGHT OF
COMPANY.
SECTION 4.
ATTACHMENT,
REPLACEMENT,
RELOCATION AND
MODIFICATION OF
EQUIPMENT
Throughout the term of this Agreement, Licensee may designate a Pole 4.1 Permit Applications for the
or Poles, on which it desires to attach, replace, operate, relocate or Attachment, Replacement,
modify any Equipment. Each such designation shall be made by Relocation or Modification of
Licensee by submitting to COMPANY or a COMPANY Representative at Equipment
least thirty (30) days before the date when Licensee desires to begin such
work, a Permit Application, in such number, manner, and format as
prescribed by COMPANY from time to time, signed by an Authorized
Representative of Licensee and specifying, in the appropriate spaces
thereon, the type of work Licensee desires to perform, the Pole or Poles
on which such work is to be performed and drawings, data, and
specifications necessary to review and evaluate such Permit Application.
Each such Permit Application shall be accompanied by payment of the
applicable Preparation Costs as described in Section 4.1.1 and as
determined by COMPANY for the number of Poles Licensee wishes to
attach.
Each Permit Application submitted to COMPANY or a COMPANY
Representative will be accompanied by payment for the costs and
expenses estimated to be reasonably incurred by COMPANY or that
COMPANY Representative in reviewing and responding to that Permit
Application, including, without limitation, costs incurred in connection with
the inspection, design, construction, installation/removal, and related
processes pertaining to the proposed attachments (the "Preparation
Costs"). The Preparation Costs will be determined by COMPANY from
time to time and will be based on its average per Pole cost (as applicable)
for that type of work. Licensee will pay the Preparation Costs directly to
that entity, either COMPANY or a COMPANY Representative, to which the
Permit Application is submitted. Upon receipt of the Permit Application
and the Preparation Costs payment, COMPANY will commence the
Permit Application review process. COMPANY may, in its discretion,
permit Licensee to pay the Preparation Costs in phases (such as those
corresponding to engineering and construction work) in lieu of initially
paying the full amount of the Preparation Costs in advance.
5
4.1.1 Estimated Preparation
Costs to Accompany Permit
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
COMPANY may, upon advance written notice of at least thirty (30) days,
require Licensee to submit each Permit Application by means of, and
through the applicable formats and electronic procedures prescribed by,
the National Joint Utilities Notification System ("NJUNS"). In addition, to
the fullest extent available, COMPANY and Licensee will hereafter use
NJUNS formats and procedures to make any other notifications or
submittals required or contemplated by this Section 4, or by Sections 5.3,
6.1,6.2,6.3,6.5, or 7.1 of this Agreement. Licensee shall be responsble,
at its sole cost and expense, for obtaining the necessary resources and
capabilities to enable it to use NJUNS in the manner contemplated by this
Agreement.
COMPANY shall deny, approve or conditionally approve each Permit
Application for the attachment, replacement, relocation or modification of
Equipment by returning one copy of it to Licensee reflecting its denial,
approval or conditional approval in the appropriate spaces thereon. All
work on COMPANY poles will be performed in accordance with the
following safety and engineering standards: (a) the National Electrical
Code, (b) the National Electrical Safetv Code, (c) the rules and
regulations of the Occupational Safety & Health Administration ("OSHA"),
(d) other applicable laws or regulations of any governing authority, or
regulatory body, having jurisdiction over the subject matter of this
Agreement, or (e) COMPANY's standards and procedures applicable to
the Poles, portions of which are included as Attachments "C" through "J"
hereto, (which are reasonably in furtherance of and not expressly
inconsistent with the other engineering and safety standards referenced
above) (such engineering and safety standards, effective on the Effective
Date of this Agreement and as such may be hereafter amended from
time to time, hereinafter collectively referred to as the "Standards").
COMPANY shall, in connection with its review of a Permit Application and
upon reasonable notice and request, provide Licensee with access to
COMPANY's standards and procedures, as may be relevant and
applicable to COMPANY's denial or conditional approval of such Permit
Application.
COMPANY may approve a Permit Application for the attachment,
replacement, operation, relocation or modification of Equipment on the
condition that Licensee modify the application. In such event, COMPANY
or a COMPANY Representative shall return one copy of the Permit
Application to Licensee reflecting such conditional approval and detailing
the required modifications in the appropriate spaces thereon. If Licensee
is willing to accept COMPANY's modifications to the Permit Application,
Licensee shall return that copy of the Permit Application to COMPANY,
within thirty (30) days of its receipt, signed by an appropriate Authorized
Representative and reflecting Licensee's acceptance of the modifications
in the appropriate spaces thereon. Upon its receipt by COMPANY the
Permit Application, as modified, shall be deemed approved. Sections
4.2.2 and 4.2.3 are specific examples of situations in which COMPANY
may conditionally approve a Permit Application for the attachment,
replacement, relocation or modification of Equipment. Those sections
shall not be construed as limiting COMPANY's right to conditionally
approve Permit Applications in other situations or to impose other or
additional conditions in the future.
If approval of a Permit Application for the attachment, replacement,
6
4.1.2 COMPANY May
Require Use of
"NJUNS"
4.2 COMPANY's Response to
Permit Applications
4.2.1 Approval Conditioned
Upon Modifications to Permit
Application
4.2.2 Approval Conditioned
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
relocation or modification of Equipment will require a modification or
rearrangement of the attachments of COMPANY, any COMPANY Party,
or a Joint User on any Pole, COMPANY may, approve the Permit
Application on the condition that Licensee agrees to assume all risks and
costs associated with such modification or rearrangement. In such event,
COMPANY or a COMPANY Representative shall return one copy of the
Permit Application to Licensee reflecting such conditional approval and
detailing the attachments that must be modified or rearranged and the
estimated cost of making the modifications and rearrangement in the
appropriate spaces thereon. If Licensee is willing to assume all risks and
costs associated with such modification or rearrangement, Licensee shall
return that copy of the Permit Application to COMPANY, within thirty (30)
days of its receipt, signed by an appropriate Authorized Representative
and reflecting its acceptance of such risks and costs in the appropriate
spaces thereon. The copy of the Permit Application shall be
accompanied by payment of the amount of the estimated cost of making
such modification or rearrangement. Upon receipt by COMPANY, of the
modified Permit Application and accompanying payment, the Permit
Application, as modified, shall be deemed approved.
If approval of a Permit Application for the attachment, replacement,
relocation or modification of Equipment will require the replacement of
one or more Poles to accommodate the attachments of Licensee, any
COMPANY Party, and any Joint Users, COMPANY may approve the
Permit Application on the condition that Licensee agrees to assume all
risks and costs associated with the replacement of the existing Poles with
new poles sufficient to accommodate the attachments of Licensee, any
COMPANY Party, and any Joint Users. In such event, COMPANY shall
return a copy of the Permit Application to Licensee reflecting such
conditional approval and specifying the conditions for approval in the
appropriate spaces thereon. If Licensee is willing to assume all risks and
costs associated with such replacement, Licensee shall return that copy
of the Permit Application to COMPANY, within thirty (30) days of its
receipt, signed by an appropriate Authorized Representative and
reflecting Licensee's acceptance of such risks and costs in the
appropriate spaces thereon. The copy of the Permit Application shall be
accompanied by payment of the amount of the estimated cost of making
such replacement. Upon receipt by COMPANY of the modified Permit
Application and accompanying payment, the Permit Application, as
modified, shall be deemed approved. Upon request, COMPANY will
provide to Licensee documentation reasonably necessary to provide an
accounting of all costs associated with the replacement of a Pole.
7
Upon Payment of Expenses to
Modify or Rearrange Existing
Attachments
4.2.3 Approval Conditional
Upon Payment of the Costs of
Replacing Poles
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
If COMPANY conditionally approves a Permit Application applicable to a
Pole, pursuant to the provisions of Sections 4.2.2 or 4.2.3, and ator about
the same time COMPANY approves a request of a third party for use of
such Pole, requiring that such Pole be replaced, or that attachments
thereon be modified or rearranged to provide additional space to provide
room for the attachments of any COMPANY Party, Licensee and the third
party, COMPANY shall prorate between Licensee and the third party the
cost of such modification, rearrangement or replacement. COMPANY
shall notify Licensee of such proration and such modification,
rearrangement or replacement shall take place as provided for in
Sections 4.2.2 or 4.2.3.
Licensee shall limit its submission of Permit Applications for the
attachment, replacement, relocation or modification of Equipment to
COMPANY so as to allow COMPANY to respond to them in an orderly
and timely fashion. In particular, and except as may be otherwise
expressly agreed to by COMPANY, Licensee shall, within any thirty (30)
day period, submit no more than ten (10) Permit Applications, collectively
requesting a total of no more than one hundred twenty (120) attachments
on the Poles. COMPANY shall use reasonable efforts to respond to each
Permit Application within thirty (30) days of its submission. If Licensee
submits more than one such Permit Application at the same time or
submits additional such Permit Applications during the pendency of
another such Permit Application, Licensee shall designate, in writing, an
order of priority for their review by COMPANY. In the absence of such a
designation, COMPANY shall review them in the order of their
submission.
Licensee may, with COMPANY's prior express, written consent, submit
Permit Applications which exceed the quantity limitations specified above,
for either Permit Applications or attachments. COMPANY shall not
unreasonably withhold its consent to such submittals, provided that the
parties shall first agree to a reasonable period of time, in excess of thirty
(30) days, during which COMPANY may review and respond to such
submittals.
If Licensee desires to locate Equipment on any right of way, easement or
other property right of COMPANY on which no Poles or an insufficient
number of Poles are located for Licensee's purposes, Licensee shall so
notify COMPANY. The Parties, within a reasonable time after the receipt
of such notice, shall commence good faith negotiations to determine the
location of poles that will meet the present or anticipated future service
requirements of both COMPANY and Licensee. At its option, COMPANY
may construct the necessary poles, and Licensee shall pay all of the
costs associated with their construction. Notwithstanding such payment,
such poles shall be owned by COMPANY and Licensee shall not acquire
any ownership or property interest in them.
Except as otherwise expressly provided for in this Agreement, Licensee
shall not attach, replace, relocate or modify Equipment on any Pole until
after the Permit Application for such work has been approved and all
engineering, and make-ready construction work has been performed.
8
4.2.4 Proration of Cost of
Replacing Poles or Modifying
or Rearranging Attachments
4.3 Number and Priority of
Permit Applications; Time to
Respond
4.4 Location of Equipment on
COMPANY Right of Way That
Has Insufficient Poles
4.5 Approval of a Permit
Application Required
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
Except as permitted by Sections 4.1,4.8 and 7.1, in the event Licensee
attaches, replaces, relocates or modifies Equipment on any Pole without
first obtaining COMPANY's approval of a Permit Application for such
work, Licensee shall pay COMPANY as a processing charge, upon
receipt of an invoice therefore and in addition to any unpaid rental due for
such Equipment and any other expenses or costs incurred by COMPANY
on account of such work, $25 for each such attachment, replacement,
relocation or modification. In the event that the time of any unauthorized
work cannot be determined, it shall be deemed to have occurred on the
date succeeding the day on which the last joint physical inspection was
made in accordance with Section 10.6. Upon notice from COMPANY,
Licensee, at its sole risk and expense, shall remove, replace, relocate or
modify all or any portion of such Equipment within the time period
specified in the notice. Licensee shall notify COMPANY of the
performance of such work within fifteen (15) days of its completion. If
Licensee fails to perform such work within the period specified in the
notice, COMPANY may, without notice or demand to Licensee, and at the
sole risk and expense of Licensee, either perform all or any portion of
such work or remove all or any portion of the Equipment from that Pole.
After the approval of a Permit Application for the attachment,
replacement, relocation or modification of Equipment and the completion
of all work applicable to that Permit Application (including work for which
any Preparation Costs were paid and other engineering or make-ready
work), Licensee, at its sole risk and expense, may, consistent with that
approval, attach, replace, relocate or modify the Equipment identified in
the Permit Application on the Poles specified in it during a period of one
hundred eighty (180) days from the date of its approval, but not thereafter
unless a new Permit Application is submitted to, and approved by,
COMPANY pursuant to the procedures described in this Section 4.
Upon written notice from COMPANY, Licensee, at its sole risk and
expense and within the period specified in the notice, shall replace,
relocate or modify all or any portion of the Equipment on a Pole that
COMPANY requests in such notice. Licensee, in the exercise of its sole
discretion and in accordance with the provisions of Sections 6.1 , 6.5 and
8, may remove all of the Equipment on the Pole, within the time period
specified in the notice, instead of performing such work and provided that
such removal does not create a safety hazard. Licensee may perform
such work without prior notice to COMPANY and without first submitting a
Permit Application to COMPANY or its designated agent; however,
Licensee shall notify COMPANY of the performance of such work within
fifteen (15) days of its completion. If Licensee fails to perform such work
within the period specified in the notice, COMPANY may, without notice or
demand to Licensee and at the sole risk and expense of Licensee, either
perform all or any portion of such work or remove all or any portion of the
Equipment from that Pole.
Licensee shall notify COMPANY thirty (30) days before it begins any work
authorized by a Permit Application approved by COMPANY pursuant to
the procedures prescribed by this Section 4. COMPANY may have a
representative present during all or any portion of such work. Licensee
shall notify COMPANY of the attachment, replacement, relocation or
modification of Equipment on any Pole within fifteen (15) days of the
9
4.6 Unauthorized Work
4.7 Time to Complete
Work After Approval of a
Permit Application
4.8 Relocation, Replacement
or Modification of Equipment at
COMPANY's Request
4.9 Notice to COMPANY
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
completion of such work. The notice shall identify the nature of the work
and the Equipment and Poles involved. COMPANY may inspect all or
any portion of such work at any time after its completion, for the purpose
of: (a) initially evaluating the work, to determine if it was performed in
accordance with the Permit Application; and (b) subsequently evaluating
any follow-up or "punch list" work performed by Licensee, reasonably
determined to be necessary during the initial evaluation. Licensee shall
reimburse COMPANY or COMPANY Representatives for all expenses
incurred by COMPANY or COMPANY Representatives in connection with
such entities' presence at or inspection of such work, as described herein.
This Agreement shall govern all Equipment Licensee attaches, replaces,
relocates or modifies.
Licensee shall not attach any (a) Equipment to any guy wires or anchor
rods or (b) cross-arms or brackets to any Pole. In addition, when making
attachments to any non-wood poles, Licensee shall comply with any
applicable specialized attachment methods, as prescribed in the
Standards or otherwise specified by COMPANY.
At such time as any Equipment is attached to a Pole, Licensee shall
attach or otherwise securely affix to that Equipment an identification tag.
The identification tag and required attachment hardware, as specified by
COMPANY, shall be provided by the Licensee. Licensee shall not attach
any other identification tag to its Equipment, attached to any Pole without
the prior written consent of COMPANY's Authorized Representative. As
part of its routine and periodic maintenance of its Equipment, and
throughout the term of this Agreement, Licensee will ensure that the
identification tags remain securely attached or otherwise affixed to that
Equipment, including any Equipment which may have been previously
attached to a Pole without an identification tag. In the event that Licensee
determines that any of its Equipment, attached to any Pole. is no longer
tagged, Licensee shall thereafter promptly attach to that Equipment any
replacement identification tag specified by COMPANY. In addition, if
COMPANY requires the Licensee to provide a new or modified form of
identification tag, Licensee will promptly remove existing identification tags
from its Equipment, and attach to that Equipment the new or modified
identification tags as specified by COMPANY. At such time as this
Agreement is terminated or Licensee removes any of its Equipmentfrom
the Poles (other than for the purpose of reattaching that Equipment to
other Poles), Licensee shall promptly notify COMPANY that all
identification tags previously attached to or used for the affected
Equipment have been removed.
4.10 Guy Wires, Anchor Rods,
Cross-arms and Brackets/Non
Wood Poles
4.11 Identification of
Licensee's Equipment
SECTION 5.
MAINTENANCE AND REPAIR
OF EQUIPMENT
Licensee shall, at its sole risk and expense, maintain all Equipment on 5.1 Maintenance of Equipment
Poles in a safe condition and in thorough repair. Licensee may perform
maintenance and repair work without giving prior notice to, or obtaining
the prior approval of, COMPANY. If Licensee fails to maintain any such
Equipment in a condition satisfactory to COMPANY, COMPANY, in the
exercise of its sole discretion, without notice or demand to Licensee and
at the sole risk and expense of Licensee, may perform such repairs or
10
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
maintenance that it deems necessary. Licensee's right to maintain and
repair its Equipment, as provided for in this Section 5.1 , shall not extend to
or include the attachment or other positioning of new Equipment, or
facilities to upgrade or increase the capacity of Equipment already
attached to Poles.
Licensee, at its sole risk and expense, shall perform all tree trimming
required by Equipment being situated on Poles. Licensee may perform
tree trimming without giving prior notice to, or obtaining the prior approval
of, COMPANY. If Licensee fails to perform tree trimming in a manner
satisfactory to COMPANY, COMPANY, in the exercise of its sole
discretion, without notice or demand to Licensee and at the sole risk and
expense of Licensee, may perform any tree trimming that it deems
necessary.
COMPANY, at Licensee's sole risk and expense, may inspect all or any
portion of the Equipment on any Pole, at any time and for any reason.
Upon notice from COMPANY, Licensee, at its sole risk and expense and
within the period specified in the notice, shall perform any repair or
maintenance work relating to the Equipment on any Pole specified in
such notice. Licensee shall notify COMPANY ofthe performance of such
work within fifteen (15) days of its completion. If Licensee fails to perform
such work, COMPANY without notice or demand to Licensee and at the
sole risk and expense of Licensee, may either perform all or any portion
of such work or remove all or any portion of the Equipment from that
Pole.
Licensee, in the exercise of its sole discretion, may remove any
Equipment on any Pole, without prior notice to, or the prior approval of,
COMPANY. If COMPANY believes that such removal creates a safety
hazard, Licensee, upon notice from COMPANY and at its sole risk and
expense, shall replace such Equipment or perform any other corrective
action specified by COMPANY in such notice within the time period
specified therein. Licensee shall notify COMPANY of the performance of
such work within fifteen (15) days of its completion. If Licensee fails to
perform such work within the period specified in the notice, COMPANY, in
the exercise of its sole discretion, without notice or demand to Licensee
and at the sole risk and expense of Licensee, may perform all or any
portion of such work.
Upon notice from COMPANY, Licensee shall, at its sole risk and expense,
remove all of the Equipment on any Pole, which COMPANY is
abandoning, or otherwise discontinuing its use of for purposes of
providing electric utility service (including, without limitation,
discontinuance due to the utility being required to relocate its facilities to
underground locations). Licensee shall remove all such Equipmentwithin
sixty (60) days of receiving such notice.
In the event COMPANY contracts to sell or sells a Pole on which
Equipment is attached, COMPANY shall notify Licensee of such fact.
11
5.2 Tree Trimming
5.3 Inspection of Equipment by
COMPANY
SECTION 6.
REMOVAL OF EQUIPMENT
6.1 Voluntary Removal of
Equipment by Licensee
6.2 Removal of Equipment
Upon Abandonment of Pole, or
Discontinuance of Utility
Service
6.3 Removal when COMPANY
Sells a Pole
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
Unless Licensee obtains the permission of the new owner of the Pole to
maintain its Equipment on the Pole, Licensee, at its sole risk ancl expense,
shall remove the Equipment on it within the time period specified in such
notice.
Licensee, at its sole risk and expense, shall remove all of the Equipment
on all Poles within sixty (60) days of the termination of this Agreement.
Whenever Licensee removes any Equipment from a Pole, it shall submit
to COMPANY, within fifteen (15) days thereafter, a Permit Application, in
such number and manner as prescribed by COMPANY from time to time,
signed by an appropriate Authorized Representative ancl identifying, in the
appropriate spaces thereon, the Equipment removed and the Pole from
which it was removed.
In the event Licensee fails to remove all or any portion of the Equipment
on any Pole within the time period required by the pertinent provision of
this Section 6 or Section 12.4, COMPANY, without notice or demand to
Licensee, may remove such Equipment. Such removal shall be at the
sole risk and expense of Licensee and Licensee shall pay COMPANY,
upon receipt of an invoice therefore and in addition to any expenses
incurred by it in connection with such removal, as a processing charge,
$25 for each Pole from which Equipment is removed.
In the event of an emergency, Licensee, at its sole risk and expense, shall
have the right to attach, replace, relocate or modify Equipment on any
Pole without first obtaining COMPANY's approval of a Permit Application
for such work; provided, however, that before performing such work, an
appropriate Authorized Representative shall obtain the oral approval of an
Authorized Representative of COMPANY, and provided further, however,
that such work is performed within the time period and under such
conditions as may be specified by such Authorized Representative of
COMPANY. Any such oral approval shall be confirmed, within five (5)
days of the performance of the work, by Licensee to COMPANY in writing,
identifying both the work performed and the Poles affected. If such
emergency attachment, replacement, relocation or modification is not
acceptable to COMPANY, for any reason, Licensee, at its sole risk and
expense, shall remove, replace. relocate or modify all or any portion of
such Equipment upon notice from COMPANY and within the time period
specified in the notice. Licensee shall notify COMPANY of the
performance of such work within fifteen (15) days of its completion. If
Licensee fails to perform such work, COMPANY without notice or
demand to Licensee and at the sole risk and expense of Licensee, may
either perform all or any portion of such work or remove the Equipment
from the Pole.
In the event of an emergency, COMPANY, without prior notice to Licensee
and at Licensee's sole risk and expense, may permanently or temporarily
replace, relocate, modify, remove or perform any other work in
connection with the Equipment on any Pole. In such event, COMPANY
shall notify Licensee of both the work performed and the Pole affected by
such work within a reasonable time after its performance.
12
6.4 Removal Upon
Termination of this Agreement
6.5 Submission of a Permit
Application After the Removal
of Equipment on a Pole
6.6 Licensee's Failure to
Timely Remove Equipment
SECTION 7.
EMERGENCIES
7.1 Licensee's Rights in an
Emergency
7.2 COMPANY's Rights in an
Emergency
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
Licensee agrees that it will not, directly or indirectly, create, incur, assume
or suffer to exist any lien on the Equipment attached to any Pole or any
property, real or personal, owned or controlled by an COMPANY Party,
whether mechanics, materialman or other, resulting from any work
performed pursuant to this Agreement or any act or claim against it, and
will, at its sole expense, promptly take any action as may be necessary to
discharge any such lien.
All work performed by any Licensee Party pursuant to this Agreement
shall be conducted in a safe, good and workmanlike manner and shall
not interfere with the use of any equipment of any COMPANY Party or
any Joint User.
This Agreement, if not terminated early in accordance with the provisions
of Section 12, shall continue in effect for a term of one (1) year and
thereafter until terminated as provided herein. This Agreement may be
terminated in its entirety or with respect to anyone or more of the Poles,
or with respect to one or more designated areas within which Poles are
located, at the end of the initial one-year term, or at any time thereafter,
by either Party giving to the other Party at least sixty (60) days' written
notice.
In each calendar year during the term of this Agreement, Licensee shall
make an advance rental payment to COMPANY. During the month of
January of each year, COMPANY shall submit to Licensee an invoice
designating the advance rental payment due for that year. The invoice
shall be paid in accordance with the provisions of Sections 10.9 and
10.10.
The advance rental payment shall be equal to the rental payment
specified in Section 10.3 times the sum of the individual Equipment
attachments, on Poles on which Equipment is attached on January 1 of
the calendar year for which the advance rental payment is being paid, as
determined from the perpetual inventories maintained by the Parties
pursuant to Section 10.6.
The rental rate for each attachment of Equipment onto a Pole shall be in
the amount specified in Attachment "L"
In January of each year, the rental rate will be adjusted by the amount of
any increase in the Consumer Price Index (published by the Bureau of
Labor Statistics of the U.S. Department of Labor), for the twelve month
period ending September 30 of the year immediately preceding the year
with respect to which the rate adjustment is being made.
13
SECTION 8.
DISCHARGE OF LIENS;
PERFORMANCE OF WORK
8.1 Discharge of Liens
8.2 Licensee's Performance of
Work
SECTION 9.
TERM
SECTION 1 O.
RENTAL AND OTHER
PAYMENTS
10.1 Advance Rental Payment
10.2 Computation of the
Advance Rental Payment
10.3 Rental Rate
10.4 Adjustments to Rental
Rate
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
The advance rental payment specified in Section 10.1 shall be adjusted
for all additional Poles to which Equipment is attached during any
calendar year. After each calendar year of this Agreement, COMPANY
shall determine, according to the perpetual inventories specified in
Section 10.6, all Poles to which Equipment was attached during that
calendar year. Licensee shall make payments to COMPANY so that the
effective rental rate hereunder in each calendar year shall at all times be
that which is reflective of attachments of Equipment to Poles at any time
during such calendar year. If any additional attachments of Equipment
are made during a calendar year, COMPANY shall send Licensee an
invoice for the difference between (x) the rental payment indicated to be
payable hereunder as a result of the Poles and Equipment attachments
existing or determined as of January 1 of the calendar year (according to
the perpetual inventories specified in Section 1 0.6) ~ such additional
Poles and Equipment attachments and (y) the advance rental payment
previously paid, which invoice shall be payable as specified in Section
10.9. The advance rental payment specified in Sections 10.1 and 10.2
shall not, however, be adjusted during any calendar year on account of
Licensee's replacement, removal, relocation or modification of Equipment
on any Pole during that year.
COMPANY shall maintain a perpetual compilation of the Permit
Applications and notices submitted to it pursuant to Sections 4 and 6.
Licensee and COMPANY jointly shall maintain perpetual inventories of
the Equipment attachments on Poles and the Poles on which Equipment
is attached. Such inventories shall be based upon the joint physical
inspections specified in this Section 10.6 and the compilation of Permit
Applications and notices required by this Section 10.6. The parties will
conduct or will cause to have conducted a physical inspection of the
Equipment attached to Poles, and the Poles to which such Equipment is
attached, every five (5) years at a time designated by COMPANY. Such
inspection will be conducted either: (a) by joint physical inspection,
utilizing both Licensee and COMPANY employees, or (b) when
COMPANY or Licensee employees are not available to perform the
inspection, by a contractor hired by COMPANY. When a contractor is to
be utilized, Licensee may require that a bid process be used to determine
the lowest price available. COMPANY shall have no obligation to use the
contractor submitting the lowest bid to perform the inspection, but shall
select the contractor who, in COMPANY's reasonable judgment, can best
perform the inspection on a cost-effective basis. Licensee may attend the
"pre-bid" meeting, conducted by COMPANY for contractors wishing to bid
to perform the inspection, and may view the bids after they are submitted.
During the inspection, COMPANY will, from time to time, review the
contractor's work to assess whether the inspection is being performed
accurately. Licensee will be charged for and shall pay all costs for, or
incurred in connection with, the audit, regardless of the method utilized.
Such costs will include, but are not limited to, contractor charges,
COMPANY employee costs, transportation costs, and any miscellaneous
charges necessary for conducting the audit. All COMPANY costs will be
determined as indicated in section 11.1 through 11 .7 of this Agreement.
Such inspections shall not operate to relieve Licensee of any
responsibility, obligation or liability provided for under this Agreement.
14
10.5 Adjustment to the
Advance Rental Payment
10.6 Compilation of Permit
Applications and Notices;
Perpetual Inventories; Joint
Physical Inspection
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
Each Party shall have reasonable access to those portions of the other
party's books and records, as may be necessary to resolve a material
issue or concern regarding the other party's compliance with its
obligations under this Agreement. Such access will be granted upon
reasonable notice and only during regular business hours.
Licensee acknowledges that COMPANY may, in its discretion, contract
with or otherwise arrange for one or more COMPANY Representatives to
act for or on behalf of COMPANY, or in furtherance of COMPANY's rights,
pursuant to or in connection with this Agreement. Licensee agrees that
COMPANY Representatives may invoice Licensee for all costs and
expenses incurred by them in furtherance of such actions. Further,
Licensee agrees that COMPANY Representatives shall be third party
beneficiaries to the extent necessary for them to enforce Licensee's
payment obligations hereunder or under the bond to be posted by
Licensee pursuant to Section 14.8. COMPANY Representatives shall
invoice Licensee for all costs and expenses incurred by them, pursuant,
but not limited, to Sections 3.2,4.2,4.2.2,4.2.3,4.4,4.6,4.8,4.9,5.1,5.2,
5.3, 6.1, 6.6, 7.1, 7.2 and 10.6, from time to time.
Licensee shall pay each invoice submitted to it by COMPANY or
COMPANY Representatives within thirty (30) days of its receipt of such
and will remit to the address as indicated on each invoice, as COMPANY
or COMPANY Representatives shall designate from time to time. Any
portion of an invoice not paid when due shall bear interest at a rate of 1 %
per month or the maximum rate allowed by law, whichever is less, unless
such amount is disputed and is paid into escrow pursuant to Section
10.10 of this Agreement.
Unless otherwise agreed to by the Parties, whenever Licensee in good
faith disputes a payment, it shall deposit the amount in dispute in an
interest bearing escrow account acceptable to COMPANY within the time
period provided by Section 10.9. Any amount so deposited shall remain
in such escrow account until the dispute is resolved. Upon resolution of
the dispute, the interest earned on amounts invested shall be paid to the
Party determined to be entitled to the amount in the escrow account.
Where, at any time, conditions arise such that it is determined that the
actual costs incurred by COMPANY or COMPANY Representatives, in
connection with the inspection, design, construction, and related
processes pertaining to an approved Permit Application, will exceed the
Preparation Costs previously paid for such work, COMPANY or that
COMPANY Representative may invoice Licensee for that estimated cost
exceedance before completion of said work, and Licensee shall pay the
estimated increase in cost within thirty (30) days.
Within sixty (60) days from the completion, whether by COMPANY or an
COMPANY Representative, of the work described in the preceding
paragraph, for which Licensee has previously paid Preparation Costs,
COMPANY shall, if the actual costs reasonably incurred in completing
such work differed from the Preparation Costs, either:
a) invoice Licensee for all actual costs in excess of the
Preparation Costs paid by Licensee; or,
b) provide Licensee with a refund or credit for actual costs less
than the Preparation Costs.
15
10.7 Inspection of Books and
Records
10.8 Licensee's
Payment of Costs and
Expenses Incurred by
COMPANY or COMPANY
Representatives
10.9 Payment of Invoices
10.10 Disputed Invoices or
Adjustments
10.11 Adjustments
to Estimated Payments
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
The actual and estimated costs and expenses (including Preparation
Costs) which Licensee is required to pay COMPANY or COMPANY
Representatives pursuant to, but not limited to, Sections 3.2, 4.2, 4.2.2,
4.2.3, 4.4, 4.6, 4.8, 4.9, 5.1, 5.2, 5.3, 6.1, 6.6, 7.1, 7.2 and 10.6 shall be
the sum of the costs set forth in Sections 11.2 to 11.8, as applicable:
COMPANY's or COMPANY Representatives' actual cost of materials,
whether purchased expressly for any work performed under this
Agreement or taken from stores, at the store issued or purchase order
price thereof to COMPANY, including freight, insurance and taxes
(including sales, use, excise and other taxes that attach to or are
measured by the value or cost of the items, but excluding taxes which are
included in the purchasing and stores expense as set for in Section 11.5
and excluding taxes, to the extent provided by law, that do not have to be
paid by reason of Licensee's exempt status) plus any expenses incurred
for storage, special transportation and handling; and
The costs incurred by COMPANY for work or materials supplied by
contractors of COMPANY; and
The costs to COMPANY or COMPANY Representatives for labor and
work performed by their respective employees and the cost of all wages
and salaries, including overtime pay and premiums, paid to all such
employees, including foremen, supervisors and inspectors, and including
engineering, technical support and construction services personnel
(including costs of engineering, technical support and construction
services provided to COMPANY by outside concerns), including travel
time, plus employees' expenses such as travel expenses, and labor-
related expenses consisting of payroll burden for additional personnel
costs such as social security contributions, unemployment and payroll
taxes, retirement benefits, hospitalization and life insurance benefits, sick
leave, vacation pay and other fringe benefits (said labor-related expenses
being determined in the same manner as used by COMPANY for its own
accounting purposes, it being understood that such labor-related
expenses are recalculated periodically and, therefore, the percentages
may vary from time to time); and
A percentage charge applied to the costs of materials to cover
COMPANY's or an COMPANY Representative's cost of supervision,
labor and expenses incurred in operation and maintenance of its
storeroom and purchasing offices to be determined in the same manner
as applied by COMPANY to its material costs to determine the costs of its
new construction, which charge included Texas state and local taxes (it
being understood that such percentage charge is redetermined
periodically in accordance with COMPANY's established accounting
procedures using the uniform system of accounts prescribed by the
Federal Energy Regulatory Commission and, therefore, may vary from
time to time); and
16
SECTION 11.
COSTS AND EXPENSES
11.1 Costs and Expenses
11.2 Costs of Materials
11.3 Costs of Contractors
11.4 Costs of COMPANY
Labor
11.5 Purchasing and Stores
Expense
S 0473460 C
DISTRIBUTION POLE LICENSE AGREEMENT
The costs of transportation of equipment used in connection with work 11.6 Transportation Costs
performed in connection with this Agreement to be priced at the cost per
mile and/or per hour, dependent upon the type of equipment being used,
in accordance with the rates COMPANY or its designated agent charges
for such use or its own accounting purposes (it being understood that the
per mile and/or per hour rate is recalculated periodically and, therefore,
the rates may vary from time to time); and
The actual expenditures incurred by COMPANY or COMPANY 11.7 Miscellaneous Expense
Representatives which are not included in Sections 11.2 through 11.7;
examples of such costs include, without limitation, engineering consultant
expenses, crew lodging and travel
expenses, laboratory tests and equipment rental including charges for
use of COMPANY's major tools and major equipment; and
A percentage charge to recover COMPANY's other applicable costs and 11.8 Overhead
overhead, including taxes (other than federal income taxes) and
assessments not included in Sections 11.2 through 11.8, which
percentage shall be the same as applied by COMPANY to determine its
costs of its new construction (it being understood that such percentage
charge is redetermined periodically in accordance with COMPANY's
established accounting procedures using the uniform system of accounts
prescribed by the Federal Energy Regulatory Commission and, therefore,
may vary from time to time).
SECTION 12.
DEFAULT AND
TERMINATION
If Licensee: 12.1 Default by Licensee
1 . fails to pay fully or to deposit in escrow all monies due COMPANY or
COMPANY Representatives on the date that the payment is due,
pursuant to the provisions of Sections 10.1 and 10.7 through 10.9,
and such failure shall continue, in whole or in part, for a period of
more than thirty (30) days; or
2. fails to comply with any term, condition or covenant of this
Agreement, other than any provision providing for the payment of
monies due COMPANY or COMPANY Representatives, and such
failure remains uncured for a period of thirty (30) days following
Licensee's receipt of written notice of the kind, character and nature
of the failure by Licensee, or if such non-compliance cannot
reasonably be cured within thirty (30) days of such notice, Licensee
shall have not commenced to cure and satisfy the failure within thirty
(30) days and shall not thereafter proceed to cure such failure with
reasonable diligence and good faith;
then in any such event, COMPANY, may pursue one or more of the
following remedies, and COMPANY's agents or contractors may pursue
one or more of the remedies contained in subsection C below, without
any notice or demand whatsoever to Licensee:
A. Cancel and terminate this Agreement in its entirety, or with
respect to one or more designated areas in which Licensee has
attached its Equipment to the Poles, or with respect to anyone or
17
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
more of the Poles; or
B. Revoke Licensee's permission to use any Poles involved in
such default or non-compliance; or
C. Institute suit or other adjudicatory proceedings.
Licensee shall pay all of the costs and expenses, including, without
limitation, reasonable attorneys' fees, incurred by COMPANY or
COMPANY Representatives by reason of the foregoing events of default
and in seeking any remedy for, or relief from, them. COMPANY's, or
COMPANY Representatives', pursuit of any of the respective remedies
available to them in this Section 12.1 shall not preclude COMPANY or
COMPANY Representatives from pursuing any other remedies provided
in this Agreement or otherwise provided by law, nor shall COMPANY's, or
COMPANY Representatives', pursuit of any remedy provided in this
Agreement constitute a forfeiture or waiver of any payment of monies due
to COMPANY or COMPANY Representatives under this Agreement or of
any damages accruing to COMPANY or COMPANY Representatives by
reason of Licensee's failure to comply with any of the terms, conditions or
covenants of this Agreement.
If COMPANY fails to comply with any term, condition or covenant of this
Agreement and if (a) such non-compliance remains uncured for a period
of thirty (30) days following COMPANY's receipt of written notice from
Licensee of the kind, character and nature of the non-compliance or (b)
such non-compliance cannot reasonably be cured within thirty (30) days
of such notice and COMPANY shall have not commenced to cure and
satisfy the non-compliance within thirty (30) days and shall not thereafter
proceed to cure such non-compliance with reasonable diligence and
good faith, then Licensee's sole remedies shall be a suit for specific
performance or the termination and cancellation of this Agreement and
for Licensee's reasonable attorneys' fees (in the event Licensee is the
prevailing party in such litigation).
Upon the termination or cancellation of this Agreement, in whole or in
part, for any reason (a) COMPANY and COMPANY Representatives shall
have no obligation to refund any monies paid by Licensee; (b) Licensee
shall pay all monies owed to COMPANY or COMPANY Representatives
under this Agreement in accordance with the provisions of Section 10;
and (c) all applicable provisions of this Agreement including, without
limitation, this Section 12, shall survive such termination.
In the event any license, permit, waiver, consent or easement held by
Licensee, allowing Licensee to provide the Communications Services, is
revoked, or is hereafter denied to Licensee for any reason, in whole or in
part, Licensee's rights under this Agreement shall immediately terminate
to such extent, and Licensee shall within thirty (30) days remove such
Equipment from Poles as may be required to comply with revocation or
denial of authority. In such an event, COMPANY, at its option, may
terminate this Agreement in its entirety.
18
12.2 Default by COMPANY
12.3 Survival
12.4 Termination Upon
Licensee's Loss of Required
Approvals
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
(a) To the extent allowed by Texas law, Licensee agrees to and shall
protect, indemnify, and hold harmless each and every COMPANY Party
and, at COMPANYs option, and as and to the extent COMPANY
determines to be appropriate, shall defend each and every COMPANY
Party, from and against all Claims of every kind and character
whatsoever, including without limitation, for bodily injury, death, property
damage, or the interruption or loss of any data or information transmitted,
arising out of or incident to or related to the installation, maintenance,
operation, presence, use, alteration, replacement, relocation or removal
of the Equipment. IT IS THE EXPRESS INTENT OF THE PARTIES
THAT, FOR THE PURPOSES OF THIS SECTION 13.1(A), CLAIMS
SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS ARISING OUT
OF OR RESULTING FROM COMPANY PARTIES' SOLE OR
CONCURRENT (1) NEGLIGENCE, (2) STRICT LIABILITY, OR
(3) OTHER FAULT OF ANY NATURE; PROVIDED, HOWEVER, THAT,
IN THE EVENT THAT A FINDING AS TO THE COMPARATIVE FAULT
OR RESPONSIBILITY OF COMPANY PARTIES AND LICENSEE IS
MADE OR ENTERED BY A COURT, LICENSEE SHALL ONLY BE
OBLIGATED TO INDEMNIFY COMPANY PARTIES AS TO THAT
PERCENTAGE OR PORTION OF FAULT OR RESPONSIBILITY
ATTRIBUTABLE TO LICENSEE.
(b) To the extent necessary to permit COMPANY Parties to enforce the
indemnity obligations provided for in Section 13.1 (a), Licensee agrees
that, with respect to any claims, it shall and does, to the fullest extent
legally permissible, hereby waive as to COMPANY Parties any and all
defenses, limitations of liability, or other protections it may have or claim
pursuant to the laws of the State of Texas, including, without limitation,
those provided for in the Texas Tort Claims Act (Chapter 101 of the Texas
Civil Practice and Remedies Code), and the Texas Workers'
Compensation Act (Chapter 401 of the Texas Labor Code).
19
SECTION 13.
INDEMNIFICATION
CONSEQUENTIAL DAMAGES
AND DECEPTIVE TRADE
PRACTICES-CONSUMER
PROTECTION ACT
13.1 Licensee's Obligation of
Indemnity
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
(c) The parties acknowledge and agree that, within their lawful and
reasonable contemplation, all payments which may be made by
Licensee, pursuant to its indemnity obligations or other potential liabilities
under this Agreement, can and will reasonably be paid and satisfied from
some fund in the immediate control of Licensee, readily available for the
purpose of satisfying and paying such indemnity obligations and other
potential liabilities. Nevertheless, in the event any such indemnity
obligation or potential liability accrues and becomes ascertainable in
amount and, further, if the amount of such indemnity obligation or liability
exceeds the funds then available to Licensee to satisfy such indemnity
obligation or liability, Licensee agrees that, in each year during which such
indemnity obligation or liability ascertainable in amount exists, arising from
or relating to a Claim, it will, promptly and as soon as permissible under
applicable law, levy a tax, with full allowances being made for tax
delinquencies and costs of tax collection, which will be sufficient to raise
and produce the money required to ensure that all indemnity obligations
or liabilities ascertainable in amount, arising from or relating to a Claim,
have been satisfied and discharged.
(d) If, for whatever reason, any provision of this Agreement is held by a
Court to be in conflict with or contradictory to Licensee's duty to indemnify
COMPANY Parties, as provided for in this Agreement, such conflicting or
contradictory provision shall be subjugated to, and shall not impair, affect,
or invalidate, Licensee's duty to indemnify COMPANY Parties, and such
duty shall remain in full force and effect.
e) With regard to Licensee's obligations of indemnification and other
potential liabilities provided for in this Agreement, the Parties
acknowledge and agree that Licensee has entered into this Agreement in
furtherance of public purposes, and that no payment made or obligation
incurred by Licensee hereunder shall constitute or be construed as an
application or lending of Licensee's credit, or an application of public
funds for private use.
(f) Subparagraphs (a) through (e) shall be subject to the governing
provisions pursuant to applicable laws.
Under no circumstances whatsoever shall any COMPANY Party be liable
to any Licensee Party in contract, in tort (INCLUDING SOLE OR
CONCURRENT, ACTUAL OR IMPUTED, NEGLIGENCE, OR STRICT
LIABILITY), under any warranty, or otherwise for any special, indirect,
incidental, or consequential loss or damage of any nature, including,
without limitation, for the cost of capital, loss of profits or revenues or the
loss of use thereof, attorneys' fees (except as otherwise expressly
provided for in this Agreement) or the cost of purchased or replacement
services, or claims of Licensee's users, licensees, concessionaires, or any
other person, firm or entity in such regard, and to the extent allowed by
law, Licensee agrees to indemnify and hold each COMPANY Party
harmless in such regard.
COMPANY shall be responsible for the cost of repairing or replacing any
damage to Licensee's Equipment caused intentionally by, or due to the
gross negligence of, an COMPANY employee. COMPANY shall not
otherwise be liable to any Licensee Party for any expense, damage or
loss caused, in whole or in part, by the action of any COMPANY Party that
damages or injures any Equipment or that terminates, disrupts or
20
13.2 Licensee's Waiver of
Consequential
Damages
13.3 No Liability for Damage to
Equipment or Termination,
Disruption or Interruption of
Service
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
interrupts any Communications Services.
To the extent that the Texas Deceptive Trade Practices - Consumer
Protection Act, Texas. Bus. & Comm. Code, 17.41, et. HQ.., may be
applicable to any Claim that Licensee may have against any
COMPANY Party in any way arising out of, related to, caused by or
incident to this Agreement, Licensee waives the applicability of such
Act to the maximum extent that it can now or in the future to be
waived. Notwithstanding the foregoing, nothing in this Agreement
shall be construed as an admission by any Party that Licensee is a
"consumer" as defined in such Act or that such Act is otherwise
applicable to any COMPANY Party, any Licensee Party or this
Agreement.
Within a reasonable period after receiving or becoming aware of the
assertion of any Claim within the scope of Section 13.1, COMPANY shall
notify Licensee of the assertion of such Claim. COMPANY's failure to
provide such notice shall not, however, alter or, in any manner, impair
Licensee's obligations of indemnity, as provided for in Section 13.1.
Licensee, or, with COMPANY's prior, written consent, Licensee's
designated agent/contractor having primary or exclusive responsibility for
maintaining the Equipment located on the Poles, shall maintain the
following types of coverage and limits of liability during the term of this
Agreement:
Tvoe of Coverage
Limits of Liabilitv
(a)
(b)
Workers' Compensation
Insurance including:
Coverage for all applicable
Federal or State Laws relating
to the work performed.
Primary Employer's Liability
Insurance
$100,000
Statutory
(c) Public Liability and Property
Damage Insurance (Commercial
General and Excess Liability
Combined)
Minimum (per occurrence)
requirements shall be determined
by the total number of individual
attachments to, or contacts between,
Equipment and Poles (Equipment
Attachments), as follows:
1 - 10,000 equipment attachments
10,001 or more equipment attachments
$5,000,000
$10,000,000
21
13.4 Licensee's Waiver of
Rights and Remedies Under
the Texas Deceptive Trade
Practices-Consumer
Protection Act
13.5 Notice Of Claim To
Licensee
SECTION 14.
INSURANCE
14.1 Coverage and Limits of
Liability
S 0473460 C
DISTRIBUTION POLE LICENSE AGREEMENT
Including:
Employer's Liability Insurance;
Coverage for damage caused by blasting, collapse,
underground damage or explosion;
Broad Form Property Damage;
Products Liability and Completed Operations;
Personal Injury;
Additional Insured as required by contract;
Contractual liability assumed in a contract or an agreement that is an
"Insured Contract" provided the "bodily injury" or "property damage"
occurs subsequent to the execution of the contract or agreement, or that
the insured would have in the absence of the contract or agreement..
Licensee further acknowledges and agrees that this Agreement shall be
designated and subject to such contractual liability coverage as an
"Insured Contract."
Punitive Damages; and
Waiver of subrogation.
(d) Comprehensive Automobile Liability
$5,000,000 per
occurrence
Including:
Coverage for all owned, hired or non-owned
licensed automotive equipment.
(e) Such other insurance as COMPANY may specify as necessary to
provide protection from loss arising from ownership, lease,
construction and/or operations off/on the property made subject
to this Agreement.
(f) To the extent Licensee, or its designated agent/contractor, carries
insurance in excess of the required Limits of Liability, this
Agreement is amended to require the Limits of Liability actually
carried.
(g) Limits of Liability are subject to review by COMPANY and shall be
amended by Licensee upon request of COMPANY by giving sixty
(60) days' written notice to Licensee.
For a period of two years following the termination of this Agreement,
Licensee, or its designated agent/contractor, shall provide such public
liability and property damage insurance, as applicable to products liability
and completed operations, in the limits of liability specified above.
Licensee, or its agent/contractor, may provide such coverage through an
insurance company of its choosing.
Licensee's liability under this Agreement is not limited to the amount of 14.2 Limitation of Liability
insurance coverage required herein.
22
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
Licensee, or its agent/contractor as allowed for in Section 14.1 agrees to
release and will require its insurers (by policy endorsement) to waive their
rights of subrogation against COMPANY, its parent and affiliated
companies, its and their directors, officers, agents, servants, employees
and/or independent contractors for loss under the policies of insurance
described herein; damages to Licensee's properties and/or any other loss
sustained by Licensee whether insured or not.
All policies, including those of Licensee's designated agent/contractor,
required by this Section 14 shall be written with a sixty (60) day notice of
cancellation provision and shall name COMPANY, its parent and affiliate
companies and its and their directors, officers, agents, servants,
employees and/or independent contractors as additional insureds. The
poliCY endorsement for additional insured shall read:
It is agreed that the "Persons Insured" provision is amended to
include COMPANY, its parent and affiliate companies, its and their
respective directors, officers, agents, servants, employees, and/or
independent contractors named as Additional Insured as their
interests may appear with respect to liability arising out of or in
connection with operations performed by the Licensee, its directors,
officers, agents and employees or its contractors.
It is further agreed that this insurance is primary over any other valid
and collectible insurance and no other insurance shall apply to
losses payable under this poliCY until the limits of liability under this
poliCY have been exhausted.
It is also agreed that each insured is provided coverage as though a
separate policy had been issued to each, except the insurer's liability
shall not be increased beyond the amount for which the insurer
would have been liable had only one insured been covered. Only
one deductible shall apply per occurrence regardless of the number
of insureds involved in the occurrence.
Licensee, shall within ten (10) days of signing this Agreement and
annually thereafter supply to COMPANY certified insurance certificates
prepared by the insurance company or its representatives certifying that
the insurance required by this Section 14 is in place. Licensee agrees to
make all required insurance policies, including those of its contractor,
available for inspection upon COMPANY's request. Licensee remains
responsible for ensuring that COMPANY is provided with those
certificates, whether for the District or its contractor, of insurance
coverage naming COMPANY as additional insureds as outlined in Section
14.4 above.
Licensee or COMPANY shall notify each other within twenty-four (24)
hours after any accident involving Licensee's Equipment attached to any
Pole.
Nothing in this Section 14 or the provision of any insurance required by
this Section 14 shall affect, limit or otherwise reduce the indemnity
provisions set forth in Section 13.
23
14.3 Release and Waiver of
Subrogation
14.4 Endorsements
14.5 Proof of Coverage
14.6 Notification of Accident or
Damage
14.7 Enhancement of
Indemnification
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
The license granted to Licensee hereunder with respect to any Pole shall
be non-exclusive in that COMPANY reserves the right to use any or all of
such Pole for any lawful purpose or business or to lease or otherwise
permit any other person or entity the right to lease or use any or all of
such Pole for any lawful purpose. In no event shall Licensee make any
use of COMPANY's facilities except in accordance with, and subject to,
the terms and conditions of this Agreement; provided further, that
Licensee shall not locate poles, guys, or other facilities where they will (a)
interfere with access to Poles or the operation of COMPANY's electric
system or (b) violate any provision of the National Electrical Safety Code.
In addition to the limitations provided for and without limiting Licensee's
responsibilities under Section 2.2, Licensee shall not, without the prior
written consent of COMPANY (a) transfer, assign, delegate or sublet any
of its rights or obligations under this Agreement or (b) allow a change-in-
control of Licensee, or any portion of the Equipment, through ownership,
sale, contractual right or otherwise.
No permitted transfer, assignment, delegation or subletting by Licensee
shall release or relieve Licensee of any of its obligations under this
Agreement, and Licensee shall remain fully obligated and liable to
COMPANY under this Agreement notwithstanding any such permitted
transfer, assignment, delegation or subletting.
COMPANY may transfer, assign or delegate any of its rights or obligations
under this Agreement at any time without the consent of or prior notice to
Licensee. COMPANY shall notify Licensee of any such transfer,
assignment or delegation within thirty (30) days thereof.
This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective successors and assigns where assignment is
permitted by this Agreement.
Licensee shall pay, in the normal course of business and before they
become delinquent, all fees and other charges of any kind whatsoever
properly levied or assessed against it or with regards to its Equipment.
This Agreement shall be governed by and interpreted and construed in
accordance with the laws of the State of Texas.
24
SECTION 15.
NON-EXCLUSIVITY OF THIS
AGREEMENT
15.1 Non-exclusive use by
Licensee
SECTION 16.
ASSIGNMENTS
16.1 Assignment by Licensee
16.2 Non-Release
16.3 Assignment by
COMPANY
16.4 Successors and Assigns
SECTION 17.
LICENSEE'S PAYMENT OF
TAXES, ASSESSMENTS,
FEES AND OTHER
GOVERNMENTAL CHARGES
SECTION 18.
APPLICATION OF TEXAS
LAW
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
This Agreement and all Attachments attached hereto shall constitute the
entire, complete and final agreement of the Parties with respect to the
subject matter hereof, and all prior negotiations, undertakings,
understandings, representations, statements and agreements between
the Parties with respect to the subject matter hereof are merged into this
Agreement.
SECTION 19.
COMPLETE AGREEMENT
SECTION 20.
NOTICES
Any notice, other than Permit Applications, required to be given or made 20.1 Method of Notice
in connection with this Agreement shall be in writing and shall be deemed
properly or sufficiently given or made if (a) delivered in person with receipt
acknowledged in writing by the person specified below; (b) sent by
registered or certified mail, return receipt requested, to the person and
address specified below; (c) sent by confirmed telephonic document
transfer to the person and telecopier number specified below; or (d) sent
or delivered by such other method as will ensure evidence of its receipt by
the person specified below:
(a) If to Licensee:
City of Colleyville
100 Main Street
Colleyville, TX 76034
Attn: Paul Frederiksen
Telephone Number: 817-503-1115
Mobile Phone Number: 817-713-4584
Telecopier (Fax) Number: 817-503-1129
(b) If to COMPANY:
TXU Electric Delivery Company
Energy Plaza, Room 24-140
1601 Bryan Street
Dallas, Texas 75201
Attn: Ron Coan
Telephone Number: 214-812-2211
Telecopier (Fax) Number: 214-812-7450
Notices given or made pursuant to or in connection with this Agreement
shall be effective as of the time of delivery to or receipt by the Party to
whom such notice is addressed; provided, however, that no notice shall
be effective unless it is given or made in compliance with this Section
20.1.
The person, address or telecopier number of any Party to which notice
shall be given pursuant to Section 20.1 may be changed at any time upon
written notice given pursuant to Section 20.1 to the other Party.
25
20.2 Change in Person's
Address and Telecopier
Number
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
SECTION 21.
COMPLIANCE WITH LAWS
Licensee shall, at its own cost, operate, attach, replace, relocate, repair, 21.1 Licensee's Compliance
modify and remove its Equipment on or from Poles in compliance with:
(a) applicable constitutions, statutes, ordinances, rules, regulations,
codes, orders, decisions, ordinances and decrees of all governmental
bodies with jurisdiction over the subject matter of this Agreement; (b) all
applicable requirements of the National Electrical Code and National
Electrical Safetv Code; and (c) COMPANYs standards and procedures
applicable to the Poles, portions of which are included as Attachments
"C" through "J."
If any portion of this Agreement becomes or is determined by a 21.2 Severability
governmental body with jurisdiction to be void, unenforceable, invalid or
illegal, Licensee and COMPANY shall modify to the extent they are able
to do so such portion in a manner which preserves the intent and effect of
such portion and the remainder of this Agreement to the maximum extent
which is effective, enforceable, valid and legal. A void, unenforceable,
invalid or illegal portion of this Agreement shall not affect the
effectiveness, enforceability, validity or legality of the remainder of this
Agreement.
SECTION 22.
REPLACEMENT OF
AUTHORIZED
REPRESENTATIVES
Licensee may replace any or all of its Authorized Representatives at any 22.1 Replacement
time or from time to time by delivering to COMPANY a written notice
specifying: (a) the name of the new Authorized Representative; (b) if not
an employee of Licensee, employer and relationship to Licensee; (c) title;
(d) business address; (e) business telephone number; (f) the name of the
Authorized Representative being replaced; and (g) the date when the
change becomes effective. Unless otherwise specified in the notice, the
new Authorized Representative shall have the same authority as the
Authorized Representative being replaced. Upon good cause shown by
COMPANY: (a) Licensee shall increase or decrease the number of
Authorized Representatives or replace any or all of them and (b)
COMPANY may reject any replacement for an Authorized
Representative.
SECTION 23.
MODIFICATIONS AND
WAIVERS
Only written modifications of this Agreement duly authorized and signed 23.1 Modifications
by the Parties shall be effective, and no writing shall constitute a
modification of this Agreement unless such writing is expressly identified
as a modification with specific reference to the provisions of this
Agreement to be modified. No modification shall be effective prior to the
date such modification is signed by the Parties, unless such modificationnexpressly so provides.
26
DISTRIBUTION POLE LICENSE AGREEMENT
S 0473460 C
No rights or duties under this Agreement shall be waived except as 23.2 Waiver
expressly provided in this Agreement or unless the Party having the right
expressly waives such rights or duties in a written instrument identified as
a waiver. Failure to enforce or insist upon compliance with any of the
terms or conditions of this Agreement shall not constitute a general waiver
or relinquishment of any such terms or conditions, but the same shall be
and remain at all times in full force and effect.
Except as specifically provided herein, this Agreement is entered into for
the sole benefit of COMPANY and Licensee and, where permitted, their
respective successors and assigns. Nothing in this Agreement or in any
approved Permit Application shall be construed as giving any benefits,
rights, remedies or claims to any other person, firm, corporation or other
entity, including, without limitation, Licensee's or COMPANYs customers,
concessionaires and Licensees.
Any existing agreements between the Parties or their predecessors,
regarding the attachment of Equipment to Poles, are by mutual consent
of the Parties hereby abrogated and superseded by this Agreement.
Notwithstanding anything to the contrary in this Agreement, the Parties
from time to time may prepare and implement such supplemental
operating routines or working practices as they mutually agree in writing to
be necessary or desirable to effectively administer the provisions of this
Agreement.
Section and subsection headings are inserted in this Agreement for
convenience of reference only and shall in no way modify or restrict any
of the terms and provisions of this Agreement.
This Agreement may be simultaneously executed in several counterparts.
All such counterparts, when executed and delivered, each as an original,
shall constitute but one and the same instrument.
No provision of this Agreement shall be construed against or interpreted
to the disadvantage of any Party by any court or other governmental or
judicial authority by reason of such Party having or being deemed to have
prepared, structured or dictated such provision.
27
SECTION 24.
AGREEMENT FOR THE SOLE
BENEFIT OF LICENSEE AND
COMPANY
SECTION 25.
EXISTING CONTRACTS
SUPERSEDED
25.1 Existing Contracts
25.2 Operating Routines and
Working Practices
SECTION 26.
HEADINGS
SECTION 27.
EXECUTION IN
COUNTERPARTS
SECTION 28.
INTERPRETATION
S 0473460 C
DISTRIBUTION POLE LICENSE AGREEMENT
SECTION 29.
CONFIDENTIALITY
The parties acknowledge and agree that the terms and conditions of this
Agreement are and shall be treated as confidential information, and
Licensee shall not, without COMPANY's prior express, written consent,
disclose any terms and conditions of this Agreement to any third party;
provided, however, that this confidentiality limitation shall not apply to
submissions of information to courts or regulatory agencies or as required
pursuant to applicable laws, as and to the extent disclosure of any such
terms and conditions is reasonably necessary to allow Licensee to
enforce COMPANY's compliance with the obligations under this
Agreement.
SECTION 30.
LICENSEE'S AUTHORITY TO
EXECUTE AGREEMENT
Licensee represents that its duly elected or appointed governing body, or
another person or entity duly authorized by that governing body, has
formally acknowledged, agreed to, and ratified Licensee's execution of
this Agreement, together with its acceptance of all of the obligations
provided for under this Agreement.
The following attachments are attached and by this reference are incorporated into this Agreement:
Attachment A - Permit Application
Attachment B - Authorized Representatives
Attachment C - Licensee's Equipment Contacts on COMPANY's Poles
Attachments D through K - Construction Standards Drawings
Attachment L - Rental Rate
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date and year
first above written.
Licensee COMPANY
By: By:
Signature Signature
Name: Name:
Title: Title:
Date: Date:
28
Attachment A
Permit Application
Permit Application #
Licensee
Address
City & State
City of Colleyville
100 Main Street
Colleyville, TX 76034
Town or Area
This Permit Application is submitted pursuant to the terms of Distribution Pole License Agreement S 0473460 C between
Licensee and TXU Electric Delivery Company (COMPANY) dated APRIL29. 2005. and is governed by the provisions of that
Agreement. The definitions In Section 1 of that Agreement are hereby Incorporated by reference in this Permit Application.
PART I
(Licensee to check appropriate boxes, fill In blanks, date and sign)
o Attachment of Equipment on Distribution Poles
Licensee desires to make _ attachments on Pole(s) of which have no existing Equipment on
them. The attached drawlng(s) and specifications Identify each Pole on which Equipment Is to be attached and the
types and characteristics of the Equipment or other facilities to be attached to the Pole(s). After such attachment, the
Equipment on each Pole will be used In connection with the provision of Licensee's Service.
o Replacement, Relocation or Modification of Equipment on Distribution Poles
Licensee desires to replace, relocate or modify existing Equipment on POIes(s). The attached drawlng(s) and
specifications identify each Pole on which the Equipment Is to be replaced, relocated or modified and describes the
types and characteristics of the Equipment involved In the replacement, relocation or modification. After such
replacement, relocation or modification, the equipment on each Pole will be used in connection with the provision of
Licensee's Service.
o Removal of Equipment from Poles
Licensee has removed the Equipment from Pole(s). The attached drawlng(s) Identifies each Pole from which
Equipment was removed and the type of Equipment removed. After such removal, the remaining Equipment on each
Pole will be used In connection with the Provision of Licensee's Service.
Dated:
Authorized Representative
PART II (COMPANY to check appropriate boxes, fill in blanks, date and sign)
Licensee's application to attach, replace, relocate or modify Equipment is:
o Approved
o Denied
o Conditionally approved subject to the modifications and conditions set forth on the attachment hereto and Licensee's
payment of $ for the cost of modifying or rearranging Equipment of any COMPANY Party and/or a
Joint User on the Pole(s), or for the cost, as applicable, of replacing any POIe(s).
Dated:
COM PANY Representative
PART III
(Licensee to sign, date and return original I Retain one copy for Licensee Records)
Licensee hereby accepts the modifications and conditions set forth in Part II hereof and any pertinent attachment hereto.
Dated:
Authorized Representative
PERPETUAL INVENTORY OF CAPITAL EQUIPM ENT ATTACHED TO POLES BY Licensee
(For COMPANY use only)
Previous Balance Added Removed New Balance
29
Attachment B
Authorized Representatives
AGREEMENT S 0473460 C
The following individuals shall have the authority to sign Permit Applications or copies of Permit Applications on
behalf of
Licensee as required by Sections 4 and 6 of the Agreement:
Name
Employer
Title
Business
Address
Business
Telephone
Number
Paul City of Colleyville, TX
Frederiksen
Assistant
City
Manager
100 Main Street
Colleyville, TX 76034
817-503-1115
The following individuals shall have the authority to contact TXU ELECTRIC DELIVERY COMPANY
(COMPANY) on behalf of Licensee in an emergency as permitted by Section 7.1 of the Agreement:
Name
Employer
Title
Business
Address
Business
Telephone
Number
Paul City of Colleyville, TX
Frederiksen
Assistant
City
Manager
100 Main Street
Colleyville, TX 76034
817-503-1115
30
ATTACHMENT C
Licensee's Equipment Contacts on COMPANY's Poles
Agreement S 0473460 C
Licensee's fiber optic or other cable attachments to COMPANYs distribution Poles shall be placed atforty (40)
inches below COMPANYs secondary or neutral conductor, whichever is lowest, on any Pole unless such Pole
has existing fiber optic or other cable of a COMPANY Party or other entity attached. In such event, the
Licensee agrees to cooperate with COMPANY in determining an attachment position that will accommodate the
needs of all entities involved and that complies with the clearance requirements of the National Electrical Safety
Code; however, in no case shall the clearance below COMPANYs secondary or neutral conductor be less than
forty (40) inches. Licensee shall install an identification tag on the cable at each Pole attachment for
identification purposes. Other Equipment such as, but not limited to, power supplies and amplifiers shall be
placed in accordance with the requirements of Attachment H.
31
AttachmentD
AttachmentE
Attachment F
Attachment G
Attachment H
Attachment I
AttachmentJ
AttachmentK
S 0471345 C
Attachments D through K
Construction Standards Drawings
- LOCATION OF VERTICAL RUNS -103-205
- CLIMBING SPACE THRU COMMUNICATION DROP WIRES -103-210
- COMMUNICATION ATTACHMENT & SERVICE DROP -103-215
- SUPPLY AND COMMUNICATION CLEARANCES -103-220 & 103-225
- SUPPLY AND COMMUNICATION EQUIPMENT -103-235
- SUPPLY AND COMMUNICATION DOWN GUYS - 103-240
- COMMUNICATION COMPANY STRAND BONDING TO POLE
GROUND - 103-245
- EQUIPMENT CLEARANCES
The above attachments follow this cover sheet.
32
103 - 205
LOCAnON OF VERTICAL RUNS
103 - 205
11-01
11-01
S11tEET OR ALLEY
TRAFFIC R.OW
..
I
i
i
I
I
~
I
.
I
COMMUNICATION CABlE
VERTICAL COMMUNJCATlON RUN
NOTES 1 - 8
YERI'ICAL IUlPLY CAlLI!
FIELD SIDE
JOINT CONSTRUCTION POLE
NOTES:
1. SUPPLY AND COMMUMCA11ON VERTICAL RUNS SHALL NOT BE MADE ON TlIE SAME POLE
WHERE IT IS PRACTlCABLE TO PLACE TlIEM ON SEPARATE POLES.
2. SUPPLY VERTICAL RUNS SHALL BE MADE ON QUARTER OF POlE OPPOSITE COMNlJNICATlON
CABLE IF EXISTI\IG, OTHERWISE ON FELD QUARTER OF POLE WHEN ALONG STREET OR ALLEY.
3. LOCATE SUPPLY VERTICAL RUNS ON SIDE OF POLE AWAY FROM THE NORMAL TRAFAC FLOW
WHERE PRACTlCABLE.
4. COMMUNICATION VERT1CAL RUNS SHALL BE MADE ON QUARTER OF POlE ADJACENT TO
COMMUNICATION CABlE AND ON SIDE OF POl.f AWAY FROM THE NORMAL TRAFFIC FLOW
WHERE PRACT1CA8LE.
&. ALL VERTICAl. RUNS SHALL BE SO ARRANGED AS NOT TO INTERFERE WI1lI CLIMBING OR
WORKING SPACE. WHEN THE ADDmON OF COMMUNICATION VERTICAL RUN ON POLE WI1lI
AN EXIS11NG SUPPLY VER11CAL RUN OBS'TRUCTS MORE THAN 25" OF THE POLE SURFACE, TlIE
ADDITIONAL COMMlNCATlON VERTICAL RUN SHALL BE MOUNTED ON STANDOff BRACKETS TO
FACILITATE CLIMBING SPACE AS PER THE NEsc. VERTICAL RUNS ON STANDOFF BRACKETS
SHOU.D BE IN CONDUIT AS APPROVED BY CODE.
8. CONSULT SECTION 238 OF THE NATlONAL ELECTRICAL SAFETY CODE FOR RUUNG ON SITUATIONS
NOT COVERED BY THIS STANDARD.
APPROVED BY
eTXU
nu....ClIoI
103 - 210
CLIMBING SPACE THRU
COMMUNICATION DROP WIRES
11-01
I
i
~
I
I
i!
a
f
I
SEPARATlON BETWEEN VERTICAl. RUN, INa.UDlNG STAPLES
OR OTJoER DEVICES USED IN FASTiNlNG IT TO THE POLE,
AND COMMUNlCAnON DRIVE HOOK SHALL BE ONE EIGHTH OF
THE POLE ORCUMFERENCE WHERE PRACTlCABLE. BUT IN AU
CASES AT LEAST 2 INCHES MEASURED IN ANY DIRECTION.
CLIMBING SPACE
COMMUNlCAnON
DROP WIRE
3Ir MIN.
I
_____________ _J
S!t
~
;i
103 - 210
11-01
COMMUNICATlON
DROP WIlE
APPROVED BY
eTXU
nil.........
103 - 215
11-0'1
I
!i
I
~
I
I
~
I
f
I
COMMUNICATION
DROP
COMMUNICATION ATTACHMENT
. SERVICE DROP
I~___~~~~~--
CUM BING SPACE
103 - 215
'It-O'I
-I
I
I
I
I
I
I
I z!
I :i
I :
I 51
I
I
I
I
I
SEE NOTE 3
REPEATEFV AMPLIFIER
COMMUNICATION CABLE
SEE NOTE 4
NOTE:
1. SEE 103-205 FOR PLACING VERTICAL RUN ON POLES.
2. ATTACHMENT OF COMMUNICATION FACILmES TO BE ON THE SAME SIDE OF
THE POLE AS SUPPLY NEUTRAL OR SUPPLY SECONDARY.
3. MAKE THIS DISTANCE SUFFICIENT TO CLEAR THE CUMBlNG SPACE WITH THE NEAREST
SERVICE DROP.
4.. SERVICES ON THE STREET OR ALLEY SIDE OF POLES SHOULD BE PULLED OFF OF
THE POLE.
APPROVED BY
eTXU
nu........
103 - 220
11-01
SUPPLY AND COMMUNICATION
CLEARANCES
11-01
103 - 220
SUPPLY llIANSFORMERS SHALL
BE LOCATED ABOVE
COMMUNICATION ATTACHMENTS
I
i
i!
I
9
~
I
.
f
i
30'"
_.::....1
~.:;;:::
COMMUNICATlON
DROP WftE
COMMUNICATION CABLE
TERMNAI.. NOTE 1
Sl.J>PL Y GROUNDING CONDUCTOR
~
, CUIB'4G SPACE TO BE
L PROVIDED AS INDICATED
BY 103 - 211
NOTE:
1. WHEN COMMUNlCAnON CABLE TERMINAL OBSTRUCTS MORE mAN 25'110 OF POLE SURFACE. THE TERMINAL
SHALL BE PlACED ON STANDOFF BRACKETS TO FAClUTATE CUMBING SPACE AS PER THE NESC.
APPROVED BY
eTXU
nil...........
103 - 225
SUPPLY AND COMMUNICATION
CLEARANCES (CONTD)
11-01
I
i
~
I
I
j
a
l
f
i
~
· 12" MINMUM BElWEEN THE
COMMUNICATlON CAII..E AN>
ANY CONDUCTOR OF lHE SUPPLY
AT THE SERVICE ENTRANCE.
z
!
!!l
.
I
COMUNCATlON CABLE
40"
NOn::
1. MNMUM CLEARANCE Of 2" Of AIR OR WOOD BETWEEN ALL
HARDWARE AND GROUNDS. WHERE CLEARANCE IS LESS THAN
2". HARDWARE SHALL BE BONDED.
103 - 226
11-01
APPROVED BY
eTXU
nil.........
103 - 236
"-01
SUPPLY AND COMMUNICATION
EQUIPMENT
"-01
103 - 236
I
I
i
I
I
~
I
i
.
I
4fY'
b I
b ;
:::>-- SEE NOlES 1, 9
~I
METAl COMMUNICATION
POWER SUPPLY BOX _
(SEE NOTES 2 . 6)
-
iii
a..
en SERVICE TO
c POWER SUPPLY
ri1 (SEE NOlES 3. 4, 8)
a
l!i
~
I i
~ ~
<it ail
I
NOTES:
1. ATTAOtMENT OF TELEPHONE AND OTHER
COMMJNICATION FAClLmES SHALL BE ON SAME
SIDE OF TIE POlE.
2. NO MnAL CABINET LARGER THAN r x 12" x ,..
DEEP SHALL BE MOUNTED DIRECTlY ON THE POlE.
LARGER CAIINETS MAY BE POLE MOUNTED AS
SHOWN IN THE SIDE VIEWS ON THIS SHEET
PROVIDED MOUN11NG BRACKETlI ARE USED WHICH
PRDVlDE A MNMUM OF,.. BETWEEN CABINET
AN> POLE.
3. COWAINlCA11ON COIII'NlV SUPPLY CABLE SHALL
HAVE AN EfFECTIVELY OftOUNDED METAL SHEATH
OR SHELD.
.. SEIMCE SHAU. BE FURNISHED IV CUSTOMER.
5. METAL CASE OF POWER SlA'lY AND S'11lAND
StW.l II! EFPECTIVElY GROUNDED.
e. aJSTOMER'8 LEAD6 SHALL EXTEND wr OF
WEATl-ERHEAD SUFRClENT FOR MAKING
CONNECTlONS ON SECONDARY BUS.
7. SELF CONT'AINED METER SOCKET ~NlSHED IV
cc:lMMlMICATION COtIIPNIY.
8. MOUNT THE METER SOCKET so THE METER CAN
BE READ EASU FROM THE GROUND. METER
SHOlI.D NOT FACE STREET'. AUEY. OR PROPER'lY
SIDE OF POLE.
.. RECOMMENDED POSI11ON FOR ATTACHMENT
OF COMMUNICATION CABLE (STHER SELF-
SUPPOR11NG OR SUPPORTED IV MESSENGEIl).
METER
(SEE NOTES 7 . 8)
CUSTOMER'S
SERVICE SWITOI
..
Q'
CUSTOMER'S GROUNDING
ELECTRODE
APPROVED BY
eTXU
'DlLI.........
103 - 240
SUPPLY AND COMMUNICATION
DOWN GUYS
103 - 240
11-01
11-01
--.&
ff
::::u
't
I
i
.
I
I
~
B
f
i
DETAIL A
AUXILIARY ANCHOR EYE (NOTE 1)
SUPPlY GUY
COMMUNICATlON
GUY
8'-0"
NOTES:
-
1. EACH COMPANY (SUPPLY AM> COMMUNICATION) SHALL INSTALL INDEPENDENT GUYS AND ANCHORS
FOR THEIR RESPECTIVE FAClunES. ~rrr MCHOR D'II ON SUl'l'l.Y NlCHOff IfOOI SHNJ. 1101
.. AU.OWID (SEE DETAILS ABOVE).
2. COMMUNICAnON CABLE STRAND AND DOWN GUY SHALL BE BONDED AND CONNECTED TO POlE
GROUND. COMMUNICATION COMPANY TO FURNISH #6 SO BARE COPPER WIRE AND CONNECTORS
AND CONNECT TO POlE GROUND.
APPROVED BY
eTXU
nu......_
103 - 245 COMMUNICATION COMPANY STRAND BONDING 103 - 245
"-01 TO POLE GROUND "-01
I
i
:ii!
I
~
I
~
a
.
I
SUPPlY NEU'TlW. CONDUCTOR
COMMUNICATION
CABLE STMND
POLEGROtAiI)
NOTES:
1. COMMUNICATION CABLE STRAND SHALL BE BONDED TO POLE GROUND ON EVERY POLE.
2. COMMUNICATION CABLE COMPANY TO FURNISH #6 S.D. BARE COPPER BONDING WIRE AND CONNECTORS AND
CONNECT TO POlE G~D.
APPROVED BY
eTXU
naJ""."
EQUIPMENT CLEARANCES
r
gg
Ii
~!!I
il~1
<<I'
MIN.
&I"
<<1'
MIN.
rMIN.
f LOWEST POINT OF CONDUCTOR
J --~-
1r MIlL 10 TOP ~ 8RACICET
CQMMUtICATION CABLE
OR COMM EQIJI'MENT
r
4l1'
M\N.
lili"
BANDING METAL WITH
RUBBER 10 PROTECT POLE
CONDUI1' 10 EX'lV4D
DOWN POLE 10 TOP
OF TS.ECOM
1r
CABLE SECONDARY
NOTES:
1. JACI(E'IE) MUT1PLE CONDUCTOR IS A CABLE WITH A JACKET ENClOSING THE
ENT1RE CABLE ASSEMBLY.
.JACKETS) MUL nPlE
SUPPLY CABLE
18'MIN.
EXISTING OPEN WIRE SECONDARY
.j .. . -
Attachment L
Rental Rate
Agreement S 0473460 C
During the calendar year 2005, the rental rate for each attachment of Equipment onto a COMPANY Pole
shall be:
Non- TSP rate of
$22.28
The rental rate specified herein is subject to, and shall be determined in accordance with, Agreement S
0473460 C, by and between the parties.
COMPANY will comply with its obligations under the Communications Act, as they may now or
hereafter be interpreted to apply to the rates, terms, or conditions specified herein.
33
CITY COUNCIL
cur Of
.cs AGENDA BRIEFING
Il-:l:<\$
MEETING DATE: I
i
ITEM#: !
ORDINANCE #: I
05/17/05
9
0-05-1525
I
I
CITY MANAGER i
i
DEPARTMENT HEAD I
FINANCE REVIEW I
Previous Action: 05/03/05
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a Zoning Change from AG and R30 to
R40 on 2.55 acres located at 6112 and 6115 Hunter
Lane, Case Z-05-011
Second Reading and Public Hearing
First Reading and Public Hearing
C.L. Madden has submitted a request to change the zoning of 2.55-acres, located at 6112 and
6115 Hunter Lane, from AG Agricultural and R30 Single Family Residential to R40 Single
Family Residential. The applicant is seeking a zoning change in order to develop the property
as single family residences.
The properties are located at the northern end of Hunter Lane. The applicant proposes to
rezone the properties in order to construct two single family lots. The properties are currently
platted but the current lot configuration does not meet the developers proposed plans.
In order to subdivide the property, approval of a subdivision replat will be required at a later
date, upon approval of the rezoning request.
The R40 zoning district requires a minimum lot area of 40,000 square feet. Both properties
exceed 40,000 square feet and meet the minimum requirements of the R40 zoning district.
The developer has submitted a zoning exhibit illustrating the areas to be rezoned as well as a
potential lot configuration. The proposed lots, as shown on the zoning exhibit, appear to meet
the R40 zoning requirements. Approval of the rezoning request does not constitute approval
of the proposed lot layout.
The surrounding properties are primarily single family residential in nature. Property to the
north is zoned AG, and is currently used for single family residences. Property to the west is
zoned R30, and consists of single family residences. The properties to the south and east are
zoned R30 and R40 and are developed as single family residences.
Impact Issues
1. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of
Colleyville's residential neighborhoods". This particular goal includes objectives relative to
this zoning change request:
Agenda Briefing
Ordinance 0-05-1525
Page 2 of 3
. Maintain the current level of housing quality and density
. Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or
combination of smaller lots into larger estate lots
This request is consistent with the goals and objectives of the Master Plan.
2. Residential Density. The Master Plan suggests a maximum residential density of 1.8
dwelling units per acre in most situations. The maximum residential density for the R40
zoning district is 1.25 dwellin g units per acre. The applicant's proposed density is in
compliance with the Master Plan.
3. Lot Sizes & Widths. The R40 standards allow for a minimum lot size of 40,000 square
feet. The applicant proposes to create two single family lots that adhere to the lot area
required by the R40 zoning district.
4. Surrounding Properties. The surrounding properties are developed as single family uses.
5. Development Trends. The development trends in this area primarily focus on single
family development.
6. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-
way. If required for the development, the developer is responsible for the extension of
water and sewer service lines to the individual lots.
7. Property Taxes. According to information available from the Tarrant Appraisal District, the
2.55-acre parcel is valued at $315,380. The estimated City property tax revenue for the
undeveloped property is approximately $1,095 annually. The future property tax revenue
would depend upon the value of the individual lot and the value of the house built on the lot.
8. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban
locations. Single-family residences are expected to generate 9.57 trips per day, on
average.
9. Public Notification. Staff mailed notices to 15 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding this
request.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission considered this rezoning request on April 11, 2005, and recommended approval
(5-0).
Recommendation
Approval
Attachments
. Comparison of Existing and Proposed Zoning District Regulations
· Zoning and Location Map
· Information and Drawings from Applicant
· Ordinance 0-05-1525
Agenda Briefing
Ordinance 0-05-1525
Page 3 of 3
Comparison of Existing and Proposed Zoning District Regulations
REGULATIONS EXISTING AG EXISTING R30 PROPOSED R40
Maximum Density 0.3 DUlAC 1.5 DUlAC 1.25 DUlAC
Minimum Lot Area 130,680 SF 30,000 SF 40,000 SF
Minimum Lot Width 200 FT 125 FT 150 FT
Minimum Lot Depth 300 FT 125 FT 150 FT
Minimum Front 40 FT 35 FT 40 FT
Yard Setback
Minimum Rear Yard 40 FT 25 FT 25 FT
Setback
Minimum Side Yard 25 FT 10 FT 15 FT
Setback
Maximum Lot 20% 25% 20%
Coverage
Maximum Number 2.5 2.5 2.5
of Stories
Maximum Building 35 FT 35 FT 35 FT
Height
Zoning and Location Map
D
NORTH
Information and Drawings from Applicant
SU?~~.lt
fli1ri!tr;Iq,>;;"J-p.<m
CHtSM, 0 LEROY
i'3'r11l1G,fJfHCT
t.<::0/"':I!f'''('''1 f!4~'
C,"'1'1tl"IJs.$,B...!Wtlf"'lOl
1.01'7, BI.(>CK I
Jt:.NMNGS f50"1'A, TeS
1</5544, PA1CT
!'..i.~l~ l&lb;- R...:lO
(;",f'lW_I\)U,flt!;;(!Mtilli
r1~OPOSED LOT 2R1
~,,'.)Il"'.,Jm;l,) I\-~Q~<)><iHr,.
Y", ,_'_,_,.'_., _....,"~. h"X'_"'~' _'0" ""__""" ~,' "",,.,-...._'^
-_,'__,"'O"<,V..'.'M"""" !__ ""__""",_"~,__,,,"m_~<..."""_
>"Yo h""~,, 'A".':"_~ '.,... "'"'''''~'_''"^''___''_'_''_~'''''''
PROPOS,EO l.OT lfa
l'~c.....:tDlClNG
"'. '~",.-:' ~.,.. ". '-' -, ,'''.-.~ ~ ...., .., ." ~""....->...., -----........
,.'~_",", ,._ ". .....~ ,...... "''''''''''w y-_
.~___._.""'''_..4__'_.'',.._...>.....,,_......'''<_..
_-~...,,,,''''''.......'......'''''''''r........,_....,''...'''',....'_....~,,-......,-...
~...., ".>W.o.,.. .'''_....'m_', ,._....,..", _".__......'__N<o'-.
"-"""'.M.._~..-.-_",,, _,~... ,.._-_,-_~_.""",_...~
"o>...h,""~~'''''''-'_'
';:::::",,;,;:;::r;,'"..=o:-~""'" .."".....,.,,-~,,-,..,...--...,
lOll,61.()C~ 1
nAY-IS PLACE
W"209;fffi, PRyel
~rAAll;; ;~M"~.r~' At:>
C,,~'*'l(lhj,''''',;kjl>''~
/
PR{)POSED
LOf2FU
'1,'~lMl.fl
c;,~J""", t)'>lf l.!<\<j.~<..~
LOT 3, BLOCK 1
DAVIS PlACf-.
A..I2'1A. PRTCT
Cl<4tm;JL';'(j,~.'R-~
C"I"~ ;JiM" A,.,~~,31
~it!dttrc(
t.OT :m, DlOCt\. I
DAVIS Pl.A{~t'.
A!278S. PRn'"
'N.O.;'~ ''''''''''
;:".'~>".'/'"
h"~'''''ji,''
~h~. A",~.;~"'"",
~<yrtlt.~(;<;t<<
;:.A"l$"'-olCf
"'VM.l'fm".1
AHDERSHOCK. HlZl.EN
12111C'l..lI-4."'. DATC1
t
I
!
b;sn"glc''1(i'g_R.-/c
CLP."l\J""';H4!~
PJ;:':';1"(~H1Vl'
ORDINANCE NO. 0-05-1525
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE,
TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL
ZONING MAP AND CHANGING THE ZONING ON 2.55 ACRES LOCATED AT
6112 AND 6115 HUNTER LANE, FROM THE AG-AGRICULTURAL DISTRICT
AND R30 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R40 SINGLE
FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application for a zoning change was filed by C.L. Madden on March 17,
2005, under Case No. Z-05-011; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration,
among other things, the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout
the City; 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
Ordinance 0-05-1525
Page 2 of 3
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.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance as if
copied in their entirety.
THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by changing
the zoning of said property from the AG-Agricultural district and R30
Single Family Residential district to the R40 Single Family
Residential district, as depicted in the attached Exhibit "A" and as
described on attached Exhibit "B".
THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive Zoning
Ordinance of the City of Colleyville as heretofore amended, and as
amended herein.
THAT any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as
provided for in the Comprehensive Zoning Ordinance of the City of
Colleyville, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense.
THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or unconstitutional,
the same shall not affect the validity of this ordinance as a whole or
any portion thereof other than that portion so decided to be invalid or
unconstitutional.
THAT in addition to and accumulative of all other penalties, the City
shall have the right to seek injunctive relief for any and all violations
of this ordinance.
THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be given
the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort and
general welfare, and requires that this ordinance shall take effect
immediately from and after its passage.
Ordinance 0-05-1525
Page 3 of 3
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
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT A - ZONING MAP
EXHIBIT B - METES AND BOUNDS DESCRIPTION
PROPOSED LOT 2R 1
PROPOSED R-40 ZONING:
The following described tract or parcel of land being a portion of Lot 2R, Block 1, Davis
Place, an addition to the City of Colleyville, Tarrant County, Texas, according to the
revised plat recorded in Cabinet A, Slide 2786, Plat Records, Tarrant County, Texas,
and being more particularly described as follows:
BEGINNING at the southwest corner of said Lot 2R, and being the northwest corner of
Lot 3, said Block of said Davis Place and being in the east line of Hunter Lane;
THENCE North 0 degrees 02 minutes 50 seconds East, with said east line of Hunter
Lane, a distance of 13.32 feet to a point on a non-tangent curve to the left having a
radius of 50 feet, a delta angle of 132 degrees 32 minutes 33 seconds, the long chord of
which bears North 06 degrees 13 minutes 26 seconds West, a distance of 91.55 feet,
said point being on the proposed right-of-way line of Hunter Lane;
THENCE with proposed right-of-way line of Hunter Lane along said curve, a distance of
115.67 feet to a point in said east right-of-way line;
THENCE North 0 degrees 02 minutes 50 seconds East, with said east right-of-way line,
a distance of 40.33 feet to a point for corner;
THENCE North 47 degrees 36 minutes 14 seconds East, a distance of 29.84 feet to
point for corner;
THENCE South 89 degrees 36 minutes 46 seconds East, a distance of 504.12 feet to a
point for corner;
THENSE South 0 degrees 00 minutes 14 seconds West, a distance of 105.00 feet to a
point for corner;
THENCE North 89 degrees 34 minutes 46 seconds West, a distance of 210.00 feet to
an ell corner of said Lot 2R.
THENCE South 0 degrees 01 minutes 40 seconds East, a distance of 59.80 feet to a
point for corner;
THENCE North 89 degrees 37 minutes 50 seconds West, along the north line of said
Lot 3, a distance of 306.30 feet to the POINT OF BEGINNING.
EXHIBIT B - METES AND BOUNDS DESCRIPTION
PROPOSED LOT 1 R2
PROPOSED R-40 ZONING:
The following described tract or parcel of land being a portion of Lot 1-R, Block 1,
Jennings Estates, an addition to the City of Colleyville, Tarrant County, Texas according
to the plat recorded in Cabinet A, Slide 6544, Plat Records, Tarrant County, Texas, and
being more particularly described as follows:
BEGINNING at the northeast corner of said Lot 1-R, said point being in the
southeasterly right-of-way line of the Fort Worth and Western Railroad;
THENCE South 0 degrees 02 minutes 50 seconds West, along the west line of Lot 1,
Block 1, Davis Place, as recorded in Volume 388-209, page 96 of said Plat Records, at
351.33 feet passing the southwest corner of said Lot 1 and the northwest corner of Lot
2R, Block 1, as recorded in Cabinet A, Slide 2786 of said Plat Records, continuing a
total distance of 391.58 feet to a point on a non-tangent curve to the left having a radius
of 50 feet, a delta angle of 67 degrees 08 minutes 57 seconds, the long chord of which
bears South 73 degrees 55 minutes 49 seconds West a distance of 55.30 feet, said
point being on the proposed right-of-way line of Hunter Lane;
THENCE with proposed right-of-way line of Hunter Lane along said curve a distance of
58.60 feet to a point;
THENCE North 65 degrees 52 minutes 19 seconds West, departing said proposed
right-of-way line a distance of 59.02 feet to a point;
THENCE North 04 degrees 34 minutes 22 seconds West, a distance of 266.36 feet to a
point in said southeasterly railroad right-of-way.
THENCE North 47 degrees 38 minutes 04 seconds East, along said railroad right-of-
way line, a distance of 174.00 feet to the POINT OF BEGINNING.
CITY COUNCIL
CC~(/l AGENDA BRIEFING
iC'Xi;\~
MEETING DATE: I 05/17/05
ITEM #: i 10
ORDINANCE #: ! 0-05-1526
CITY MANAGER I
DEPARTMENT HEAD I
FINANCE REVIEW i
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a Zoning Change from ML to eN on
1.93 acres located at 6513 and 6515 Colleyville
Boulevard, Case Z-05-012
First Reading and Public Hearing
Charles Davidson has submitted a request to change the zoning of 1.93-acres, located at 6513
and 6515 Colleyville Boulevard, from ML Light Manufacturing to eN Neighborhood
Commercial. The applicant is seeking a zoning change in order to develop the property for
retail, service and office uses.
The eN District is designed to be compatible adjacent to or near residential areas and to
provide goods needed by homeowners on a regular basis. The lot size maximum is small to
encourage small-scale developments, and hours of operation do not permit businesses to be
open at night.
The properties are located at the northeast corner of Colleyville Boulevard and Tarrant Lane.
The properties are currently platted. The applicant submitted a zoning exhibit with the
application and a copy is attached. The exhibit illustrates the current lot configuration as well
as a conceptual lot layout of how the properties would be replatted. In order to reconfigure the
property, approval of a subdivision replat will be required at a later date, upon approval of the
rezoning request.
The eN Zoning District requires a minimum lot area of 10,000 square feet. Both properties
currently exceed 10,000 square feet and meet the minimum lot requirements of the eN zoning
district. The proposed lots, shown on the zoning exhibit in light text and graphics, appear to
meet the eN zoning requirements. Approval of the rezoning request does not constitute
approval of the proposed lot layout.
The surrounding properties are primarily retail, office and light manufacturing in nature.
Property to the north is zoned PUD-C (Ordinance-03-1416), and is used for automotive related
uses. Properties to the east and south are zoned ML and primarily consist of storage units.
The properties to the west are zoned ML and PUD-C (Ordinance-00-1211) and are developed
as commercial and office uses.
Agenda Briefing
Ordinance 0-05-1526
Page 2 of 3
Impact Issues
1. Master Plan. This property is in Neighborhood 4, as identified in The Colleyville Plan. The
property is designated for future use as retail, commercial and office type land uses. This
request is consistent with the goals and objectives of The Colleyville Plan.
2. Surrounding Properties. The surrounding properties are developed as a mixture of
commercial, office and light manufacturing uses.
3. Development Trends. The development trends in this area primarily focus on office uses.
4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-
way. The developer is responsible for the extension of water and sewer service lines to the
individual lots.
5. Property Taxes. According to information available from the Tarrant Appraisal District, the
1.93-acre parcels are valued at $522,720. The estimated City property tax revenue for the
undeveloped property is approximately $1,816 annually. The future property tax revenue
would depend upon the value of the individual lot and the value of the building
improvements on the property.
6. Sales Taxes. The uses allowed in the eN zoning district will likely generate sales tax
revenue. It is possible that offices may generate taxable sales, but the effect on overall
sales tax revenue would be minor.
7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban
locations. Office developments are expected to generate 11.57 trips per 1,000 square feet
of floor area per day, on average.
8. Public Notification. Staff mailed notices to 25 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding this
request.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission considered this rezoning request on April 25, 2005, and recommended approval
(4-0).
Recommendation
Approval
Attachments
· Comparison of Existing and Proposed Zoning District Uses
· Zoning and Location Map
· Zoning Exhibit from Applicant
· Ordinance 0-05-1526
Agenda Briefing
Ordinance 0-05-1526
Page 3 of 3
Comparison of Existing and Proposed Zoning District Uses
R "d t. I EXISTING PROPOSED
eSI en la ML CN
Mobile home dwelling
Servants or caretakers quarters
s
s
EXISTING PROPOSED
Educational (privately operated) ML CN
Kindergarten, primary & secondary school S S
Vocational, technical and trade schools .
Business & professional school .
Community Facilities EXISTING PROPOSED
ML CN
Government buildings & Parks . .
Golf courses, & community buildings . .
Pubic maintenance & storage buildings .
Telecommunication tower (h) S
Solid waste disposal sites S
Cemeteries & mausoleums S S
Bus or train passenger terminals .
Railroad or motor freight terminals .
Automobile parking lots & garages .
Transportation vehicle storage yards or .
ara es
Airport, heliport, or helistop
Convenience store w/o gasoline sales .
Convenience store w/gasoline sales S
General retail sales .
Pharmacy .
Retail plumbing, electrical & hardware w/o .
outside dis la
Book & stationary shop .
Jewelry, camera, music - sales and/or repair .
Florist shop .
Vehicle sales w/outside disp" S
Automobile sales S
Gasoline service station S
Bldg. matI. w/outside stor. .
Services I Offices EXISTING PROPOSED
ML CN
Barber, beauty salons .
Self service laundromat S
Dry cleaners (station only) S
Veterinarian office w/kennels (d) .
Interior decorator shop .
Medical office wlo clinic .
General office .
Banks, financial institutions .
Contractor office wI yard S
Exterminator shop wlstorage S
Day care I day nursery S
Pawn shop .
Commercial I Service EXISTING PROPOSED
ML CN
Outdoor amusement S S
Archery & firearm ranges (f) S
Automotive repair & service w/o outside S
storaQe
Automotive repair & service w/outside S
storaqe
Laundry I dry cleaning plant S
Appliance repair shops .
Plumbing, heat, air condo & electrical trades .
shops
Upholstery, furniture repair .
Self service storage S
Industrial EXISTING PROPOSED
ML CN
Warehouse and distribution I office S
showroom
Printing and bookbinding .
Food packaging and manufacturing S
Research and development labs .
all other manufacturing S
Zoning and Location Map
D
NORTH
Zoning Exhibit from Applicant
I ~~i ~ ~"',~~~::>,/
AP .t;.'f / D4'~"<~/
~ ~ ~ I 4;-;':'~://
_ '~,;'5:';"'\~.", Y 8~$1 =~ - -. ""::::0:'.,7 -- M'"
W""."" / ~.~
7
.~' /
If; I
ill /
-!:I //, '"
1 /~)
~=~:;<~ //)0 ~ f
Ic';?
~
ij
I
I
I
:.;;;..,_J
TARRANT
LANE
~,
ZONED; OM[;"
..c_'S $1'D\WIIIlI, \Q. lun. I'li. 11:0. o.IILH;,T.
1I..OCll'.l"OMI':lt~~>>lr1'1,,,,,,,~,"JU.e..t
-+
i~
~ Ii
r'
t
q
9
FlltLD NQr6" D88CIUPTLON
r=,~a:.@..~~~.:l':'~~~-:E:~~~~~
...... u. 'fW_.........__....... _--. --.- - <If/t-.tLol."
::.---=--~=:rt-c-:=v.~.::.-.:.:: ~t...e.;:-..:. ~~~- ~ ~.,..~ ~
~.......... u..,...........-. _.a;,..... 1-..... ___
TIIIfIt:I....._..--. --...,...... _ "-'".......,.,..... - 1,1::"'_ --~
:::-="=':'.:~':t.-r-:::,:nu:~~::r=..~~-= -- /Ill" -- - r-
=-::\':...'"'t.,:"~~.:::.::,~~~~":"~':":~ ~*",."
_-*.. .................. I. ---._.. _.. ...."""'....T_.......-~ "'To~
~~... ....~~__ <If/t~ .........(ll'.., ~. -.. __ -........
=::'~...~~................ _ "".. .........-.- _ "-.-. It..........u. __..
n.:.:~.=1.~~=-~r..:.:~:-u:--= :-:-.:.:.=..:
.......... ____ _..........>> ___.___...... -..,..........., _ '"'..... 1.-'&.. ~ <IIt_
~~....~-='..~:r:::.~__~'t-.:.-r...-:'.c..:::n-=-............ - -.... *-*
_....... ......__M_ __...... ~ ...........-J'-'.. - ....,... -..-
W'UfS_.........~-....I--.."-"---
II
~
~
I
i
l<<m:;:i~~=-~~
~..
'"
,..~
1..../10'
OWNER/4.PPUCAN'T1
CItAJtl,.lK DAvmsON
P.O. SOX.:e..
Bt1lt1.I!:SON. TEXAS~ '7e01it7
81"1-23:3-453Q'
FAX - 817-.."-3008
r--8
.=.===~~
..
ZONING EXHIBIT SHOWING
LOTS 1 AND 2, 'BLOCK 1,
C..D SUBDIVISION
AN ADIllTION TO THE CITY OF COLLEYVlLLE.
TARRANT COUNTY. TEXAS
~ 1.-* ACRIIS OIF LAND
SITUATED ,... THE
A. .J. 1..0TT ~VeT", ASlS11'tAC.T NO. "'E>~
*.
EXISTING ZONING - .MI."
PROPOSIID ZONING - 'eN"
fHl'5 ~ HA-'> R((N ..-,,)f,IPllro ffiOl.I 1l,..-.oROS ANO QOCS loOT RU>1<:f.Sf.Nt
Ml ACTUAl ON THO. GIlOIJNCl 90R-.l:Y
1-
ORDINANCE NO. 0-05-1526
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE,
TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL
ZONING MAP AND CHANGING THE ZONING ON 1.93 ACRES LOCATED AT
6513 AND 6515 COLLEYVILLE BOULEVARD, FROM THE ML-LlGHT
MANUFACTURING DISTRICT TO THE CN NEIGHBORHOOD COMMERCIAL
DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application for a zoning change was filed by Charles Davsidson on
April 1, 2005, under Case No. Z-05-012; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration,
among other things, the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout
the City; 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
Ordinance 0-05-1526
Page 2 of 3
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.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance as if
copied in their entirety.
THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by changing
the zoning of said property from the ML Light Manufacturing district
to the eN Neighborhood Commercial district, as depicted in the
attached Exhibit "A" and as described on attached Exhibit liB".
THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive Zoning
Ordinance of the City of Colleyville as heretofore amended, and as
amended herein.
THAT any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as
provided for in the Comprehensive Zoning Ordinance of the City of
Colleyville, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense.
THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or unconstitutional,
the same shall not affect the validity of this ordinance as a whole or
any portion thereof other than that portion so decided to be invalid or
unconstitutional.
THAT in addition to and accumulative of all other penalties, the City
shall have the right to seek injunctive relief for any and all violations
of this ordinance.
THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be given
the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort and
general welfare, and requires that this ordinance shall take effect
immediately from and after its passage.
Ordinance 0-05-1526
Page 3 of 3
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
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT A - ZONING MAP
EXHIBIT B - METES AND BOUNDS DESCRIPTION
FlELD NOTE D/CSCIUP'l'ION
ALL that ~-4ft tnot. or- pa:roel of Ju4 .u.uatecl ill the .A.UW.DII ,. LO'l"I' 1IUIlffi'. .&IJS'I'IU,CI' NO. ... 'h.J'n;D.t. Cowl..
Tezu ... ..... . paI'UoD of LoU 1 ... .. Block 1. C-D SIa.~ aD ,WtIlUoD to the ~ of Colle7riD*. rarnnt
Co1mtI'. 'I'eI:u ~ to_ .. ... ....... ill V...... 8I8-1H. .... eo. Plat Ilec.... runat CGaIdi1. Tau. aa4 'beiDa
moI't'l ~ ......... __ ...... ... 1MNaU u toDow:
BIOOOIING at . 1/8 t.a.dI. ..... roll fo1IDIl ,or- ... ...... DGI'lhed.'r ~ CGI'MI' of Rid Lot. 2;
'I'IIINCX IWI'I' with .. .........,. .........., IID8 at .... Lot. 2 . .u.taaoe at aoo.oo feet. to . 1/8 tach IIteel :ro4 fouad for
u.. ~ ...... tIuInoI. .... .. ~ OOII'IUII' of Lot. a. Block: .. PaDoe J.1IlHtIoa. .. ~ totlut a\7 of
c..,.. ~ to IIae JiIat. ~Ia c.blut .&. .... lM2. ... Plat .......
'IIIIMCI SOUIB wit.b ... ....... 1Iovr'....., .. of ... Lot. . ... Lot. 1 of .... BI80It 1. C-D 8aWIftIdoa ad the. .........,
1MraIulu7 IIDe ot .... Lot 88 . ...... of ".10 reet. to a 1/8 laD 0UIIIIMl Ileal ..... ..,.. '"IIO.tZ SUKV JIfc- eet far
Ule _theut. 0HD8I' of Riel Lot. 1. ..... .. u.. ~ ript-or-w.;.... oJ ~ Laae;
'1'IDDfCI WIS'I' with Rid ......11 dPt.-of.....". u.. ... the lI01lIII.eri.J bo'IID.du7 lIILe ot .... Lot 1 a ~ of lS78JN1
teet to . Tau DeputmeBt.of ~tioIl 1Ioa_t. fooa4 for Ul.e .-UnrelJt. 00I'D8I' of ..tel Lot 1;
TBlNCB NOI'tb. 11 ......... 00 Ddallta 10 ~ ...... . cJ.bdaaoe of 14..10 feet. to . TaU DeparlmeD1 of Tn.DlIpodatloll
MaaUlDAlDt fouD4 .. the ~ npt.-oI-wlI7 tiDe of CoJ1eJ'rilh Bo1IJ.eoruIl (U.s. ~ 28 - a YIlriable 'lriclth putblie
dPt-of-woy); abo W:Da the ".,..1--1 of . 0'U.I'ft to the ftaIlt. ....... oiI:D.t.r .... SIndh 81 ...... 46 mlaute. 01
MOOJt;4II .... at. 1800.10 lHt;
'I'BDCI If~ w1tb .... CVftI to tM dallto .... .. ua 1eD&OI of lat.. feot. . atatnI ..... of 02 ...... 1-4
_iftut- . 1eODDd.. ... . ... of If..... .. ...... 22 mIa.... Ul ....... ... at 10lUd: 1M\. to a TGU Depa:rblulnt
0' ~ MoD_' Iwad in .... --t1iC1d7 ~--r;
'I'IIIDlCl North . ........ 38 ...... 12 ....... But. 1dt.:t& ... ........_ 'M'aIuIu'7 Jiae of uN Lot 2 a diftaDoe of 16~
reet to . 1/8 iaoh CJtlPPIICI ateet roll daIDpe4 -....oAI: SUIIV me- Nt flroIIl wJaich .... Sout.:t& ao ...... 12 ~t.B U
HCoacla ...... at 0.68 tHt to . tau ...........' ot ~ ~ ,owuI; .'
1'IRNCB NortII 61 ..... l5IJ~ M ~... witb..... ~ ~ IbIe · dIIItU.Oe of 31" feet. to Qu
PJ..,U:B OF amJNKING ... aoat.lai__1 1.8888 ...... of Iuul .... 01' lea:
CITY COUNCIL
ellY Of
rc:ece AGENDA BRIEFING
TC'~.d
MEETING DATE:
ITEM#:
RESOLUTION # :
05/17/05
11
0-05-1527
CITY MANAGER I
DEPARTMENT HEAD I
FINANCE REVIEW f
Previous Action: None
DEPARTMENT: ENGINEERING
SUBJECT: Approval to Amend Section 2 of Ordinance 0-04-
1493 relating to the Fiscal Year 2004-2005 Budget,
to authorize the expenditure of $300,000 of
unappropriated fund balance of the General Fund
for the engineering and construction costs for the
Tara Subdivision drainage work
Reading and Public Hearing
At the March 1, 2005 City Council meeting, staff was directed to re-evaluate the streets within
the Tara Subdivision. A report was presented to the Council at the April 5, 2005 Pre Council
meeting. A copy of the report is attached.
At the April 19, 2005, Pre Council meeting, staff was directed to proceed with the hiring of an
engineering consultant to design the underground french drain system. RFP's have been sent
to several engineering firms. Staff expects to bring an engineering contract to City Council at
the June 21,2005 meeting.
Financial Impact
Amendment of the General Fund Budget by $300,000 using the unappropriated fund balance.
Based upon current year end revenue projections, it appears the fund balance will be
replenished at the end of FY2005, due to greater than anticipated sales tax and building
revenues.
The estimated engineering design fees are $25,000. The estimated construction of the
drainage improvements is $275,000.
Recommendation
Approval
Attachments
. Staff Report - March 30, 2005
. Tara Subdivision Map Plans
. Ordinance 0-05-1527
MEMORANDUM
ENGINEERING DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
Bill Lindley, City Manager
Keith Fisher, Director of Public Works
Tara Subdivision
March 30, 2005
As per the direction of the Colleyville City Council on March 1, 2005, we were
directed to re-evaluate the streets within the Tara Subdivision. Staff has spent
the last several weeks analyzing the infrastructure within the subdivision.
Several elements were taken into consideration during field inspections. They
were as follows:
1. Pavement condition
2. Subgrade condition
3. Curb & gutter condition
4. Presence of groundwater
Each street was reviewed for the above conditions and recommendations were
made based on these evaluations.
The City also consulted with Charles Jackson of CMJ Engineering onsite to
review the findings and make any necessary modifications based on his
experience and expertise.
The following options are a result of this work:
1. Bond Option
Scope: Complete reconstruction of the subdivision which
includes the water system, storm drainage system, sanitary sewer system;
french drains, concrete curb and gutter, easements, and landscaping. The
streets would be reconstructed in 6" concrete. See Exhibit #1
Cost: $3,910,000 (includes a 20% contingency)
2. Overlay & Reconstruct Option
Scope: The full depth asphalt reconstruction of Plantation
Drive, Plantation Ct, Copperwood Ct, Butler Ct, 275 If of Tara Dr, Trail Bend
Ct, 650 If of Crest Dr, Fairhill Ct, Glen Ct, and Crest Ct. Also included is the
installation of approximately 6,000 If of a french drain system, the
replacement of approximately 1,025 If of concrete valley gutters, and the
replacement of 1,000 If of concrete curb & gutter. Elmwood Ct, Magnolia Ct,
Ashley Ct, Wood creek Ct, Greenway Ct, Plantation Ct-north, and the
remaining sections of Crest Dr and Tara Dr would be milled and a 2" asphalt
overlay placed on these streets. See Exhibit #2
Cost: $1,650,000 (includes a 20% contingency)
3. French Drains & Major Pavement Repair Option
Scope: The installation of 6,000 If of french drains and the full
depth repair of the major pavement failures within the subdivision. See
Exhibit #3
Cost: $710,000 (includes a 20% contingency)
4. Plantation Drive Reconstruction Option
Scope: The full depth pavement reconstruction of Plantation
and the installation of 6,000 If of a french drain system. See Exhibit #4
Cost: $980,000 (includes a 20% contingency)
5. Crest Drive, Tara Drive and all Cul-De-Sac Option
Scope: This option would be a combination of full depth
reconstruction and the 2" milling and overlay of the cul-de-sacs, Tara Dr and
Crest Dr. Also included would be the replacement of 1,025 If of concrete
valley gutters. See Exhibit #5
Cost: $670,000 (includes a 20% contingency)
2
w..-----' - .-,..-.. ----e==..====~"'~:~=.=,=_~c.==-===c,~ '~C~"=~~'===-=~'=""C-:'=7ll_=~_=I==--
11------- z Ii I
g Ii z'~
G I 0......
::> i ....
~w itl+~~
I/) Z ....
tjfu 01 ~-'-'
u 6 ~ . ::>
~tj ~I 1/)8
~u ~N
.-: , <-l
fb .0 ! .- ~I'
a .' IQ.
~ L-~J1
I
II
,
a.
I
~z
00
0....
ct.1/)
I ffi~
I ..)....
~ 8~ J
' <::>
1/)1/)
l-.--..-----.=.=~~7=:..==='"c=:.~-~=__===_~===~.c.=. :==~==~=.~=_.=.~::=. .:.':='=~=., _
"_.~--..._,._--- .
r-':':';:"~-----'--"-
-' ~ ;;:. -:;.. . ~-_.:::- ."':.:..:::.::_".:..;: ::.:..;;.....-.;-:...::::...:.=..::...---=-=. :"'=::::'~--;:"":";:"'';;:-:';';;'=-.;:'_:;'--_:~~:'::~'.:::-:-;--- :". -'~Ir =-=":;"':;';';"':'-::'-'::':;::;::;=l-r'::'--':';!
Z :i!: Ii
I- 0 !i I I:
~ ~ II Z\IGI11
I- ~ :s q 0 ......!
~ ~ ~ ~ 11+~!~11
>- u to V) z ~LJ.
'< :s Cf. ~ 0 c:o -~,
~ ~ ffi ~ ~ ~ 81
o :I: l: '< , '< NI
oCf t: ::> Cf. I Cf.
~ ~ ~ i Ii ~ ~I,
~ ~ ~ ff ll---=-ll
II Ii
II
I
II
Ii
II
II
II
I
I
I
I
I
z.
!
~
~z
80
Cf.ti1
m~
3~ <J
Oc:o
'<::>
V) V)
L~=7~~C'==----_._---~---_=='C=~~-=~=='o.c===,".:~="'-===~==- _.-
I-~=-.===~~- -
-- -----==::..--=-:.=-~-.::-~..::...:;-'_-:::.-::;~.,;.:..:;;;.'..::::.._- - -----
_:::,.--==-------=.-_.-
I
I
I
z.
z
o
C/. j:
H '<
'< ..J
Q., ..J
W '<
C/. to
I- Z
Z H
W Z
~ H
W '<
> C/.
~ 0
C/. :I:
o U
.., Z
'I( w
~ ff
I
I
I
I!
II
Ii
I
I
II
I
I
i
!
I
l.co- ----,c..,
~Z
80
C/.t;
m~
..JH
00
Oco
'<::>
11)11)
i
,
I
!
I
I
I
i
i
,_C~~-~~... - un. -_=._~~=- -- -- . :j
_.,",..._ . _..,.,.__." _____::::...-.::......;.....:..."",.:..:.,.-.-. ..__~."-::-_.. ___.._ .J
. :.'-:=l-r-=";..=~~'='=r-O-l]
I I I,
'I co I
t Z U
. 0......
~ +~~I
H .
o 0, d
~ co 1.1
~ ~ 81
C/.' Nil
'< ..J11
I- ~l
l .~il
.==,=- 1l4:
,I
I,
Ii
Ii
:1
:1
!I
I:
il
11
:1
:1
Ii
II
II
!
I
Q~O:fQ38 I
!I=~-~ =~,,==, =
I!
I!
II ".
Ii
I:
!I
Ii
:1
II
I
I
II
Ii
i
[
I
l_ ____=~_=_==__-_~_=='=__=-.==..=
- -.-
J-
Z
w
~a:
~D
:SZ
8;;0
a:~
J:~
J-J-
a..z
W~
D..J
a..
..J
..J
::>
u.
z
o
~
~
..J
..J
~
~
Z
H
Z
H
~
a:
CJ
J:
u
Z
w
a:
u.
_'-'-':C.:'- -' 07.-'-' ~~-~'._-:: -;-::'':::..:'::;,;;''':--'''' ."'----::0'::::':;;:; '1f --,-+-_..
I:
I: z el,
Ii 0......
" H u.
~d~,~~!
~ Il"ili
o I ~ cJl
Ii ~ ~II
'I a.. ,
II__=___:J
II
I
i
I
I
I
II
II
Ii
I
I,
,
,
I
I
I
~z
00
OH
a: V)
m~
..JH
DD
Dm
~::>
V) V)
--~J
-- ----=-==-==_::::....:==_.:-~_.-
....::::...::=.~-=--.;;,:~.:_.-....::;.:'::...:;,::;---==:..=-~----- ---~-~-"-,.,.
[r~-~-=~~'-~~-. . - ----
r
II
[I
II ~
I: ..~-
Ii
II
Ii
Ii
II
II
II
;1
II
II
II
II
II
II
I;
;1
II
II
ii
it
II
II
Ii
II
II
Ii
I
I
I
,I
I
I
i
I
I
I
!
I ---.----
- . --
.... z
it 0
.... ~ S
Z W -l
W \J -l
~ < <
W -l ....
>- \J fu \/)
< :SCi.~
-l
Ci. ~ Ci. Z
W ~ W H
~ J: ~ <
~ t: ~ ~
~ ~ ~ G
~ ~ ~ it
::> < Ci.
N u..>u.
II
~z
00
OH
Ci.\/)
ffi~
-lH
00
Dco
<::>
\/)\/)
-,:c=;~=_;=_:_:::__=::::::=....::::...-_-~ '-
- --.-- ----..-.::....::..~.:::..'-::__lr.2.~-.1
oo.c~~r- )G!l
I 21'i
~ i + ~I,~jl
~ ' ~IIO!
& I <121
L__j~!
11
II
I
I
I
[I
II
il
II
!i
~ i
'I
I
'I
I
I
I
I
I
!
i
.L:)
I
I
II
:1
II
il
II
II
II
Ii
I:
[I
I
I
I
II
I
I
I
,I
II
II
II
II
JI
_n__.. ___._._ I
-- -,.,."-..--
ORDINANCE 0-05-1527
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0-04-1493 RELATING TO
THE FISCAL YEAR 2004-2005 BUDGET, TO AUTHORIZE THE EXPENDITURE OF
$300,000 OF UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE
ENGINEERING AND CONSTRUCTION COSTS FOR THE TARA SUBDIVISION
DRAINAGE WORK; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council desires that additional funding be added to the Street
Department budget (line item Account 001-33-6620), in the amount of
$300,000 for the engineering and construction costs for the Tara Subdivision
Division and the source of the funding is the unappropriated fund balance;
and
WHEREAS, the appropriation was not included in the Fiscal Year 2004-2005 Budget
approved by the City Council; and
WHEREAS, the City Council finds that the adoption of this Ordinance is in the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec.1.
THAT all of the above premises are found to be true and correct and are
hereby incorporated into the body of this ordinance as if copied in their
entirety herein.
Sec. 2.
THAT appropriations in the annual budget for Fiscal Year 2004-2005 as
adopted by Ordinance 0-04-1493 are amended to read as follows:
General Fund
Utility Fund (Water & Wastewater)
Debt Service Fund
Drainage Utility Fund
$14,595,071
$ 8,468,927
$ 2,132,271
$ 672,036
The additional $300,000 being added to the General Fund shall come from
the unappropriated fund balance.
Sec .3.
THAT the City Manager be and is hereby authorized to make the
appropriate change to the budget to reflect the changes noted above.
Sec .4.
THAT the effective date of this ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2005.
The second reading and public hearing being conducted on the
2005.
Ordinance 0-05-1527
Page 2 of 2
day of
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew e.G. Boyle
City Attorney
CITY COUNCIL
ci.Cy Qr
CC~'" AGENDA BRIEFING
Il:X;:l$
MEETING DATE: : 05/17/05
ITEM #: : 12
RESOLUTION #:: R-05-2546
CITY MANAGER I
DEPARTMENT HEAD !
FINANCE REVIEW,
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Consideration of appointment to the Celebrate
Colleyville Steering Committee
Reading and Public Hearing
There were five open positions on the Celebrate Colleyville Steering Committee. The
positions were advertised, four applications received and the applicants were appointed
at the April 19, 2005, City Council meeting. Staff re-advertised to fill the remaining
position and there are three applicants whose names are listed below and their
applications are attached.
. Allison Hinman
. Leslie Frazier
. Judy Myre
Recommendation
Approval
Attachments
. Celebrate Colleyville Steering Committee roster
. Applications for Appointment
. Resolution R-05-2546
Celebrate Colleyville Steering Committee
TERM: - December 2007
Ed Baker
6106 Highland Hills
Colleyville, TX 76034
W: 972.446.6611 x11
H: 817.481.8802
F: 972.446.6622
ebakerla>.shotcarr .com
TERM: April 2005 - December 2007
VACANT.
Linda Baker
4900 Behrens Road
Colleyville, TX 76034
H: 817.545.6898
chovawonla>.aol.com
TERM: May 2004 - December 2006
Stanley Hall
6100 Hillbrook Drive
Colleyville, TX 76034
W: 214.502.6589
H: 817.488.2996
shall10593la>.hotmail.com
TERM: April 2005 - December 2007
Michael Muhm
6607 Connie Lane
Colleyville, TX 76034
W: 817.329.3202
H: 817.329.3202
F: 817.488.8829
mtmuhmla>.comcast.net
TERM: April 2005 - December 2007
Richard Myers
99 Main Street, Suite 200
Colleyville, TX 76034
W: 817.488.4200 x102
H: 817.428.4028
F: 817.424.2448
mversla>. Realtvcapital. com
TERM: April 2005 - December 2007
Mike Taylor
5209 Coventry Place
Colleyville, TX 76034
H: 817.267.5407
M: 817.366.5557
michaeltavlorla>.swbell.net
TERM: April 2004 - December 2006
Jamie Thibodeaux
5612 Coventry Court
Colleyville, TX 76034
W: 817.416.6934
H: 817.858.9012
F: 817.329.1828
TERM: April 2004 - December 2006
Tom Westerman
308 Oak Valley
Colleyville, TX 76034
H: 817.485.0911
M: 817.300.0881
C0026011la>.airmail.net
TERM: May 2004 - December 2006
LIAISON
Jon Ayers
4808 Meandering Way
Colleyville, TX 76034
W: 817.267.9009
H: 817.267.1630
F: 817.318.0663
M: 972.571.6647
aversila>.ci. collewi lie. tx.us
Revised 04/20/2005
04/23/2005 05:50 FAX
~Ol
tRJ~
~nce
'I'~.lll..
'0 ~ @ L~1 ij'@ ~~-
I ., i, /; I' ~
..., ~." eli,,) U
Application for Appointment
Planning and Zoning Commission and Zoning Board of Adjustment
applicants are required to file Financial Disclosure and Business Conflict of Interest lonns two (2) business
days after the application deadline as advertised in the Public Notice. These forms are available on the
City's website at <hnp:/Iwww.ooIleyvi1le.comlboardslQpplication.asp> or by contacting the City Seaetary at
817.503.1130
Ms.
~Name: -ti1:n"''''1 ~1PLl _r0.Ch)ls
(Last) (First) ~ (MI)
Address: ?~ r. ~/; L~h-L ":? 205" C:lA./..ud~T>' 7~t:)3 If
. Home Tele~hone: (":2) 3, y. 9Lj ~...1 Work Telephone:
Vllffinnltively consent to the release of my personal e-mail address by the City.
E-mail Address: );/n "...,a.na.IJj~dH@.. u a hen. a:;,..fax:
,J
Board, Commission or Committee Appointment Desired: (') r ,~ J. wVl :5 ~.1 j L~ V'n I
Qualifications: (list educational background or experience that would assist you in
carrying out the duties of this appointment)
J) PI'~O (",7: f6:5k Fbrt"''' [}i/'..u...w. iJ~"J.:1d a'!: r.. /,~
:;:::::7. :;t::;/::l,ia~J~~~;z,;;j~;;~r
~ ~ I( Il' I I .
l~J"t;' Dt'/"-I?n nd J.Jr-4!~*5. TJ::1r Iml"1f"'.<.f- Qn ar-/"/~k_l
f 'yo....+h ~9ro"" [ ,
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
:;:.::~i :;II~:;~!;::?::~: ::~~=:M~= ~.
I.J/I) JuJp 1>1-<- ~ ~ rv-<. #.L t!o/I~ 'I ~ Qf~~ _
~-----
Do you understand that attendance and active support is required for each appointee?
_v'fes no
SignabJre: ~ Date: ~/-C:;I'c:JS-
Once the City Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
Thl8 Infonnation will become a Public Record.
City SecNUry, 100 Main Stnfet, CoNeyv"''', Texas 7fJQJ4, Phone: 817.503.1130 Fax: '17.503.1139
ccell~
TexaS
D rn@r:rO \.\I.V. )'m~::;:1--'
._.J~L-~ I~
:\. <i; '-i> .~:LO,J
CITY SECRETARY'S
Application for Appointme, _ OFFICE
u') - 0 <1 - :J ') P ~ ') . '
Planning and Zoning Commission and Zoning Board of Adjustment -', '- . :J iJ
applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business
days after the application deadline as advertised in the Public Notice. These forms are available on the
City's website at <http://www.collevville.com/boards/application.asp> or by contacting the City Secretary at
817.503.1130
Ms.
~
Mr.
Name:
les\\e.
(First)
A.
(MI)
f'fo:zJ. e of
(Last)
Address: u,lo()~ r:..",^~ci'l ~t".
Home Telephone: 8 \ , - 2.'S \ - ~C)l) q Work Telephone: -
/1 affirmatively consent to the release of my personal e-mail address by the City.
E-mail Address: \e5\\L~C\7\.C(' @ ~"Ma\' . roW\Fax:
Board, Commission or Committee A ointment Desired:
c,'M'W\\\~
Qualifications: (list educational background or experience that would assist you in
carrying out the duties of this appointment)
f\~o.~e \""<;''{' \1:) -\~ r'Y\^'-~\t\eA co\)e.r \e\\-E''t.
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
:r \\("k'-\e, ~V.)rt'l~ \'>e-\\e"\H.r\ -\Y\~\- -\"^e. ,<:\en C\~ mw\'W\u'Y'\'(\'l
i~... 'fi\fD'f'("tN~, n.\f\.A ~'" .W\.c. s\-(p~" "'\ 0 c-n'{Vl"(V\ll'Pt\\'1
c... ., ~ \ ~'\
Do you understand that attendance and active support is required for each appointee?
Lyes _no
Date: E' J \ I oS-
Once th City Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
This information will become a Public Record.
City Secretary, 100 Main Street, Co/leyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139
May 2, 2005
Dear City Council Members,
I am interested in serving on the Celebrate Colleyville Steering Committee to assist in the
planning and preparation required for the 2005 Celebrate Colleyville event in December. I am a
new resident to the City ofColleyville, and actually, a new resident to the State of Texas. Our
family was relocated to the DallaslFt. Worth area from Seattle, Washington at the beginning of
the year. We purchased our home in Colleyville back in February, and have quickly settled in to
our home, established relationships within our neighborhood, and have enjoyed learning and
exploring the community that Colleyville has to offer. Even though I have recently moved to the
community, I am anxious to begin serving the City ofColleyville in any manner that is
considered beneficial. I was very active and involved within my local community prior to our
relocation, so am familiar with, and have experience volunteering for positions within local city
governments.
My previous experience within local jurisdiction includes serving on the Duvall Planning
Commission, working on the City of Duvall Police and Parks Community Levy team, and
coordinating the children's activities during the City of Duvall's Community Celebration,
referred to as Duvall Days. My responsibilities as Planning Commissioner are outlined in the
attached resume. In addition, the City of Duvall was actively rewriting and adopting its
Comprehensive Plan, Future Land Use Map, and Development Regulations in 2004. Due to the
overhaul ofthree major city documents, a large portion of our Planning Commission meetings
were focused on reviewing and recommending changes to the these documents. During my
volunteer work for the City of Duvall, I had the opportunity to work extensively in support of a
community levy that was due to expire the end of 2004. I was responsible for writing and
submitting the levy's Pro-Statement to the Washington State Government, so that the levy could
be officially placed on the voting ballot. I acted as the contact person for the levy, and
volunteered time and effort taking calls and answering questions from concerned citizens within
the community regarding the levy.
In the Spring of 2004, I was involved with coordinating the children's activities for Duvall Days,
a community celebration held each year during the first weekend in June. I was an officer within
the MOMS Club of Duvall, and through our organization, was able to secure funding from local
business owners, and county and state programs, to help support the kids craft area and MOMS
Club portion of the community parade through funding or donated resources. I helped to
organize, prepare and stock the kids craft area which was free, and open to all kids throughout the
community.
In addition to my experience and volunteer work within city government, I hold a Bachelor of
Science in Civil Engineering from the University of Kansas. I am also a licensed Professional
Engineer and have several years of experience planning and designing large commercial
developments, including the permitting and approval process through city, county and state
jurisdictions within several states.
I have a enclosed a copy of my resume and available references with my Application for
Appointment for the Celebrate Colleyville Steering Committee position. Please feel free to
contact me, or any of my references, if you have any questions. I look forward to hearing from
the City of Colleyville and want to thank you for the opportunity to apply for the position.
Respectfully,
/=:i
./ . '<"-",.,. ,
,/-;:.'/'<:-~ 1~~
......' r . /'
EDUCATION
CERTIFICATIONS
WORK EXPERIENCE
Jan 2004-Jan 2005
Jan 99 - Jan 2002
July 97 - Jan 99
LESLIE ANN FRAZIER
6605 Kennedy Drive
Colleyville, TX 76034
(817) 251-4904
THE UNIVERSITY OF KANSAS Lawrence, Kansas.
Bachelor of Science: Civil Engineering.
May 1997
PROFESSIONAL ENGINEER
Passed the State of Washington Professional Engineer examination in October of2001.
ENGINEER-IN-TRAINING
Passed the Fundamentals of Engineering examination in October of 1996.
Duvall. W A
CITY OF DUVALL PLANNING COMMISSION
Planning Commissioner
.:. Reviewed Preliminary Plats, Final Plats, and Site Plans for proposed residential and
commercial developments within Duvall.
.:. Recommended specific revisions to the Landscape Code which included requirements for
screening of detention areas, tree preservation, open space, and planting designations.
.:. Reviewed the Land Use, Transportation, Capital Facilities, and Housing Elements of the 2004
Comprehensive Plan to ensure the goals and policies included in each Element were concise,
accurate and consistent with the future vision for the City of Duvall.
PACIFIC LAND DESIGN Seattle. WA
Project Engineer
.:. Provided site layout, permitting, and engineering design for commercial developments
within Washington, Oregon and Utah.
.:. Maintained stormwater management within project sites to meet jurisdictional
requirements such as quantity and quality control.
.:. Provided necessary roadway improvements including horizontal and vertical alignment,
channelization and drainage.
.:. Coordinated with developers, subconsultants, and architects to successfully accomplish
projects within scheduled parameters.
.:. Calculated cost estimates for projects ranging from conceptual to fmal design.
THE BOEING COMPANY Seattle, WA
Stress Analyst
.:. Researched engineering and profit possibilities of a 777 composite wing chord.
.:. Worked with design team to create composite parts while focusing on total expense,
production, and feasibility.
.:. Responsible for guiding group through preliminary construction, critical path analysis, and
structural safety concerns to reach most efficient design of composite chord.
Design Engineer
.:. Provided factory support by researching and designing critical changes on 777
passenger doors.
.:. Utilized CATIA for 747 door modeling and analysis.
.:. Compiled and developed wear and rework maintenance manual for 777 passenger doors.
May 96 - Aug 96 KANSAS DEPARTMENT OF TRANSPORTATION Garnett. KS
Inspector
.:. Supervised asphalt, soil, and drainage projects on major Kansas highway.
.:. Inspected base, top coat, and bridge overlay on Kansas interstate.
.:. Evaluated concrete composition at mixing plant and job site.
COMPUTER SKILLS AutoCAD, WaterWorks, CATIA, Composite Analysis Programs,
Microsoft Applications
AVAILABILITY
REFERENCES
Furnished upon request
Leslie A. Frazier
References
Becky Nixon
Mayor, 2001-2005
City of Duvall
28604 NE 151 sl Place
Duvall, W A 98019
(206) 595-5135
Doreen Booth
Director of Planning
City of Duvall
15535 Main Street
Duvall, WA 98019
(425) 788-1156
Michael Crowson
Principal Engineer
Pacific Land Design
1144 Eastlake Avenue, Suite 601
Seattle, W A 98109
(206) 522-9510
MAY-05-2805 :HU 05:42 PM
FAX NO.
p, 01
. .),
t;!JL..kI ~ .! ) h ,.. . j . \ /
.I'.':::"'i\.l\'!l:.
I . O>>~
-..
"D ~@. . I;} IJ.~l~ ~ I
M l\Y r 21 C ~1 U
Application for Appointment
Planning and Zorling Commission and Zoning Board of Adjustment
applicants are required to file Financial Oisdosure and 6usiness Confticl of Inwrest fofms two (2) business
days after the application deadirle as advertised in the Pub~c Notice. These forms are available on the
City's wabsita at~.U~J:iI~collev.vllle.CQmJb()ard;t1amili...qJ\ionaS~or b)l conlacLlng tha City Secretary at
817,503.11Xl
~~. \'\\ -:So . r4., rV
~;.'- Narpe: ~;; _ <::::: L (Fi~- -=:1 (JII -
~.dress~_~._~5~ --dIe Q..~~.
.~Jme_Telephone: ~ 1l:5 b7S~ ~2rk Telephone: 1J Ll ~ ?~n ~
--.--!.,~ffjrma~YeIY c:onsent to the release of my personal HnaU address by the City.
~~ard, Commissl'?D or Commltte~ Appointment D~ir:
,
Oualifications: (list educational background or e rience that would assist YOIJ in
carrying out the duties of this appointment)
_...~~_~~ G\.;5 ~Jc....t"~I.,p ~ I aAd. ~ ----
._~~..a.J"" 4~C.. ~-.d ~ tl .. ~ k> .I y_ : i'\.. ~ l *--.-
_Jl: 1 tt _~d._ ~ ~.DV C~'<fl" .: DJ"vUj-~.d---JtJDdC/~-
_._,~h.. t>+~-~.b~^- ~ d'f!:f, f ~ J _.J~Sl.LlL..
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
._~ 'o~,\~~~._~_b_,,~-.i~~)\)t6L~;~~~AG\.fJ'~
.w.'. \: "" .~~~~ t ~.!L4A 4. c- ~ be. ~.Q. if\... Ol-.LL"'
~_.~_~~J~~ . ~ ~1c;&{,i ^-----
active support'is required for etlch apPointee.? lj
_no
Date: 5b/o5
00 you understand that attendanc
as
Once t e Ci ncil h sition, your application will be removed from the file
and you mLlst reapply for openings.
This Information Will become a Public Record.
L. Cj~~tary, 100 Ma;n StnJet. CDlleyvllle, TeJUl~ 76034, Phone; 817.503.1130 Fax: 817.503.1139
RESOLUTION R-05-2546
A RESOLUTION APPOINTING A MEMBER TO THE CELEBRATE COLLEYVILLE
STEERING COMMITTEE
WHEREAS, five positions on the Celebrate Colleyville Steering Committee were
advertised; and
WHEREAS, four applications were received and the applicants appointed; and
WHEREAS, the remaining open position was advertised and three applications were
rex~}ved .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the following person is hereby appointed to the Celebrate Colleyville
Steering Committee to serve a two-year term expiring December 2007:
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
ABSTENTIONS ON THE
AYES,
DAY OF
NAYS AND
2005.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Mayor
CITY COUNCIL
C.itf or
(rJl~lell;;~ AGENDA BRIEFING
Tl~.,\:~$
MEETING DATE: 05/17/05
ITEM #: 13
RESOLUTION #: i R-05-2547
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW i
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Setting a date for the City Council planning meeting
Reading and Public Hearing
As part of developing the ensuing annual budget, the City Council conducts a planning
worksession to identify work objectives for the upcoming year. In addition to work objectives,
the meeting also provides direction for the City Manager in preparing the proposed annual
budget. To meet these objectives, it is recommended that the City Council consider a two day
planning format.
As an example, the first day would start at 5:30 p.m. and conclude at 9:00 p.m. The second
day would start at noon and conclude at 6:00 p.m. The location for both meeting days would
be in the Executive Conference room at City Hall. Based on this type of meeting format, the
City Council may consider the dates of June 2-3,9-10, or 15-16, which fall on a Thursday and
Friday.
The City Council has selected the 2006 Budget Worksessions for Thursday, August 4 (6:00
p.m.) and Friday, August 5 (1 :00 p.m.). Tentative dates for a second budget worksession, as
needed, have been scheduled for Thursday, August 18 (6:00 p.m.) and Friday, August 19
(1 :00 p.m.). These dates would provide an opportunity for the City Council to finalize the
budget in anticipation of it being approved in September.
This item provides an opportunity for the City Council to select a date and time for a planning
meeting.
RESOLUTION R-05-2547
A RESOLUTION SETTING A DATE FOR THE CITY COUNCIL PLANNING MEETING
WHEREAS, the City Council annually conducts a planning meeting to identify work
objectives for the upcoming year and provide direction to staff in planning
the proposed budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the annual City Council planning meeting will be held June
2005, at a.m./p.m., and June , 2005, at
a.m./p.m. in the Executive Conference Room at City Hall.
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
Mayor
citr Of
~
CITY COUNCIL CC~~~il(e AGENDA BRIEFING
1C';xa:)
MEETING DATE: 05/17/05 CITY MANAGER I
ITEM # : 14 DEPARTMENT HEAD '
RESOLUTION #:! 0-05-1524 FINANCE REVIEW I
Previous Action : TABLED 05/03/05
DEPARTMENT: FINANCE
SUBJECT: Approval to amend Section 2 of Ordinance 0-04-
1493 relating to the Fiscal Year 2004-2005 Budget,
to authorize the expenditure of $975,000 of
unappropriated fund balance of the General Fund
for the construction of the Senior Citizen's Center on
the site of the former City Hall Building at 5400
Bransford Road
Second Reading and Public Hearing
First Reading and Public Hearing
As requested by a member of the City Council, this item has been placed on the City Council
agenda for consideration. At the June 30, 2004 Council Worksession, the City Council
requested that staff pursue the selection of an architectural firm for the design and construction
of a new Colleyville Senior Center. In September 2004, the City Council approved a contract
with Brinkley Sargent Architects (BSA) for architectural design services. BSA completed
Phase I of the design, which included programming, master planning and budgeting for th€
facility. Phase II, which is currently on hold, is to include basic services to develop design and
construction documents, on-site civil, landscape design fees and interior design.
The programming and master plan study for the Senior Center provides for an approximatel~
6,000 square foot facility, replacing the former City Hall building due to its age and condition.
The new building will be designed for program elements including such activities as arts and
crafts, billiards, banquets and special events. The area adjacent to the proposed facility will
allow for future historical building pad sites to be relocated.
The overall design-construction-furnishings for the building is approximately $1,200,000. At
the August 24, 2004 meeting of the Colleyville Economic Development Corporation, the Board
of Directors approved $225,000 for Senior Center design and furnishings as part of the
Economic Development Capital Improvement Plan.
Financial Impact
Amendment of the General Fund Budget by $975,000 by using the unappropriated fund
balance.
Agenda Briefing
Ordinance 0-05-1524
Page 2 of 2
The estimated operational budget for the first year of the Senior Center's operation, including
start-up costs, is $171,425. This amount includes a total of $17,475 for start-up costs, which
will not be included in future operational budgets. Start-up items include office and program
supplies and office, computer and operating equipment. The current Parks and Recreation
Department budget includes one full-time position, contractual services and supplies for a total
of $45,084. The remaining $108,866 provides for operational services related to the new
facility.
Recommendation
A draft Ordinance is provided for Council consideration allocating use of Fund Balance.
Attachments
. Ordinance 0-05-1524
ORDINANCE 0-05-1524
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0-04-1493 RELATING TO
THE FISCAL YEAR 2004-2005 BUDGET, TO AUTHORIZE THE EXPENDITURE OF
$975,000 OF UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE
CONSTRUCTION OF THE SENIOR CITIZEN'S CENTER ON THE SITE OF THE
FORMER CITY HALL BUILDING AT 5400 BRANSFORD ROAD; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council desires that additional funding be added to the Parks
Department budget (line item Account 001-32-6620) in the amount of
$975,000 for the construction of a Senior Citizen's Center on the site of the
former City Hall building at 5400 Bransford Road and the source of the
funding is the unappropriated fund balance; and
WHEREAS, the appropriation was not included in the Fiscal Year 2004-2005 Budget
approved by the City Council; and
WHEREAS, the City Council finds that the adoption of this Ordinance is in the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec.1.
THAT all of the above premises are found to be true and correct and are
hereby incorporated into the body of this ordinance as if copied in their
entirety herein.
Sec. 2.
THAT appropriations in the annual budget for Fiscal Year 2004-2005 as
adopted by Ordinance 0-04-1493 are amended to read as follows:
General Fund
Utility Fund (Water & Wastewater)
Debt Service Fund
Drainage Utility Fund
$15,270,071
$ 8,468,927
$ 2,132,271
$ 672,036
The additional $975,000 being added to the General Fund shall come from
the unappropriated fund balance.
Sec.3.
THAT the City Manager be and is hereby authorized to make the appropriate
change to the budget to reflect the changes noted above.
Sec.4.
THAT the effective date of this ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2005.
The second reading and public hearing being conducted on the
2005.
Ordinance 0-05-1524
Page 2 of 2
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew e.G. Boyle
City Attorney
day of
day of
.~
TexaS
PLANNING AND ZONING COMMISSION
MEETING MINUTES - April 11 , 2005
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Commissioners Thomas Dolan, Dave Dudziak,
Thomas Bartkowski, John Blassingame and Jeff
Byerly were present.
Commissioners Luann Edwards and Denis Duffy were
absent.
Barry LeBaron, Chris Fuller, Amy Shelley and Robert
Woods from staff were present.
INVOCATION
The invocation was given by Commissioner Dudziak.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Byerly stated to change "tide" to "tied" on page 7 of 9.
Commissioner Bartkowski stated to change "pervious" to "impervious" on page 7 of 9.
Commissioner Byerly moved to approve the minutes of the March 28, 2005 meeting
with the corrections. Commissioner Bartkowski seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Blassingame, and Byerly
Nay: None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
REGULAR AGENDA ITEMS
PUBLIC HEARING AGENDA ITEMS
1. Case G-05-008- PUBLIC HEARING - Amendment to Chapter 3, Section 3.23
of the Land Development Code regarding Planned Unit Development Zoning
Regulations
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Dudziak stated liking this ordinance a little more and having
Planning & Zoning Commission
Minutes - April 11 , 2005
Page 1 of 4
questions about page 1, exhibit A, in the PUD-R, open space. Do we want to make
the open space available to all the residents of Colleyville, or just the residents of
that subdivision? Barry LeBaron responded because the lots are of different sizes
the intent is for the open space to be available for those residents and sometimes
maintained by the HOA of that development. Commissioner Dudziak stated needing
language to reflect private open space or public open space. Barry LeBaron stated
the language could be written for the particular PUD being presented at that time.
Commissioner Dudziak questioned staff about page 2, section 3B defining open
space, are the open spaces inclusive of entry ways? Barry LeBaron replied some
entry ways are very wide and therefore those medians become part of the open
space and the developer should be able to count that space. Commissioner
Dudziak stated the medians should not be included in the open space because they
are not a public space.
Commissioner Dudziak questioned if all of these rules and regulations apply to a
PUD-C as well? Barry LeBaron stated all rules apply to a PUD-C too.
Commissioner Dudziak stated commercial developments should not have any
additional burdens. Barry LeBaron stated the commercial open space areas include
the landscaped areas on page 2J. Commissioner Dudziak stated the language
needs to be made clear for commercial and residential developers. Commissioner
Dudziak questioned if non-residential means commercial? Barry LeBaron
responded yes. PUD uses are designated on page 1 paragraph E.
Commissioner Dudziak questioned staff if the Village should have to become 60
percent residential to become successful would it have to comply with these rules
and regulations? Barry LeBaron replied the new rules and regulations would not
affect any PUD that has already been approved. They would have to make an
amendment to their current PUD ordinance if any changes were to be made.
Commissioner Byerly stated the mixed uses would be outlined in the PUD ordinance
whether it is residential with commercial or vice versa.
Commissioner Dudziak questioned staff if the Commission would have that flexibility
in the ordinance? Barry LeBaron stated correct.
Commissioner Byerly and Commissioner Dudziak stated compliments to the staff for
the effort put in the PUD regulations.
Commissioner Byerly opened the public hearing at 7:30 p.m.
There being no one wishing to speak the public hearing was closed at 7:30 p.m.
Commissioner Bartkowski made motion to table case G-05-008. Commissioner
Dudziak seconded.
The motion to table was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Blassingame and Byerly
Nay: None
2. Case Z-05-011- PUBLIC HEARING - Zoning change from AG and R30 to R40
Planning & Zoning Commission
Minutes - April 11 , 2005
Page 2 of 4
on 2.55 acres located at 6112 and 6115 Hunter Lane
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:35 p.m.
C.L. Madden, 6112 and representing 6115 Hunter Lane, the applicant, presented the
request and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:35 p.m.
Kevin Master, 6212 Hunter Lane, representing Frankie Ann Stowe at 6212 Pleasant
Run Road, stated having concerns with water drainage.
Commissioner Dolan questioned Mr. Master who he was representing and what
particular drainage issue he was referring. Mr. Master replied Frankie Ann Stowe at
6212 Pleasant Run Road and the lake behind her property. Commissioner Dolan
stated the water being there because of the land fill next to her property. Mr. Master
stated the water currently does not have any where to drain. Commissioner Dolan
stated, in the past, the flow of water would be towards Shelton. The property next to
the Stowe's property is what is creating the water issue.
There being no one wishing to speak the public hearing was closed at 7:40 p.m.
Commissioner Byerly questioned Commissioner Dolan if the water Mr. Master is
referring to is being caused by a different property than the case being presented by
Mr. Madden? Commissioner Dolan replied correct.
Commissioner Byerly stated the drainage issue will be addressed at the time of
platting.
Commissioner Bartkowski questioned Commissioner Dolan where the water is
accumulating? Commissioner Dolan stated behind 6212 Pleasant Run Road.
Commissioner Byerly stated the drainage issue will be addressed at the time of
platting and the city engineers will look at the drainage to make sure there will not be
any more water than what the area can accommodate.
Commissioner Bartkowski stated developing this land may help the drainage
problems therefore the zoning should not be denied at this time.
Commissioner Dolan made motion to approve case Z-05-011. Commissioner
Bartkowski seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Blassingame and Byerly
Nay: None
STAFF REPORTS
Barry LeBaron stated staff will be setting up some additional workshops in June.
COMMISSIONER COMMENTS
Planning & Zoning Commission
Minutes - Apri/11, 2005
Page 3 of 4
ADJOURNMENT
The Commission adjourned the meeting at 7:45 p.m. by acclamation.
Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: April 25, 2005
Planning & Zoning Commission
Minutes - April 11 , 2005
Page 4 of 4
citY of
ilC9
Texas
PARKS AND RECREATION ADVISORY BOARD
MINUTES
Monday April 4, 2005
6:30 p.m.
Bob Leininger called the meeting to order at 6:30 p.m. on Monday, April 4, 2005 at the
Parks and Recreation office.
ROLL CALL:
Bob Leininger, Connie Hampton, Councilperson Elaine
Dolan, Councilperson Tom Hart, Councilperson Rich
Hendler, Jerry Birkes, Nancy Coplen, Pete Riis and Steve
Dalri
ABSENT:
Gil Turner, Pat Horn and Vince Rosen
STAFF:
Monica Walsh, Director of Parks and Recreation, Craig
Dishman, Recreation Supervisor and Dixie Smith,
Administrative Secretary
1 . Call to Order
2. Approval of the March 7, 2005 Parks and Recreation Advisory Board Minutes
Nancy Coplen noted that she should have been listed as absent. With the noted
correction, Steve Dalri moved to approve the March 7, 2005 Parks and Recreation
Advisory Board Minutes. Connie Hampton seconded the motion. The vote was
unanimous.
3. Discussion of Youth Sports Associations' Participant Numbers
Steve Dalri moved that the joint worksession with City Council, Parks and Recreation
Advisory Board and Youth Sports Associations' presidents or representatives that was
originally scheduled for May 9, 2005 be rescheduled for June 6, 2005 at 6:30 p.m. at a
location to be determined. Connie Hampton seconded the motion. The vote was
unanimous. Agenda items for the worksession were discussed.
Parks and Recreation Advisory Board Meeting
April 4, 2005
Page 2
4. 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.
5. Park Operations and Capital Improvement Status Reports
Monica Walsh, Director of Parks and Recreation, presented a status report on current
projects.
6. Citizen comments/presentations regarding items not on the agenda
Monica Walsh, Director of Parks and Recreation, reiterated Bob Leininger's email to
Board members that this item was for citizens who might attend the meetings and wish
to make a comment and/or presentation. The Board and staff cannot respond to the
comment and/or presentation at a public meeting unless it is on the agenda. Monica
Walsh also encouraged Board members to contact her at any time with questions or
comments.
7. Adjournment
Jerry Birkes moved to adjourn at 7:23 p.m. Connie Hampton seconded the motion.
The vote was unanimous.
Respectfully submitted and approved:
Ii / "'){' . '
j(:'::.~~.,~~,~,.t-''-'~ _ ><'~~'::'l_LL~Z../ i
Dixie S: Smith, Administrative Secretary
COLLEYVILLE PUBLIC LIBRARY
BOARD MINUTES
April 11, 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: Ginny Tigue and Susan Taylor
Ex-Officio Members absent: Mayor Joe Hocutt, Dr. Larry Darlage, Ret
Stansburger, Steve Banta and John Eubanks
Council Liaison Absent: Jon Ayers
Staff present: Mary Rodne, Paul Frederiksen, Bill Lindley
II. Approval of March 14,2005 Minutes - A motion was made by Carol Wollin
and seconded by Nancy Eytcheson to approve the March 14, 2005 minutes.
Motion approved unanimously.
III. LIBRARIAN'S REPORT
a. Monthly Statistics
Library Director Rodne distributed Colleyville Public Library March 2005
Usage Statistics, for review and discussion. Patrons had checked out a
total of 10,210 items, 144 Colleyville residents registered for library cards,
library patron visits totaled 6,337, attendance for programs totaled 528 and
volunteer hours totaled 194.25 hours. Rodne reported that several new
statistics, circulation last year, drive-up window and library website, had
been added to the reports. She also noted that the total circulation of
library materials this year was 50% higher than the total circulation of
library materials last year at this time.
b. Donations
Director Mary Rodne reported that the Library had not received any
donations in March.
c. Programs
Director Rodne reported that the winter session of Youth Services
programs had ended in April and that during the session, a total of 1,170
children and adults had attended. Rodne noted that a Story Time survey
had been conducted the final week and distributed the results to the
Board for review and discussion. The Board discussed how positive all
the responses to the story times had been. A motion was made by
Richard Roxburgh and seconded by Pat Jones that the Library Board
make a statement of commendation to youth services staff, Melissa
Hassell and Allison Johnson on their expertise in presenting outstanding
Youth Services programming. Motion approved unanimously
Director Mary Rodne gave an update on programs scheduled for the
Library's Summer Reading Program, Superheroes, Powered By Books,
which is scheduled to start June 6th and end on July 23rd.
IV. POLICY REVIEW AND DISCUSSION
A. Non-Resident Patron Use Policy
Library Director Mary Rodne presented an overview of the Colleyville
Public Library Non-Resident Use Policy, an update on the closure of the
Bedford Public Library, non-resident service information for area libraries,
and various options to consider in providing service to non-resident library
patrons. City Manager, Bill Lindley, reported on the administrative policy,
effective on March 31, 2005, which had been forwarded to the Library
Board. Chair Pat Jones then opened the floor for discussion. After a
lengthy discussion, Bonnie Carrol made a motion that the Library Board
wait in making a decision regarding service to Bedford library patrons
until more information was available for either a special meeting or the
regular May 9, 2005, Board meeting and to continue with the present
policy. Carol Wollin seconded the motion. Motion approved
unanimously.
V. REVIEW AND DISCUSSION OF CITY OF COLLEYVILLE FY 2006 BUDGET
SCHEDULE
Library Director Mary Rodne presented the City of Colleyville FY 2006 Budget
Schedule for review and discussion and noted that proposed Departmental
Base Budgets were due on Friday, May 6, 2005.
VI. BYLAWS REVIEW
Director Rodne commented that at the March 14, 2005, Library Board
meeting clarification of the annual meeting time was requested. Rodne
indicated that the time of the annual meeting was specified in the Bylaws and
that no further review of the Bylaws was needed at this time.
VII. LIBRARY LONG RANGE PLANNING PROCESS UPDATE
Director Mary Rodne reported that registration for The New Planning for
Results online course had been completed, and that Joan Cochran and she
would be taking the course. Planning committee options were presented and
discussed. Bill Lindley, City Manager, commended the Library Board on their
efforts in finding a very qualified volunteer facilitator.
VIII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT
President Susan Taylor gave highlights of the Friends of the Library
sponsored 5th annual Millionaire event held on April 8, 2005, at the Colleyville
Center, and noted that the event had been very successful. Taylor reported
that, to date, the financial report for the event had not been finalized.
IX. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT
President Ginny Tigue announced that the Library Foundation was working on
several projects, a book to honor donors for display in the Library, the annual
mailer fund raiser and the annual book-themed dinner. Tigue noted that the
dinner was tentatively scheduled in November and that the theme was going
to be based on mystery books.
X. SUGGESTED ITEMS FOR FUTURE MEETINGS
XI. CITIZEN COMMENTS
None
XII.
ADJOURN: A motion was made by Bonnie Carroll and seconded by
Susan Potter to adjourn the meeting. Motion approved. The meeting of the
Colleyville Public Library Board was adjourned at 8:17 p.m.
MINUTES OF THE
COLLEYVILLE ECONOMIC DEVELOPMENT
CORPORATION BOARD OF DIRECTORS MEETING
APRIL 28, 2005
The meeting of the Colleyville Economic Development Corporation Board of Directors
was called to order by President John Ayers on April 28, 2005, at 6:35 p.m.
ROLL CALL:
Directors Elaine Dolan, John Gray, Rich Hendler and John
T erhoeve were present. President Jon Ayers, General Manager
Bill Lindley, Finance Manager Terry Leake, Economic Development
Manager Scott Welmaker and Secretary Cynthia Singleton were
also present.
Director Mark Skinner was absent.
Mr. Jim Sabonis of First Southwest Company also attended.
CONSENT:
2. CONSIDERATION OF CONSENT RESOLUTION R-05-69 - CONSENT ITEMS:
a. Approval of minutes of the Colleyville Economic Development Corporation
Board of Directors meeting held December 1, 2004
b. Approval of Pledge Agreement with the Federal Reserve Bank for bank
depository account collateral
President Ayers opened the public hearing and read Resolution R-05-69 in its entirety.
There was no one present wishing to speak concerning this item and President Ayers
closed the public hearing.
Director Hendler moved to approve Resolution R-05-69.
Director Dolan seconded the motion.
Ayes: Directors Dolan, Terhoeve, Gray, Hendler and Ayers
Nays: None
President Ayers declared the motion carried.
CEDe MINUTES
APRIL 28,2005
3. READING AND PUBLIC HEARING - RESOLUTION R-05-70 - Approval of
authorized depository signatures
President Ayers opened the public hearing and read Resolution R-05-70 in its entirety.
There was no one present wishing to speak concerning this item and President Ayers
closed the public hearing.
Director Dolan moved to approve Resolution R-05-70.
Director Terhoeve seconded the motion.
Ayes: Directors Dolan, Terhoeve, Gray, Hendler and Ayers
Nays: None
President Ayers declared the motion carried.
4. REVIEW AND DISCUSSION OF FUNDING FOR ECONOMIC DEVELOPMENT
PROJECTS
Economic Development Manager Scott Welmaker reviewed projects acceptable for
funding with CEDe revenue.
There was general discussion regarding various economic development projects that
may be funded with CEDe funds, including City festivals, a summer concert series,
traveling exhibits, an art gallery hosted at City facilities and entryway monuments.
Discussion continued regarding the development of a merchant's association, marketing
venues for new and existing businesses and festivals, development of a cultural theme
for the City and the cost and location of City entryway monuments.
The CEDe Board requested that staff present advertising options to City boards,
commissions and committees that organize City events and provide information related
to the design, cost and location of entryway monuments.
5. AUTHORIZATION FOR THE GENERAL MANAGER TO INITIATE
PROCEEDINGS FOR THE REFUNDING OF THE OUTSTANDING 1997 AND
2000 SALES TAX REVENUE BONDS
Finance Director Terry Leake provided an overview of the bond refunding scenarios and
answered questions of the Council.
2
CEDe MINUTES
APRIL 28,2005
Mr. Jim Sabonis of First Southwest Company reviewed the proposed schedule of
events for refunding and related costs associated with the issuance and was present to
answer questions of the Council.
Discussion ensued regarding refunding and the CIP funding program.
Board members requested information regarding interest rates and that staff provide
additional information regarding the refunding of the outstanding 1997 and 2000 sales
tax revenue bonds.
The CEDe Board determined that a Colleyville Economic Development Corporation
meeting would be held May 11,2005, at 9:30 a.m.
6. READING AND PUBLIC HEARING - RESOLUTION R-05-71 - Discussion and
Consideration of a Resolution ratifying Corporate Board action for the meeting of
April 28, 2005
This item was not needed.
ADJOURNMENT:
6. ADJOURNMENT
There being no further business before the Board, President Ayers declared the
meeting adjourned at 8:35 p.m.
APPROVED THIS
~ AYES
//7t DAY OF
o NAYS AND
YI"J a:J 2005, BY A VOTE OF
o ABSTENTIONS.
3
RESOLUTION R-05-2548
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
MAY 17, 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
Mayor