HomeMy WebLinkAboutCity Council-Agenda Packets-8/16/2005
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CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
100 MAIN STREET
AUGUST 16, 2005
5:30 P.M. - PRE-COUNCIL AGENDA
EXECUTWECONFERENCEROOM
THIRD FLOOR
PC-1. Discussion of Citizen Budget Education Day
PC-2. Discussion of planning efforts by Keep Colleyville Beautiful Committee
PC-3. Presentation of the Monthly Financial Report - July 2005
PC-4. Presentation of the Quarterly I nvestment Report
PC-5. Discussion of the August 16, 2005, City Council regular agenda items
REGULAR AGENDA
6:45 P.M. - CALL TO ORDER
ROLL CALL
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Sec. 551.071 -
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
Sec. 551.071 -
100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000
Sec. 551.072 -
Sec. 551.072 -
Sec. 551.072 -
Sec. 551.074-
Sec. 551.087 -
Property Acquisition
Proposed Sale of Property - 5500 Colleyville Boulevard
Proposed Sale of Property - 5100 Colleyville Boulevard
Personnel - City Manager's Performance Evaluation
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
INVOCATION: Neda Moayad of Colleyville Baha'i Community
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
EXECUTIVE SESSION:
2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2579
3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
PLAQUE - In recognition of service on the Sidewalk Committee - Mrs. Dulce Moore
CONSENT:
4. READING AND PUBLIC HEARING - Resolution R-05-2580 - Consent Items:
a. Approval of minutes of the regular City Council meeting of August 3, 2005
b. Approval of a Preliminary Plat for Preston Oaks Addition on 83.7 acres
located at 6816 Murphy Road, Case P-05-029
c. Approval of a Contract with Pattillo, Brown & Hill, L.L.P., for audit services
for fiscal year ended September 30, 2005
d. Approval of a Lease Agreement with Municipal Services Group, Inc. for
an asphalt distributor and mini excavator/skid steer loader
e. Approval of a Waiver for the Colleyville Girl's Softball Association
(CGSA) for use of the Colleyville City Park game fields
f. Approval to Purchase eleven (11) mobile lap top computers for the Police
Department patrol vehicles through the Texas Local Government
Statewide Purchasing Cooperative BuyBoard, in the amount of $54,369
PUBLIC HEARINGS:
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1535 -
Approval of a Special Use Permit for a covered carport on Lot 6, Block 1,
Woodbriar Estates West Addition, located at 3609 Cliffwood Drive, Case Z-05-
020
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1536 -
Approval of a Zoning Change from AG-Agricultural to R30-Single Family
Residential on 0.8 acres of the S. Cotrail Survey, Abstract 328, located at 2212
Glade Road, Case Z-05-021
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1537 - Approval
of a Special Use Permit for alcoholic beverage sales on Lot 3, Block 3, Village
Park Addition, located at 4913 Colleyville Boulevard, Case Z-05-023
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1538 - Approval
of an Amendment to Chapter 3, Land Use regulations of the Colleyville Land
Development Code regarding movie theatres, Case Z-05-019
9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1539 - Approval
of replacing Ordinance 0-05-1518 for the establishment of school zones within
the City of Colleyville
10. READING AND PUBLIC HEARING - Resolution R-05-2581 - Consideration of
appointments to the Historical Preservation Committee
11. READING AND PUBLIC HEARING - Resolution R-05-2582 - Approval of a
Construction Contract with C. Green Scaping, L.P., for the McPherson Park Trail
Project, in the amount of $109,360
12. READING AND PUBLIC HEARING - Resolution R-05-2583 - Approval of
the project list for the 2006 Tarrant County Bond Election
13. READING AND PUBLIC HEARING - Resolution R-05-2584 - Approval of a
Proposal to set the tax rate for FY 2006 at $.3474 per hundred dollars of
valuation and setting dates for two public hearings on the FY 2006 tax rate
REPORTS:
14. PLANNING AND ZONING COMMISSION MINUTES - July 11,2005
PARKS AND RECREATION ADVISORY BOARD MINUTES - July 11,2005
ZONING BOARD OF ADJUSTMENT MINUTES - July 14, 2005
LIBRARY BOARD MINUTES - July 18, 2005
PLANNING AND ZONING COMMISSION MINUTES - July 25, 2005
CITIZEN COMMENTS:
15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 16, 2005 -
Reading and Public Hearing - Resolution R-05-2585
ADJOURNMENT
17. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 12,
2005, at 5:00 p.m.
~
Cynthia Singleton, TRMC
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened for
public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
PRE COUNCIL
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AGENDA BRIEFING
MEETING DATE: 08/16/05 CITY MANAGER ~
ITEM # : PC-1 DEPARTMENT HEAD
;
FINANCE REVIEW ;
Previous Action: None
DEPARTMENT: OFFICE OF THE CITY MANAGER
SUBJECT: Discussion of Citizen Budget Education Day
This item is provided as an opportunity for discussion among the City Council as a follow up
from the Citizen Budget Education Day held on August 13, 2005. In addition to this discussion,
the agenda item allows an opportunity for the City Council to consider a need of whether to
hold the tentatively scheduled budget worksessions scheduled for August 18 and 19,2005.
PRE COUNCIL
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AGENDA BRIEFING
MEETING DATE: I 08/16/05 CITY MANAGER i ~
ITEM # : PC-2 DEPARTMENT HEAD !
FINANCE REVIEW I
Previous Action: None
DEPARTMENT: OFFICE OF THE CITY MANAGER
SUBJECT : Discussion of planning efforts by Keep Colleyville
Beautiful Committee
This item is provided as an opportunity for discussion among the City Council of current work
plans by the Keep Colleyville Beautiful Committee. Councilmember Hendler, who serves as
the City Council liaison, will make the presentation.
PRE COUNCIL cc@nco AGENDA BRIEFING
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MEETING DATE: 08/16/05 CITY MANAGER i
ITEM # : PC-3 DEPARTMENT HEAD i
FINANCE REVIEW
Previous Action: None
N/A
DEPARTMENT: FINANCE
SUBJECT: Presentation of the Monthly Financial Report - July
2005
General Fund
The percentage of current year taxes collected is slightly above July 2004 collections by .09%,
and should exceed 99% of the tax roll by year end. Sales tax revenue received in July was up
$20,325/17.64% over the amount received in July 2004. Fifteen residential building permits
were issued in July as compared to twenty-two issued in July 2004. As was noted in prior
monthly financial reports, Municipal Court revenues are now down due to a lower number of
citations written. The average amount expended by the departments at the end of July is
73.4%.
Utilitv Fund
Year-to-date water usage is now greater than the prior year's usage due to dry conditions
during the past few months. The average amount expended by the Utility Fund at the end of
July is 70.8%.
Attachments
. July 2005 Monthly Financial Report
MONTHLY FINANCIAL REPORT - JULY 2005
Current Taxes
Delinquent Taxes
Penalty & Interest
$7,280,321
60,000
38,000
$7,278,970
61,418
52,091
$7,141,995
55,000
34,042
$6,863,616
62,488
48,092
6.05%
-1.71%
8.32%
TXU Electric $780,000 $775,974 $780,000 $765,142 1.42%
Tri-County Electric 65,000 69,654 65,000 57,512 21.11%
TXU Gas 175,000 235,814 175,000 253,519 -6.98%
Southwestern Bell 107,165 80,649 80,374 79,351 1.64%
Verizon/Others 60,000 46,652 45,000 44,949 3.79%
Refuse/Recycling 88,000 78,889 69,500 76,281 3.42%
Cable TV 119,500 102,485 89,625 90,076 13.78%
Sales Tax
Mixed Beverage Tax
$1,695,600
50,000
$1,455,894
53,974
$1,322,568
50,000
................................... .....................................
.................................... .....................................
~~ ~~~ ~~~ ~~ ~~ ~~~~~ ~~~~~~ ~~~~f~ijQ$~~$~::: : [[[[ [[[[ ~[[[ [[[[ [[[[[[i$j[[;[~lgj;ji$ijjjj [
Building
Plumbing
Electrical
City License
Building Plan Review Fee
New Business
Animal
Sign Permit
Fence Permit
Fire Permits
$705,186
112,923
71,628
47,551
160,000
2,900
3,120
7,000
5,400
7,500
$735,281
137,389
76,976
49,010
107,995
2,961
1,811
4,570
6,550
9,500
$587,655
94,103
59,690
39,626
133,333
2,417
2,600
5,833
4,500
6,250
..............................,................................... ........................................................... .................................... ....................................
JWJtA44jQgN$g$~RgR.Mj[$o .......................i...i.$!;jg~,~9~i~j;1~~;P4~~~~~;PQl
Fines
False Alarms
Library Fines
$510,000
7,500
8,500
$378,661
200
13,863
$1,283,372
37,295
$836,649
143,688
90,095
51,295
149,222
2,209
1,756
6,590
6,290
10,100
13.44%
44.72%
-12.12%
-4.38%
-14.56%
-4.45%
-27.63%
34.04%
3.13%
-30.65%
4.13%
-5.94%
$425,000
6,250
7,083
$389,599
1 ,400
6,636
-2.81%
-100.00%
108.91%
MONTHLY FINANCIAL REPORT - JULY 2005
Re-zoning $14,000 $8,554 11,667 $10,850 -21.16%
Plat Fee/Site Plan 13,500 18,970 11,250 19,497 -2.70%
Board of Adjustment 1,500 1,625 1,250 1,000 62.50%
Sale of Material 2,000 2,276 1,667 1,638 38.95%
Weed Mowing 3,500 1,515 1,000 3,122 -51.47%
Animal Impoundment 2,889 3,606 2,408 1,968 83.23%
Ambulance 95,214 95,181 79,345 96,455 -1.32%
Recreation Program 124,895 106,346 112,000 126,337 -15.82%
Non-Resident Fee Parks 23,000 14,270 19,167 18,380 -22.36%
Field Use Charge 20,000 21,535 20,000 24,120 -10.72%
Engineering & Inspection 80,000 93,805 66,667 88,105 6.47%
Chgs & Reimbursements 9,000 7,002 7,500 4,741 47.69%
Community Center Rental 175,000 158,640 145,833 161,287 -1.64%
Library Building Rental 300 250 250 75 233.33%
Lot Drainage Insp Fee 21,250 26,375 17,708 24,120 9.35%
TmT~qgH~@~$ff9R~mRYlqii'I~;pI.......... ......\i~~g,~~g
DARE Officer Reimb
$73,872
$0
$0
$70,355
0.00%
Sale of Surplus Property $10,000 $0 $0 $11,600 0.00%
Interest Income 170,000 112,305 110,000 85,023 32.09%
Miscellaneous 33,000 44,539 31,000 23,300 91.15%
Use of Fund Balance 1,019,744 0 0 0 0.00%
Celebrate Colleyville Contributions 11,000 8,950 11,000 8,100 10.49%
Tower Rental 49,000 75,107 45,000 55,207 36.05%
Transfer from Utility Fd
$475,000
$0
$0
$0
0.00%
MONTHLY FINANCIAL REPORT - JULY 2005
TOTAL PERCENT
FY 2005 THROUGH THROUGH INCREASE INCREASE
BUDGET 7/31/2005 7/31/2004 (DECREASE) (DECREASE)
% OF CURRENT TAX ROLL COLLECTED 98.9% 98.82% 98.73% 0.09% 0.09%
RESIDENTIAL BLDG PERMITS 160 208 242 (34) -14.05%
COMMERCIAL BLDG PERMITS 10 6 12 (6) -50.00%
PLUMBING PERMITS 900 1,270 1,278 (8) -0.63%
ELECTRICAL PERMITS 400 500 587 (87) -14.82%
CITATIONS ISSUED 8,800 5,865 6,153 (288) -4.68%
CITATIONS APPEALED 150 221 308 (87) -28.25%
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
Performance
$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
2,086,026
237,688
181,246
232,680
165,518
45,740
256,158
$248,966
476,960
379,050
69,170
336,046
127,860
217,570
209,402
2,471,666
2,548,113
928,650
213,055
350,045
115,209
245,918
1,194,466
164,091
140,828
133,993
93,575
45,740
o
..................................... .
.................................... .
..................$.. "1"'0" ....7.. ......0.......3.. '7" 3'" ..... .
(.it....;...................
$250,055
477,201
378,799
60,382
341 ,867
124,372
217,905
210,925
2,472,534
2,563,057
934,894
219,768
353,389
120,198
250,924
1,209,611
166,088
141,327
138,701
98,090
45,740
o
...................................
..................................
..............$.. .1....0.....7.. '7" 5' ....8....2...7.......
....... . .. ..
~~~~ ~~ ~~~ ~~~ ~ ~.:.; ~:: :.:::::.~f:;.:~~::::::::: ~:.::: ~~:;.: ~~. ::::::
80.7%
76.5%
80.6%
98.8%
72.9%
83.7%
72.0%
74.1%
81.9%
81.3%
70.7%
74.1%
73.6%
79.3%
71.2%
57.3%
69.0%
77.7%
57.6%
56.5%
100.0%
0.0%
$59,565
146,131
91,207
830
125,233
24,975
84,418
73,282
545,722
586,963
384,563
74,593
125,425
30,012
99,416
891,560
73,597
40,418
98,687
71,943
o
256,158
MONTHLY FINANCIAL REPORT - JULY 2005
Water Sales $6,474,194 $4,763,605 $4,781,874 $4,139,953 15.06%
Sewer Sales 2,016,996 1,630,841 1,680,830 1,648,811 -1.09%
Sewer Installation 16,000 30,900 13,333 34,400 -10.17%
Water Installation 44,800 53,525 37,333 59,538 -10.10%
Sewer Tie-on Charges 10,000 11,686 8,333 18,887 -38.12%
Engineering Charges 35,000 41,313 29,167 51,885 -20.38%
Penalties 173,566 111,541 144,638 111,903 -0.32%
Miscellaneous 9,300 13,334 4,500 9,608 38.78%
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
7/31/2005 7/31/2004 (DECREASE) (DECREASE)
GALLONS OF WATER SOLD 1,503,140,366 1,303,974,042 199,166,324 15.27%
NUMBER OF WATER CUSTOMERS 8,242 7,984 258 3.23%
Administration $200,753 $152,157 $153,177 75.8% $48,596
Billing 259,133 182,240 185,181 70.3% 76,893
Operations 6,360,581 4,588,519 4,610,100 72.1% 1,772,062
Debt Service 1,135,287 1,070,066 1,070,066 94.3% 65,221
Performance Pay 38,173 0 0 0.0% 38,173
Transfer to General Fund 475,000 0 0 0.0% 475,000
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PRE COUNCIL CCe", AGENDA BRIEFING
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FINANCE REVIEW!
Previous Action: None
DEPARTMENT: FINANCE
N/A
MEETING DATE: 08/16/05 CITY MANAGER i
ITEM # : PC-4 DEPARTMENT HEAD :
REPORT:
SUBJECT: Presentation of the Quarterly Investment Report
During the period April 1, 2005 through June 30, 2005, the City of Colleyville had an average
of $33,643,750 invested on a daily basis, which earned $215,320 with an average yield of
2.56%. The average yield on investments for this quarter is up .39% from prior quarter's
average yield of 2.17%. The City had 99.7% of idle funds invested daily and the amount held in
the depository account earned interest at an average of .15%.
As of June 30, 2005, the City had $34,484,423 invested in the LOGIC investment Pool and
various debt instruments in the following percentages:
LOGIC Investment Pool
Treasury Notes
FNMA Notes
FHLB Notes
FHLMC Notes
FH LMC Notes
FHLB Bond
27.66%
26.40%
19.85%
13.14%
7.08%
3.19%
2.68%
These percentages are within the guidelines for portfolio diversification in the City's investment
policy. The market value of the City's investments including accrued interest at June 30, 2005,
was $24,869,180, as compared to a purchase price of $24,866,058 (this excludes LOGIC
Investment Pool).
The Colleyville Economic Development Corporation currently holds a Treasury Note
($500,000) with a market value including accrued interest of $499,585. Additionally, $867,652
was invested in the Corporation's name in the LOGIC Investment Pool. These funds earned
interest of $8,816 for the quarter.
Attached is the allocation of the City's investments and LOGIC Investment Pool by fund and
investments held during the quarter and quarterly interest earnings by investment. Also
attached is the quarterly investment information compiled by the LOGIC Investment Pool to
meet investment legislation requirements.
Attachments
. Quarterly Investment Report
QUARTERLY INVESTMENT REPORT
OUTSTANDING INVESTMENTS AT JUNE 30,2005
PURCHASE PAR MARKET VALUE MATURITY YIELD ON
PRICE VALUE @ 6/30105 DATE INVESTMENT
FNMA NOTE $1,045,734 $1,050,000 $1,057,602 7/6/2005 1.783%
FHL8 NOTE $1,464,963 $1,450,000 $1,455,679 9/1212005 1.520%
FHL8 NOTE $1,314,435 $1,330,000 $1,330,206 9/15/2005 2.400%
FNMA NOTE $1,262,238 $1,260,000 $1,260,007 9/21/2005 1.380%
TREASURY NOTE $1,241,407 $1,250,000 $1,244,791 10131/2005 2.187%
FHLB NOTE $1,253,384 $1,250,000 $1,247,070 11/15/2005 1.950%
FHLMC NOTE $1,137,506 $1,140,000 $1,132,508 12/15/2005 2.362%
FNMA NOTE $897,188 $900,000 $899,750 12/15/2005 2.664%
TREASURY NOTE $1,099,160 $1,110,000 $1,101,631 12/31/2005 2.543%
FNMA NOTE $842,716 $850,000 $842,299 1/15/2006 3.376%
FNMA NOTE $827,360 $800,000 $814,252 2/15/2006 2.725%
TREASURY NOTE $1,163,210 $1,172,000 $1,159,711 2/28/2006 2.136%
TREASURY NOTE $980,938 $1,000,000 $985,510 3/31/2006 3.456%
FNMA DISCOUNT $896,492 $925,000 $898,859 4/28/2006 3,633%
TREASURY NOTE $1,172,000 $1,172,000 $1,166,556 4/30/2006 2.249%
FHLB BOND $1,108,103 $1,100,000 $1,097,250 5/5/2006 2.560%
TREASURY NOTE $987,400 $1,000,000 $987,190 5/15/2006 3.302%
FNMA NOTE $898,166 $885,000 $897,868 6/15/2006 3.721%
FNMA NOTE $1,100,688 $1,100,000 $1,099,391 7/28/2006 2.885%
TREASURY NOTE $1,190,438 $1,200,000 $1,203.574 7/31/2006 3.405%
FHLB NOTE $500,000 $500,000 $501,090 8/30/2006 3.092%
FHLMC NOTE $1,299,594 $1,300,000 $1,298,449 9/15/2006 3.646%
TREASURY NOTE $1,182,938 $1,200,000 $1,187,936 10/31/2005 3.485%
TOTAL OUTSTANDING INVESTMENTS $24,866,058 $24,944,000 $24,869,180
CITY OF COLLEYVILLE BALANCES AT JUNE 30,2005
INVESTMENT PURCHASES
$24,944,000
LOGIC INVESTMENT POOL
$9,540,423
TOTAL CITY INVESTMENTS HELD AT JUNE 30, 2005
COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BALANCES AT JUNE 30, 2005
INVESTMENT PURCHASES
$498,672
LOGIC INVESTMENT POOL
$867,652
TOTAL CEDC INVESTMENTS HELD AT JUNE 30, 2005
TOTAL INVESTMENTS HELD BY CITY OF COLLEYVILLE
AND COLLEYVILLE ECONOMIC DEVELOPMENT CORP AT JUNE 30, 2005
$35,850,747
INTEREST EARNINGS ON CITY OF COLLEYVILLE INVESTMENTS APRIL 1 - JUNE 30, 2005
PURCHASE PAR MATURITY YIELD ON INTEREST DAYS IN QUARTER
PRICE VALUE DATE INVESTMENT EARNED
FHLB BOND $1,295,937 $1,300,000 4/1512005 2.033% $1,086 $211,294
TREASURY NOTE $1,099,226 $1,100,000 4/30/2005 1.700% $1,537 $358,443
TREASURY NOTE $1,300,834 $1,300,000 4/30/2005 1.560% $1,667 $424,185
FHLB NOTE $850,000 $850,000 5/17/2005 1.800% $1,970 $434,239
FNMA NOTE $798,616 $800,000 5/2712005 2.050% $2,561 $494,795
FHLMC NOTE $1,650,000 $1,650,000 6/1512005 1.625% $5,583 $1,363,043
FHLB BOND $1,045,734 $1,050,000 7/6/2005 1.783% $4,668 $1,034,368
FFCB DISCOUNT $1,399,986 $1,415,000 9/1212005 1.520% $5,362 $1,384,769
FHLB NOTE $1,314,435 $1,330,000 9/15/2005 2.400% $7,958 $1,300,148
FNMA NOTE $1,262,237 $1,260,000 9/21/2005 1.380% $4,335 $1,248,517
TREASURY NOTE $1,241,406 $1,250,000 10/3112005 2.187% $6,816 $1,227,912
FHLB NOTE $1,253,384 $1,250,000 11/15/2005 1.950% $6,077 $1,239,760
FHLMC NOTE $1,137,506 $1,140,000 12/15/2005 2.362% $6,713 $1,125,142
FNMA NOTE $897,188 $900,000 12115/2005 2.664% $5,978 $887,436
TREASURY NOTE $1,099,160 $1,110,000 12131/2005 2.543% $7,037 $1,087,213
FNMA NOTE $842,716 $850,000 1/15/2006 3.376% $2,673 $311,439
FNMA NOTE $827,360 $800,000 2/15/2006 2.725% $5,435 $818,367
TREASURY NOTE $1,163,210 $1,172,000 2128/2006 2.136% $6,241 $1,150,566
TREASURY NOTE $980,938 $1,000,000 3/31/2006 3.456% $8,616 $970,275
FNMA DISCOUNT $896,492 $925,000 4/28/2006 3.633% $1,381 $146,167
TREASURY NOTE $1,172,000 $1,172,000 4/30/2006 2.249% $6,572 $1,159,261
FHLB BOND $1,108,103 $1,110,000 5/5/2006 2.560% $7,085 $1,096,058
FNMA NOTE $898,166 $885,000 6/15/2006 3.721% $1,353 $146,440
FNMA NOTE $1,100,688 $1,100,000 7/2812006 2.885% $7,912 $1,088,724
TREASURY NOTE $1,190,438 $1,200,000 7/31/2006 3.405% $6,829 $789,312
FHLB NOTE $500,000 $500,000 8/30/2006 3.092% $3,854 $494,565
FHLMC NOTE $1,299,594 $1,300,000 9/15/2006 3.646% $9,869 $1,073,578
TREASURY NOTE $1,182,938 $1,200,000 10/31/2006 3.485% $6,989 $784,339
TOTAL INTEREST EARNED ON CITY INVESTMENTS HELD 4-1-05 THROUGH 6-30-05 $144,158 $23,850,355
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LISTING OF INVESTMENTS
BY GENERAL LEDGER
ACCOUNT NUMBER
OUTSTANDING INVESTMENTS AT 6-30-05
ACCOUNT ALLOCATION OF INVESTMENT INVESTMENT G/L TOTAL
001-1172 GENERAL FUND OPERATING $6,587,651.45
002-1166 UTILITY DEBT SERVICE RESERVE $861,395.35
002-1169 98 REVENUE BONDS $590,000.00
002-1172 UTILITY FUND OPERATING $6,585,356.53
002-1174 WATER IMPACT FEE $1,778,660.77
002-1178 CUSTOMER DEPOSITS $350,905.00
003-1173 SERVICE AREA I - IMP FEES $1,478,682.32
003-1180 BEDFORD BRIDGE ESCROW $31,435.84
003-1182 PLEASANT RUN LAUREL OAKS $52,857.30
003-1188 TOWN CENTER/HWY26 $32,518.44
003-1192 MCDONWELL WOODS EST ESCROW $9,123.76
003-1200 LONGWOOD-PARKING ESCROW $12,275.16
003-1203 SERVICE AREA 11- IMP FEES $240,667.98
003-1204 BEDFORD LAKES/SOMERSET $209,153.00
003-1209 PECAN PARK II DRAINAGE ESCROW $3,300.77
003-1212 GLADE RD/PLEAS RUN CHURCH ESCROW $29,470.41
003-1216 BOGART/HIDDEN OAKS/SANDLIN $248,516.50
003-1217 CHURCH STREET CULVERT ESCROW $7,945.58
003-1228 PLEASANT RUN HARDAGE ESTATES/ESC $40,935.60
003-1229 GLADE RD SUMMERBROOK $52,444.91
003-1231 LAKEWOOD ESCROW $23,109.88
003-1236 E. GLADE CRANBROOK ESCROW $108,067.23
003-1237 E. GLADE ASHMORE I ESCROW $48,197.87
003-1239 GLADE POINTS LANDSCAPE ESCROW $4,166.35
003-1247 GLADEIWAYSIDE ESCROW $38,917.17
003-1250 REATTA PLACE $88,140.63
003-1257 ASHMORE II A GLADE RD ESCROW $25,777.21
003-1268 MILL CREEK! GLADE ESCROW $28,044.13
003-1271 ASHMORE III/ GLADE ESCROW $58,628.22
003-1278 GLADE RD/ASHMORE liB ESCROW $33,018.41
003-1301 LAKEWOOD PH IV $71,289.05
003-1303 OAKBROOK HILLS $56,148.28
003-1304 VILLAS DEL MAR $54,000.61
003-1307 SPRING GARDEN $86,319.83
003-1313 APPLEBEE'S $41,128.24
003-1319 REMINGTON PARK $150,246.27
003-1323 SHAll MAR $65,365.81
003-1325 PECAN GARDENS $27,659.41
003-1330 REMINGTON PARK $69,230.22
003-1357 CITGO/LD LOCKETT $52,986.42
003-1360 REMINGTON PARK PH III $73,468.33
003-1404 TANGLEWOOD $24,354.19
003-1418 CLAIRMONT-PH II $135,212.23
003-1421 OLD GROVE TRAIL $65,352.59
004-1172 DEBT SERVICE FUND $522,629.76
005-1172 VOLUNTARY PARK FUND $573,695.87
011-1172 LIBRARY DONATIONS FUND $309,454.31
012-1172 PARK LAND DEDICATION FUND $1,877,784.79
017-1136 95 BONDS-DRAINAGE $225,09587
017-1172 DRAINAGE FUND OPERATING $517,281.24
024-1172 CEDC OPERATING $498,671.88
026-1172 TIF OPERATING $199,196.43
PER GENERAL LEDGER $25,355,935.40
PURCHASE PRICE $25,351,559.35
VALUE AT MATURITY $25.444,000.00
._-_._-_._...~--
OUTSTANDING INVESTMENTS AT 6-30-05
INVESTMENT FHLMC FNMA FHLB FNMA FHLB FHLB
NOTE NOTE NOTE NOTE NOTE NOTE
DATE ACQUIRED 15-Dec~03 31-Dec-03 27-Feb-04 19-Mar-04 15-Apr-04 15-Jun-04
MATURITY DATE 15-Dec-05 06-Jul-05 12-Sep-05 21-Sep-05 15-Nov-05 15-Sep-05
26 WEEK T-BILL AUCTION DISCOUNTIWEEK OF PURCHASE 0.980% 0.995% 0.935% 0.990% 1.025% 1.505%
YIELD TO MATURITY 2.362% 1.783% 1.520% 1.380% 1.950% 2.400%
ACCOUNT ALLOCATION OF INVESTMENT
001-1172 GENERAL FUND OPERATING 1.045,734.38 137.502.68 525.093.67
002-1166 UTILITY DEBT SERVICE RESERVE 29,460.61 137.114.21 334,871.15
002-1169 98 REVENUE BONDS 590,000.00
002-1172 UTILITY FUND OPERATING 237,586.36 319,608.11 637,82882
002-1174 WATER IMPACT FEE 633,474.24 28,843.88
002-1178 CUSTOMER DEPOSITS 241,488.31 45.747.49
003-1173 SERVICE AREA I - IMP FEES 37,987.89 5,560.00 44,860.36 58,451.88
003-1180 BEDFORD BRIDGE ESCROW 31,435.84
003-1182 PLEASANT RUN LAUREL OAKS 52,857.30
003-1188 TOWN CENTERlHWY26
003-1192 MCDONWELL WOODS EST ESCROW 9,123.76
003-1200 LONGWOOD-PARKING ESCROW
003-1203 SERVICE AREA II - IMP FEES
003-1204 BEDFORD LAKES/SOMERSET
003-1209 PECAN PARK II DRAINAGE ESCROW
003-1212 GLADE RD/PLEAS RUN CHURCH ESCROW 29,470.41
003-1216 BOGART/HIDDEN OAKS/SANDLIN
003-1217 CHURCH STREET CULVERT ESCROW
003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 40,935.60
003-1229 GLADE RD SUMMERBROOK
003-1231 LAKEWOOD ESCROW 23,109.88
003-1236 E. GLADE CRANBROOK ESCROW
003-1237 E. GLADE ASHMORE I ESCROW
003-1239 GLADE POINTS LANDSCAPE ESCROW
003-1247 GLADElWAYSIDE ESCROW
003-1250 REA TT A PLACE
003-1257 ASHMORE II A GLADE RD ESCROW
003-1268 MILL CREEK/ GLADE ESCROW
003-1271 ASHMORE III/ GLADE ESCROW 58,628.22
003-1278 GLADE RD/ASHMORE liB ESCROW
003-1301 LAKEWOOD PH IV 71,289.05
003-1303 OAKBROOK HILLS 56,148.28
003-1304 VILLAS DEL MAR
003-1307 SPRING GARDEN 86,319.83
003-1313 APPLEBEE'S
003-1319 REMINGTON PARK 150,246.27
003-1323 SHAll MAR
003-1325 PECAN GARDENS 27,659.41
003-1330 REMINGTON PARK 69.230.22
003-1357 CITGO/LD LOCKETT
003-1360 REMINGTON PARK PH III
003-1404 TANGLEWOOD
003-1418 CLAIRMONT-PH II 135,212.23
003-1421 OLD GROVE TRAIL
004-1172 DEBT SERVICE FUND 306,358.22
005-1172 VOLUNTARY PARK FUND 71,137.50 17,028.28
011-1172 LIBRARY DONATIONS FUND 28,101.18 102,793.37 10,540.45 39.035.47
012-1172 PARK LAND DEDICATION FUND 218,000.00 173,764.51 210.808.68 45,959.97
017-1136 95 BONDS-DRAINAGE
017-1172 DRAINAGE FUND OPERATING 128,292.21 154.142.49 39.417.03
024-1172 CEDC OPERATING
026-1172 TIF OPERATING
PER GENERAL LEDGER $1,137,506.25 $1,045,734.38 $1.464,962.55 $1,262.237.76 $1,253,383.75 $1.314,435.01
PURCHASE PRICE $1,137,506.25 $1,045,734.38 $1.464,962.55 $1,262,237.76 $1,253,383.75 $1,314,435.01
VALUE AT MATURITY $1,140,000.00 $1,050,000.00 $1,450,000.00 $1,260.000.00 1,250,000.00 $1,330,000.00
INTEREST RECEIVED AT MATURITY $53,793.75 $28,287.03 $34,216.62 $26,112.24 $34,531.76 $39,913.30
OUTSTANDING INVESTMENTS AT 6-30-05
INVESTMENT TREASURY TREASURY FNMA FHLB TREASURY TREASURY
NOTE NOTE NOTE BOND NOTE NOTE
DATE ACQUIRED 30-Jun-04 02-Aug-04 06-Aug-04 13-Aug-04 31-Aug-04 31-Aug-04
MATURITY DATE 31 ~Dec.05 31-0cl-05 28--Jul-06 05-May-06 28-Feb-06 30-Apr-06
26 WEEK T-BILL AUCTION DISCOUNTIWEEK OF PURCHASE 1.675% 1.735% 1.735% 1.665% 1.750% 1.750%
YIELD TO MATURITY 2.543% 2.187% 2.885% 2.560% 2.136% 2.249%
ACCOUNT ALLOCATION OF INVESTMENT
001-1172 GENERAL FUND OPERATING 600,696.29 179,180.17 1.100,000.00 75,053.57 734.572.67
002-1166 UTILITY DEBT SERVICE RESERVE 35,387.52 14.289.83
002-1169 98 REVENUE BONDS
002-1172 UTILITY FUND OPERATING 394,617.23 606,739.21 170,060.96 675,841.00 39,158.00
002-1174 WATER IMPACT FEE 236,425.89 392,707.15 285,000.00
002-1178 CUSTOMER DEPOSITS 17.328.39
003-1173 SERVICE AREA I - IMP FEES 537,231.89 183,119.00
003-1180 BEDFORD BRIDGE ESCROW
003-1182 PLEASANT RUN LAUREL OAKS
003-1188 TOWN CENTERlHWY26
003-1192 MCDONWELL WOODS EST ESCROW
003-1200 LONGWOOD-PARKING ESCROW
003-1203 SERVICE AREA II - IMP FEES 103,846.64
003-1204 BEDFORD LAKES/SOMERSET
003-1209 PECAN PARK II DRAINAGE ESCROW
003-1212 GLADE RD/PLEAS RUN CHURCH ESCROW
003-1216 BOGART/HIDDEN OAKS/SANDLIN
003-1217 CHURCH STREET CULVERT ESCROW
003-1228 PLEASANT RUN HARDAGE ESTATES/ESC
003-1229 GLADE RD SUMMERBROOK
003-1231 LAKEWOOD ESCROW
003-1236 E. GLADE CRANBROOK ESCROW
003-1237 E. GLADE ASHMORE I ESCROW
003-1239 GLADE POINTS LANDSCAPE ESCROW
003-1247 GLADEIWAYSIDE ESCROW
003-1250 REATTA PLACE
003-1257 ASHMORE II A GLADE RD ESCROW
003-1268 MILL CREEK! GLADE ESCROW
003-1271 ASHMORE III/ GLADE ESCROW
003-1278 GLADE RD/ASHMORE liB ESCROW
003-1301 LAKEWOOD PH IV
003-1303 OAKBROOK HILLS
003-1304 VILLAS DEL MAR
003-1307 SPRING GARDEN
003-1313 APPLEBEE'S 41,128.24
003-1319 REMINGTON PARK
003-1323 SHALl MAR 65,365.81
003-1325 PECAN GARDENS
003-1330 REMINGTON PARK
003-1357 CITGO/LD LOCKETT
003-1360 REMINGTON PARK PH III
003-1404 TANGLEWOOD
003-1418 CLAIRMONT-PH II
003-1421 OLD GROVE TRAIL
004-1172 DEBT SERVICE FUND
005-1172 VOLUNTARY PARK FUND 61,130.01
011-1172 LIBRARY DONATIONS FUND
012-1172 PARK LAND DEDICATION FUND 16,049.40 81,651.11
017-1136 95 BONDS-DRAINAGE
017-1172 DRAINAGE FUND OPERATING 30,000.00
024-1172 CEDC OPERATING
026-1172 TIF OPERATING 199.196.43
PER GENERAL LEDGER $1,099,160.16 $1,241,406.25 $1,100,000.00 $1,100.000.00 $1.163.210.00 $1,172.000.00
PURCHASE PRICE $1,099.160.16 $1,241,406.25 $1,100,687.50 $1,108,102.60 $1.163.210.00 $1,172,000.00
VALUE AT MATURITY $1.110,000.00 $1,250.000.00 $1,100,000.00 $1,100,000.00 $1,172,000.00 $1.172,000.00
INTEREST RECEIVED AT MATURITY $42,335.37 $39,062.50 $32,548.89 $60,058.35 $37.357.50 $43.950.00
OUTSTANDING INVESTMENTS AT 6-30-05
INVESTMENT TREASURY TREASURY TREASURY FNMA FNMA FNMA
NOTE NOTE NOTE NOTE NOTE DISCOUNT
DATE ACQUIRED 30-Apr-05 30-Apr-05 17 -May-OS 27-May-05 15~Jun~05 15-Jun-05
MATURITY DATE 31-Jul~06 31-0ct-06 15-May-06 15-Jan.06 15-Jun-06 28-Apr-06
26 WEEK T-BILL AUCTION DISCOUNTIWEEK OF PURCHASE 2.880% 2.880% 2.850% 2.895% 3.060% 3.060%
YIELD TO MATURITY 3.405% 3.485% 3.302% 3.376% 3.721% 3.633%
ACCOUNT ALLOCATION OF INVESTMENT
001-1172 GENERAL FUND OPERATING 987,400.00
002-1166 UTILITY DEBT SERVICE RESERVE 310,272.03
002-1169 98 REVENUE BONDS
002-1172 UTILITY FUND OPERATING 749,070.09 434,980,76 315,072.95 196,401.30 896,492.01
002-1174 WATER IMPACT FEE 202,209,61
002-1178 CUSTOMER DEPOSITS
003-1173 SERVICE AREA I - IMP FEES 189,283.21
003-1180 BEDFORD BRIDGE ESCROW
003-1182 PLEASANT RUN LAUREL OAKS
003-1188 TOWN CENTERlHWY26 32,518.44
003-1192 MCDONWELL WOODS EST ESCROW
003-1200 LONGWOOD-PARKING ESCROW
003-1203 SERVICE AREA II - IMP FEES 136,821.34
003-1204 BEDFORD LAKES/SOMERSET
003-1209 PECAN PARK II DRAINAGE ESCROW
003-1212 GLADE RD/PLEAS RUN CHURCH ESCROW
003-1216 BOGART/HIDDEN OAKS/SANDLIN
003-1217 CHURCH STREET CULVERT ESCROW
003-1228 PLEASANT RUN HARDAGE ESTATES/ESC
003-1229 GLADE RD SUMMERBROOK
003-1231 LAKEWOOD ESCROW
003-1236 E, GLADE CRANBROOK ESCROW
003-1237 E. GLADE ASHMORE I ESCROW
003-1239 GLADE POINTS LANDSCAPE ESCROW
003-1247 GLADElWAYSIDE ESCROW
003-1250 REATTA PLACE 88,140.63
003-1257 ASHMORE II A GLADE RD ESCROW
003-1268 MILL CREEK/ GLADE ESCROW
003-1271 ASHMORE III/ GLADE ESCROW
003-1278 GLADE RD/ASHMORE liB ESCROW
003-1301 LAKEWOOD PH IV
003-1303 OAKBROOK HILLS
003-1304 VILLAS DEL MAR 54,000.61
003-1307 SPRING GARDEN
003-1313 APPLEBEE'S
003-1319 REMINGTON PARK
003-1323 SHAll MAR
003-1325 PECAN GARDENS
003-1330 REMINGTON PARK
003-1357 CITGO/LD LOCKETT 52,986,42
003-1360 REMINGTON PARK PH III 73,468.33
003-1404 T ANGLEWOOD 24,354.19
003-1418 CLAIRMONT-PH II
003-1421 OLD GROVE TRAIL 65,352,59
004-1172 DEBT SERVICE FUND 216,271.54
005-1172 VOLUNTARY PARK FUND
011-1172 LIBRARY DONA nONS FUND
012-1172 PARK LAND DEDICATION FUND 747,956.74
017-1136 95 BONDS-DRAINAGE 225,095,87
017-1172 DRAINAGE FUND OPERATING
024-1172 CEDC OPERATING
026-1172 nF OPERATING
PER GENERAL LEDGER $1,190,437,50 $1,182,937.50 $987,400.00 $842,715,50 $898,166.15 $896,492.01
PURCHASE PRICE $1,190,437.50 $1,182,937.50 $987,400,00 $842,715.50 $885,000.00 $896,492,01
VALUE AT MATURITY $1,200,000,00 $1,200,000,00 $1,000,000.00 $850,000.00 $885,000,00 $925,000.00
INTEREST RECEIVED AT MATURITY $50,812,00 $61,899,46 $32,436.96 $17,909,50 $33,296,35 $28,507,99
OUTSTANDING INVESTMENTS AT 6-30-05
INVESTMENT TREASURY FNMA FNMA FHLB TREASURY FHLMC
NOTE NOTE NOTE NOTE NOTE NOTE
DATE ACQUIRED 21-Sep-04 09-Nov-04 10-Nov-04 30-Nov-04 31-Mar-05 15-Apr-05
MATURITY DATE 31-Dec-05 15-Dec-05 15-Feb-06 30-Aug-06 31-Mar-06 15-Sep-06
26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE 1.840% 2.155% 2.155% 2.365% 3.090% 2.710%
YIELD TO MATURITY 2.249% 2.664% 2.725% 3.092% 3.456% 3.646%
ACCOUNT ALLOCATION OF INVESTMENT
001-1172 GENERAL FUND OPERATING 71,480.52 150,000.00 980,937.50
002-1166 UTILITY DEBT SERVICE RESERVE
002-1169 98 REVENUE BONDS
002-1172 UTILITY FUND OPERATING 359,256.31 36,465.31 250,000.00 266,178.11
002-1174 WATER IMPACT FEE
002-1178 CUSTOMER DEPOSITS 46,340.81
003-1173 SERVICE AREA I - IMP FEES 151,985.48 270,202.61
003-1180 BEDFORD BRIDGE ESCROW
003-1182 PLEASANT RUN LAUREL OAKS
003-1188 TOWN CENTERlHWY26
003-1192 MCDONWELL WOODS EST ESCROW
003-1200 LONGWOOD-PARKING ESCROW 12,275.16
003- 1203 SERVICE AREA II - IMP FEES
003-1204 BEDFORD LAKES/SOMERSET 209,153.00
003-1209 PECAN PARK II DRAINAGE ESCROW 3,300.77
003-1212 GLADE RD/PLEAS RUN CHURCH ESCROW
003-1216 BOGART/HIDDEN OAKS/SANDLIN 248,516.50
003-1217 CHURCH STREET CULVERT ESCROW 7,945.58
003-1228 PLEASANT RUN HARDAGE ESTATES/ESC
003-1229 GLADE RD SUMMERBROOK 52,444.91
003-1231 LAKEWOOD ESCROW
003-1236 E. GLADE CRANBROOK ESCROW 108,067.23
003-1237 E. GLADE ASHMORE I ESCROW 48,197.87
003-1239 GLADE POINTS LANDSCAPE ESCROW 4,166.35
003-1247 GLADElWAYSIDE ESCROW 38,917.17
003- 1250 REA TT A PLACE
003-1257 ASHMORE II A GLADE RD ESCROW 25,777.21
003-1268 MILL CREEK! GLADE ESCROW 28,044.13
003-1271 ASHMORE III/ GLADE ESCROW
003- 1278 GLADE RD/ASHMORE liB ESCROW 33,018.41
003-1301 LAKEWOOD PH IV
003-1303 OAKBROOK HILLS
003-1304 VILLAS DEL MAR
003-1307 SPRING GARDEN
003-1313 APPLEBEE'S
003-1319 REMINGTON PARK
003-1323 SHAll MAR
003-1325 PECAN GARDENS
003-1330 REMINGTON PARK
003-1357 CITGO/LD LOCKETT
003-1360 REMINGTON PARK PH III
003-1404 TANGLEWOOD
003-1418 CLAIRMONT-PH II
003-1421 OLD GROVE TRAIL
004-1172 DEBT SERVICE FUND
005-1172 VOLUNTARY PARK FUND 282,131.32 142,268.76
011-1172 LIBRARY DONATIONS FUND 25,977.71 103,006.13
012-1172 PARK LAND DEDICATION FUND 55,389.57 328,204.81
017-1136 95 BONDS-DRAINAGE
017-1172 DRAINAGE FUND OPERATING 65,429.51 100,000.00
024-1172 CEDC OPERATING 498,671.88
026-1172 TIF OPERATING
PER GENERAL LEDGER $498,671.88 $897,187.50 $827.360.00 $500,00000 $980,937.50 $1,299,593.75
PURCHASE PRICE $498,671.88 $897,187.50 $827,360.00 $500,000.00 $980,937.50 $1,299,593.75
VALUE AT MATURITY $500,000.00 $900,000.00 $800,000.00 $500,000.00 $1,000,000.00 $1,300.000.00
INTEREST RECEIVED AT MATURITY $18,750.00 $26,325.00 $11,611.11 $27,037.50 $34,062.50 $66,512.15
----".~._~._-
LOGIC INVESTMENT POOL ALLOCATION
AND GENERAL INFORMATION
LOCAL GOVERNMENT INVESTMENT
COOPERATIVE / "LOGIC"
ACCOUNT ALLOCATION AT JUNE 30, 2005
ACCT # DESCRIPTION BALANCE
GENERAL FUND
1.1115 GENERAL OPERATING $1,527,849.62
UTILITY FUND
2.1115 UTILITY OPNS $1,281,947.12
2.1116 IMPACT FEES WATER $1,386,055.20
2.1130 UTILITY INTEREST & SINKING FUND $974,458.16
2.1177 94 BONDS $39,575.35
2.1294 IMPACT FEES SEWER $192,452.73
CAPITAL PROJECTS FUND
3.1113 IMPACT FEES/SA I $88,312.44
3.1396 2002 CERTIFICATES OF OBLIGATION $75,224.69
DEBT SERVICE FUND
4.1115 DEBT SERVICE OPERATING $482,763.17
TIF FUND
17.1115 DRAINAGE OPERATING $254,977.64
17.1159 DRAINAGE INT & SINKING FUND $118,894.79
17.1380 2001 DRAINAGE BONDS $453,528.36
TIF FUND
26.1115 TIF OPERATING $1,391,222.69
26.1119 2000 TIF BONDS $921.04
26.1383 2001 TIF BONDS $1,066,054.58
CCCPD FUND
27.1115 CCCPD OPERATING $125,448.97
27.1147 99 POLICE/COURT BLDG FUND $105,109.71
TOTAL LOGIC POOL BALANCE
$9,564,796.26
LOGIC Local Government Investment Cooperative
Monthly Newsletter - June 2005
Allocation Daily Daily LOGIC Net Asset
Date Factor Rate Interest Balance WAM Value
6/1/2005 0.000084066 3.0684% 99,717.16 1,186,172,629.87 79.57 0.9999
6/2/2005 0.000084294 3.0767% 99,997.73 1,186,294,931.73 74.72 0.9999
6/3/2005 0.000084365 3.0793% 100,279.73 1,188,638,851.28 71.66 0.9996
6/4/2005 0.000084365 3.0793% 100,279.73 1,188,638,851.28 71.66 0.9996
6/5/2005 0.000084365 3.0793% 100,279.73 1,188,638,851.28 71.66 0.9996
6/6/2005 0.000084413 3.0811% 99,886.30 1,183,298,300.80 71.46 0.9999
6/7/2005 0.000084460 3.0828% 99,905.13 1,182,872,440.93 70.51 0.9999
6/8/2005 0.000084196 3.0731% 100,290.12 1,191,155,678.31 71.70 0.9999
6/9/2005 0.000084276 3.0761% 100,168.04 1,188,568,350.51 71.42 0.9999
6/10/2005 0.000084361 3.0792% 97,656.59 1,157,606,508.91 72.00 0.9999
6/11/2005 0.000084361 3.0792% 97,656.59 1,157,606,508.91 72.00 0.9999
6/12/2005 0.000084361 3.0792% 97,656.59 1,157,606,508.91 72.00 0.9999
6/13/2005 0.000084392 3.0803% 95,974.95 1,137,245,282.83 70.31 0.9999
6/14/2005 0.000084458 3.0827% 93,697.97 1,109,399,295.03 70.70 0.9999
6/15/2005 0.000084635 3.0892% 92,101.42 1,088,221,447.16 71.02 0.9999
6/16/2005 0.000084859 3.0973% 96,432.42 1,136,386,188.02 71.02 0.9999
6/17/2005 0.000084851 3.0971% 96,924.74 1,142,288,088.07 65.38 0.9997
6/18/2005 0.000084851 3.0971% 96,924.74 1,142,288,088.07 65.38 0.9997
6/19/2005 0.000084851 3.0971% 96,924.74 1,142,288,088.07 65.38 0.9997
6/20/2005 0.000085407 3.1173% 96,842.57 1,133,900,450.19 67.23 0.9998
6/21/2005 0.000085624 3.1253% 96,506.99 1,127,096,639.97 67.52 0.9998
6/22/2005 0.000085774 3.1307% 96,013.97 1,119,385,782.89 67.40 0.9997
6/23/2005 0.000086171 3.1452% 95,961.56 1,113,621,012.26 68.75 1.0000
6/24/2005 0.000086242 3.1478% 95,928.94 1,112,320,524.25 66.03 0.9996
6/25/2005 0.000086242 3.1478% 95,928.94 1,112,320,524.25 66.03 0.9996
6/26/2005 0.000086242 3.1478% 95,928.94 1,112,320,524.25 66.03 0.9996
6/27/2005 0.000086411 3.1540% 98,323.05 1,137,850,619.53 64.30 0.9996
6/28/2005 0.000086560 3.1595% 98,676.65 1,139,975,723.20 63.92 0.9998
6/29/2005 0.000086758 3.1667% 98,189.41 1,131,759,039.52 63.39 0.9998
6/30/2005 0.000088511 3.2307% 96,676.60 1,092,250,636.91 64.62 0.9998
Totals 0.000085158 3.1082% 2,927,732.02 1,146,267,212.24 69.16 0.9998
P rtl r c
"f
7/01/2005
M t O. t I 0
0 010 omposl Ion - a. IS . n ays
Security Type Number Percentaae Book Value Market Value 1 Day 2.13%
Agencv Sec. 28 47.97% 523,834,369 523,608,152 2 to 7 5.85%
Comm. Paoer 42 49.90% 544,962,320 544,714,598 8 to 30 23.52%
MM Funds 1 0.00% 33,057 33,057 31 to 90 44.08%
Repos 1 2.13% 23,287,000 23,287,000 91 to 180 18.90%
T-Bills 0 0.00% 0 0 180 to 365 5.51%
Totals 72 100.0% 1,092,116,746 1,091,642,807 365+ 0.00%
1201 Elm Street, Suite 3500 Dallas, Texas 75270 (800) 895-6442 - (214) 859-6775 Fax - www.loe:ic.ore:
LOGIC Local Government Investment Cooperative
LOGIC Board of Directors
Philip G. Roberson President Arlinaton I.S.D.
Fred L. Werner Ivice President. City of Grapevine
Judd R. Sanderson Treasurer I Investment Officer North Texas Municipal Water District
DeeAnn LeVar Cheatham Secretary Evare LLC
Robb Dean IAsst. Secretary Dallas Co. Communitv Colleae District
Kandy Daniel Board Member City of Beaumont
Don A. Buchholz IAdvisorv Director SWS Group, Inc.
LOGIC Information
$1.00 Net Asset Value Tolerance Range $.9965 to $1.0035
LOGIC Fee Variable Basis Points based on overall pool balance
General Manager SWS Capital Corooration
Portfolio Manager Citibank, NA throuah CitiarouD Asset Manaaement
Independent Auditor KPMG LLP
Aaa/MR1+ Rating Moodv's Investors Service
Custodial Bank JPMorgan Bank
LOGIC Clients
Type Count
City 110
County 37
Higher Ed. 10
Other 25
School 149
Utility 45
Total 376
:9 LOGIC Daily Rates For June 2005
I :::::
I
i 3.15%
I
I
i
I 3.10%
I
I
I 3.05%
3.00%
2.95%
i 6/1/05
L__
6/5/05
6/9/05
Contact Information
Contact Number
Patrick Shinkle (214) 859-6784
Buddy Tarpley (214) 859-6778
Georgia Wood (214) 859-6780
Fax (214) 859-6775
A VT System (800) 895-6442
Web Address www.loaic.ora
6/13/05
6/17/05
6/21/05
6/25/05 6/29/05
1201 Elm Street, Suite 3500 Dallas, Texas 75270 (800) 895-6442 - (214) 859-6775 Fax - www.loldc.on!
PRE COUNCIL
CD~6 AGENDA BRIEFING
TL~X~$
MEETING DATE:
ITEM#:
08/16/05
PC-5
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Discussion of the August 16, 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 or
(\]~~~ill'" AGENDA BRIEFING
Tl'X~$
MEETING DATE:
ITEM#:
08/16/05
1
CITY MANAGER
DEPARTMENT HEAD
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
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 - City Manager's Performance Evaluation
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
RESOLUTION R-05-2579
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
AUGUST16, 2005
WHEREAS, following discussion in Executive Session, and in full accordance with the
requirements of the Open Meetings Act, the City Council determines that
the following action is in the best interests of the health, safety and welfare
of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the following actions of the City Council are hereby adopted and
approved:
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
David Kelly
Mayor
CITY COUNCIL
city or
CD~'" AGENDA BRIEFING
TL~X~~
MEETING DATE:
ITEM#:
08/16/05
3
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: CORRESPONDENCE, MISCELLANEOUS
REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
PLAQUE -
In recognition of service on the Sidewalk Committee - Mrs. Dulce
Moore
Presented to
DULCE MOORE
In Appreciation for
Dedication and Service
on the
Colleyville Sidewalk Committee
2001-2005
RESOLUTION R-05-2580
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING AUGUST 16, 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 August 3, 2005
b.
Approval of a Preliminary Plat for Preston Oaks Addition on 83.7 acres
located at 6816 Murphy Road, Case P-05-029
c.
Approval of a Contract with Pattillo, Brown & Hill, L.L.P., for audit services
for fiscal year ended September 30, 2005
d.
Approval of a Lease Agreement with Municipal Services Group, Inc. for
an asphalt distributor and mini-excavator/skid steer loader
e.
Approval of a Waiver for the Colleyville Girl's Softball Association
(CGSA) for use of the Colleyville City Park game fields
f.
Approval to Purchase eleven (11) mobile lap top computers for the Police
Department patrol vehicles through the Texas Local Government
Statewide Purchasing Cooperative BuyBoard, in the amount of $54,369
AND IT IS SO RESOLVED.
DAY OF
NAYS AND
2005, BY A VOTE
ABSTENTIONS.
APPROVED ON THIS
OF AYES,
Resolution R-05-2580
Page 2 of 2
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
MINUTES OF THE
CITY COUNCIL MEETING
AUGUST 3, 2005
The Pre Council meeting of the Colleyville City Council was called to order by Mayor
David Kelly on August 3,2005, at 5:32 p.m.
ROLL CALL:
Councilpersons George Boll, Tony Licata, Rich Hendler and Tom
Hart were present. Mayor David Kelly, City Manager Bill Lindley,
Assistant City Manager Paul Frederiksen Finance Director Terry
Leake, Police Chief Tommy Ingram, Police Lieutenant Rodney
Cunningham, Police Officer Chuck Tinsman, Fire Chief Mike
Johnston, Economic Development Manager Scott Welmaker,
Public Works Director Keith Fisher, Community Development
Manager Barry LeBaron, Human Resources Director Kelly Cooper,
Colleyville Center Manager Lin Przybyl, Project Inspector Keith
Dovers, Building Inspection Supervisor Eddie Edwards, Financial
Analyst Kacey Bess, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Mayor Pro Tem Jon Ayers arrived at 5:40 p.m.
PC-1. Discussion regarding the possible submission of various legislative items to
Texas Municipal League (TML)
City Manager Bill Lindley provided an overview of the process for the submission of
legislative items to the Texas Municipal League and the City's role in participating in the
legislative process.
There was general discussion regarding the history of the City's participation and
submission of legislative items.
CITY COUNCIL MINUTES
AUGUST 3, 2005
PC-2. Discussion of the County Bond Issue Projects
Public Works Director Keith Fisher presented information regarding submission of
roadway projects to Tarrant County for consideration as part of the Tarrant County Bond
Election and answered questions of the Council.
There was general discussion regarding the priority of the projects, funding sources for
the required 50% local share costs and the coordination of efforts with surrounding
cities for support of projects.
PC-3. Discussion of the August 3, 2005, City Council regular agenda items
Human Resources Director Kelly Cooper provided information regarding the health, life,
long term disability and dental insurance renewal plans and rates and the Wellness
Program and answered questions of the Council.
Ms. Cooper introduced Benefits Committee members Police Officer Chuck Tinsman,
Police Lieutenant Rodney Cunningham, Colleyville Center Manager Lin Przybyl,
Community Development Manager Barry LeBaron, Recreation Supervisor Craig
Dishman, Utility Superintendent Ken Tywater, Utility Billing Supervisor Theresa Fox and
Fire Lieutenant Kenny Phillips.
Council member Boll commended the Benefits Committee for effectively negotiating
competitive employee insurance rates.
Ms. Dee Beasley Hayden, Broker Consultant, Brinson Benefits, Inc. outlined the bidding
process for insurance rates.
There being no further business, Mayor Kelly declared the meeting adjourned at 6:31
p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Kelly
on August 3, 2005, at 6:46 p.m.
2
CITY COUNCIL MINUTES
ROLL CALL:
AUGUST 3, 2005
Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart
and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly,
City Manager Bill Lindley, Assistant City Manager Paul Frederiksen
Finance Director Terry Leake, Police Chief Tommy Ingram, Police
Lieutenant Rodney Cunningham, Police Officer Chuck Tinsman,
Fire Chief Mike Johnston, Public Works Director Keith Fisher,
Community Development Manager Barry LeBaron, Human
Resources Director Kelly Cooper, Building Inspection Supervisor
Eddie Edwards, 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 -
Sec. 551.087 -
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 - City Manager's Performance Evaluation
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 Kelly explained that the Executive Session had been called in accordance with
the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal,
Section 551.072, Property and Section 551.087, Economic Development. He further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 6:47 p.m. and reconvened at 7:41 p.m.
The invocation was given by Councilman George Boll and City Attorney Matthew Boyle
led the Pledge of Allegiance.
Mayor Kelly announced that the Public Hearing format may include a staff briefing,
applicant briefing, citizen comments, an additional applicant briefing, as necessary and
discussion and vote, as appropriate, by the Council.
3
CITY COUNCIL MINUTES
AUGUST 3, 2005
EXECUTIVE SESSION:
2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2574
This Resolution was not needed.
3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
Mayor Kelly announced the success of National Night Out held on August 2, 2005 and
expressed appreciation to the citizens for their participation and to Officer Bill Hudgins
for coordination of the event.
Mayor Kelly invited citizens to attend the Citizen Budget Education Day, Saturday,
August 13, 2005, 9:00 to 11 :00 a.m., at the Colleyville Center and stated that the
proposed FY 2005-2006 Budget may be viewed in the Office of the City Secretary.
Mayor Kelly presented a Proclamation to Dr. Louis Miller declaring August 5, 2005, as
Dr. Louis Miller Day and celebrating Dr. Miller's 31st anniversary as a dentist in the City
of Colleyville.
Mayor Kelly recognized Eddie Edwards, Building Inspection Supervisor,
and staff for enforcing the City's sign ordinance and keeping Colleyville beautiful.
CONSENT:
4. READING AND PUBLIC HEARING - Resolution R-05-2575 - Consent Items:
a. Approval of minutes of the regular City Council meeting of July 19, 2005
b. Approval and adoption of the 2005 certified tax roll
c. Approval of a Final Plat of Braemar Addition on 15.662 acres, located at
5000-5201 Fry Lane, Case P-05-025
d. Approval and adoption of the 2005-2006 City Council Work Initiatives
Mayor Kelly opened the public hearing and read Resolution R-05-2575 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
Councilman Hendler expressed appreciation for the quality of the work initiatives.
4
CITY COUNCIL MINUTES
AUGUST 3, 2005
Councilman Hendler moved to approve Resolution R-05-2575.
Councilman Boll seconded the motion.
Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Kelly declared the motion carried.
PUBLIC HEARINGS:
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1535 - Approval
of a Special Use Permit for a covered carport on Lot 6, Block 1, Woodbriar
Estates West Addition, located at 3609 Cliffwood Drive, Case Z-05-020
Mayor Kelly read the caption of Ordinance 0-05-1535.
Community Development Manager Barry LeBaron provided an overview of the request
for the Special Use Permit and reported that the Planning and Zoning Commission
unanimously approved the request.
Mr. John McDaniel, 3609 Cliffwood Drive, provided information regarding the request for
a Special Use Permit to construct a carport, the design plan for the carport, notifying the
neighbors of the plan for the carport and requested permission to use eight (8) inch
cedar posts instead of steel posts for support of the proposed carport.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
Discussion ensued regarding the quality and life of cedar posts.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1536 - Approval
of a Zoning Change from AG-Agricultural to R30-Single Family Residential on 0.8
acres of the S. Cotrail Survey, Abstract 328, located at 2212 Glade Road, Case
Z-05-021
Mayor Kelly read the caption of Ordinance 0-05-1536.
Community Development Manager Barry LeBaron provided an overview of the request
for the zoning change and stated that the Planning and Zoning Commission
unanimously approved the request.
5
CITY COUNCIL MINUTES
AUGUST 3, 2005
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
7. READING AND PUBLIC HEARING - Resolution R-05-2576 - Approval of the
Purchase of a skid steer loader, mini track excavator, asphalt distributor truck
and pneumatic roller, through the Texas Local Government Statewide
Purchasing Cooperative (BuyBoard), in the amount of $225,030.75
Mayor Kelly read Resolution R-05-2576 in its entirety.
Public Works Director Keith Fisher expressed appreciation to the City Council and City
Manager Bill Lindley for consideration of this purchase and provided information related
to the use of the equipment.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
City Manager Bill Lindley expressed appreciation to Council for consideration of this
request and stated that the equipment will extend the life of the streets.
Mayor Pro Tem Ayers moved to approve Resolution R-05-2576.
Councilman Hart seconded the motion.
Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Kelly declared the motion carried.
8. READING AND PUBLIC HEARING - Resolution R-05-2577 - Approval of a Bid
Award for health insurance renewal to United Healthcare, life insurance to
Standard Life, long- term disability to Jefferson Pilot and dental insurance to
Metropolitan Life
Mayor Kelly read Resolution R-05-2577 in its entirety.
City Manager Bill Lindley provided an overview of the bid process for insurance
benefits.
6
CITY COUNCIL MINUTES
AUGUST 3, 2005
Human Resources Director Kelly Cooper provided an overview of the steps taken by the
Benefits Committee to negotiate the best insurance plan design and rates for
employees and stated that Dee Beasley Hayden, Broker Consultant with Brinson
Benefits, Inc., assisted in the bid process.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
Councilman Boll expressed appreciation to the members of the Benefits Committee for
negotiating rates and services to provide the best benefits.
Councilman Boll moved to approve Resolution R-05-2577.
Councilman Licata seconded the motion.
Mayor Kelly expressed appreciation to Benefits Committee members Police Officer
Chuck Tinsman, Police Lieutenant Rodney Cunningham, Colleyville Center Manager
Lin Przybyl, Community Development Manager Barry LeBaron, Recreation Supervisor
Craig Dishman, Utility Superintendent Ken Tywater Utility Billing Supervisor Theresa
Fox and Fire Lieutenant Kenny Phillips for their efforts in obtaining competitive
insurance rates.
City Manager Bill Lindley, on behalf of the employees, expressed gratitude to the City
Council for providing an employee insurance program.
Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Kelly declared the motion carried.
REPORTS:
9. LIBRARY BOARD MINUTES - June 13, 2005
PLANNING AND ZONING COMMISSION MINUTES - June 27,2005
ZONING BOARD OF ADJUSTMENT MINUTES - June 14, 2005
There was no action taken on this item.
CITIZEN COMMENTS:
10. CITIZEN COMMENTSIPRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
7
CITY COUNCIL MINUTES
AUGUST 3, 2005
There was no one present wishing to speak concerning this item.
ACTION/RESOLUTION:
11. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 3, 2005 -
Reading and Public Hearing - Resolution R-05-2578
This resolution was not needed.
ADJOURNMENT
12. ADJOURNMENT
City Manager Bill Lindley expressed appreciation to Community Development Manager
Barry LeBaron for use of video in the presentation of the zoning cases.
There being no further business before the City Council, Councilman Boll moved to
adjourn.
Councilman Hart seconded the motion.
Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Kelly declared the meeting adjourned at 8:08 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
8
CITY COUNCIL
~ce AGENDA BRIEFING
T..~x~$
MEETING DATE: I
ITEM#: i
RESOLUTION #: i
08/16105
4b
R-05-2580
CITY MANAGER :
DEPARTMENT HEAD i
FINANCE REVIEW
-:7
c~
N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT : Approval of a Preliminary Plat for Preston Oaks
Addition on 83.7 acres located at 6816 Murphy
Road, Case P-05-29 - by Consent
Reading and Public Hearing
Boone Engineering is the applicant for an 83.7-acre proposed subdivision located on the north
side of Murphy Road, east of Precinct Line Road. The developer has submitted a Preliminary
Plat to divide the property into 149 single-family residential lots and fourteen open space lots.
Zoning. The proposed development is located in a PUD-R Ordinance (0-99-1153) zoning
district. A copy of Ordinance 0-00-1153 is attached to this agenda briefing. The property in
question was originally included in the site for the proposed Glenwood development. Portions
of the Glenwood development later became platted as Whittier Heights and Old Grove
Additions. The proposed lots meet the dimensional standards per the zoning ordinance.
Right-of-Way Dedication. Murphy Road is classified as a local roadway on the Master
Thoroughfare Plan, which requires an ultimate right-of-way width of 50 feet. The developer is
dedicating approximately 50 feet of right-of-way along Murphy Road throughout the
development in order to provide the required right-of-way dedication.
Sidewalks and Trails. The applicant has provided a 10-foot east/west trail along the northern
portion of this development and a 10-foot north/south trail through the central portion of this
development as required by the Land Development Code. The north/south trail has been
incorporated into the open space Lot I (Mary Lynne's Park). Sidewalks are required along all
interior streets. The internal sidewalks must be installed when any new residence is
constructed on the property. The internal sidewalks must be at least 4-feet wide, and the
developer is required to construct the trail system as part of the public improvements for this
property.
Perimeter Street Improvement Requirements. Perimeter street improvements are required
for this property since Murphy Road is considered an unimproved street and the plat contains
more than one residential lot. The owner is required to construct one-half of the streets
adjacent to this property, or provide an equivalent amount of cash escrow for future
improvement by the City. The applicant has indicated that Murphy Road will be paved to the
full width and will include connections that will permit the adjacent out-parcel property owners
to access Murphy Road. The applicant has acknowledged and agreed to the roadway
improvements for Murphy Road from Herbert Street to the western portion of this development
per the Traffic Impact Analysis (TIA).
Agenda Briefing
Resolution R-05-2580
Page 2 of 3
Two access easements have been provided for this development. A public access easement
is located at the northeast corner of the development. The public access easement will
provide a second entrance from this development to Bandit Trail. An access easement is
located along the southwest portion of the development. This access easement will not
service the proposed development, but will provide access to Murphy Road for the adjacent
property owners.
Drainage Improvements. The applicant has submitted a Drainage Plan that has been
reviewed and accepted by the Engineering Department. Construction plans for the drainage
improvements will be included with the submittal of the final plat.
Impact Fees. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on a newly platted lot. The fees listed below are intended to provide
general information on the fees that could be assessed for this project. The actual fee paid
may be different depending upon the specific plans for construction or other arrangements
provided for by a City-Developer Agreement.
$1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses.
Details are available in Chapter 13 of the Land Development
Code.
$2,666 for a 1-inch meter. Actual fee depends on water meter
size and/or if a new meter is installed.
$200 for a 1-inch meter. Actual fee depends on water meter size
and/or if a new meter is installed.
ROADWAY
WATER
SEWER
Parkland Dedication Fees. Parkland Dedication fees are due at the time of approval of the
final plat. The fee for residential uses is $1,802 per residential lot. The fee must be paid
before the plat is recorded with the County Clerk's Office.
Tree Survey. The applicant has submitted an exhibit that satisfies the tree survey
requirements of the Land Development Code. Based on the tree survey, the Planning and
Zoning Commission may consider an alternate lot configuration to mitigate the extent of tree
removal and that will preserve more trees. The following information is taken from Chapter 5,
Tree Preservation, of the Land Development Code:
The Planning and Zoning Commission may evaluate whether an
alternate street layout and grading plan, which complies with all City
subdivision standards would result in substantially greater tree
preservation. In the event such an alternate layout is determined by the
Commission, to be a reasonable use of the land, then the applicant may
substitute said alternative plan without being required to submit a new
Preliminary Plat application. If, however, the applicant does not
substitute said alternate layout or another acceptable plat to the
Commission, failure to do so will be a basis for denial of the applicant's
application.
Agenda Briefing
Resolution R-05-2580
Page 3 of 3
Tree Replacement. The applicant indicates on the plat that 1,192 caliper inches of trees will
be replaced on designated open space lots. In a letter submitted by the applicant, in response
to the Development Review Committee comments, the applicant indicates that 35 lots will be
deed restricted to require 24 caliper inches of trees on each lot.
SUMMARY
The applicant has addressed all Development Review Committee comments. The proposed
development appears to satisfy the platting standards contained in the Land Development
Code.
The Planning and Zoning Commission considered this proposed plat on August 8, 2005 and
was approved by a unanimous vote.
Recommendation
Approval
Attachments
· Location Map
· Plat
· Ordinance 0-99-1135
Zoning and Location Map
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ORDINANCE 0-99-1153
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING
MAP AND CHANGING THE ZONING OF APPROXIMATELY 187
ACRES OUT OF THE S. HARRELL SURVEY, A-798, TRACTS 1J, 1J1,
1J1A, 1J3, 1J4, AND 1J2; THE H.L. ALLEN SURVEY, A-55, TRACTS 1,
1C, 1B, AND 1A; THE D.J. BEDDO SURVEY, A-232, TRACTS 1C, 2A,
28, 1A, AND 18; AND LOT 1, BLOCK 1, PURCELL ADDITION; THE
MARY M. FREEMAN SURVEY, A-533, TRACT 2A7 A, AND THE
WILLIAM C. COOK SURVEY, A-295, TRACT 401 FROM THE AG
(AGRICULTURE) AND THE R40 (SINGLE FAMILY RESIDENTIAL) TO
THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL)
DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND
AUTHORIZING PUBLICATION:
WHEREAS, an application for a zoning change was filed by David
Bagwell, The David Bagwell Company, on November 12,
1998, under Case No. Z-98-031; and
WHEREAS, notice of a hearing before the Planning and Zoning
Commission was sent to real property owners within 200 feet
of the property herein described at least 10 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, notices were posted on the subject land as provided by the
zoning ordinance; and
WHEREAS, public hearings to change the zoning and the Master Plan on
the property herein described were held before the Planning
and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation; and,
WHEREAS, the City Council is of the opinion that the zoning change
herein effectuated furthers the purpose of zoning as set forth
in the Zoning Ordinance and is in the best interest of the
citizens of the City of Colleyville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF
THE CITY OF COLlEYVILLE, TEXAS:
Ordinance 0-99-1153
Page 2 of 13
Sec. 1.
THAT the Master Plan, the Zoning Ordinance of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described by metes and bounds (Exhibit B), by
changing the zoning of said property from the AG and R40 districts to
the PUD-R district, together with all site plans which are only
conceptual in nature, supporting documents, and other conditions
and restrictions imposed and approved by the Council which are
incorporated herein by reference including, but not limited to the
conceptual site plan (Exhibit C); and subject to the following
conditions:
1. PERMITTED USES
The PUD-R shall have three (3) land uses as indicated on Exhibit C
and the primary land use for each area shall be as follows:
a. Areas 1A & 1 B shall consist of single family dwelling units.
b. Area 2 shall consist of a church.
c. Area 3 shall be open space.
2. PLATTING & PHASING
a. Prior to the issuance of any development permits on the
subject property and as a condition to the development of the
property the developer shall obtain approval of a preliminary
plat and final plat of the property, which may be in phases. In
approving the preliminary and final plat the approving body
shall exercise complete discretion over roadway design, lot
size, lot shape, building lines, set-back lines, open space, and
all other aspects of the plat; provided, the approving body
shall not approve anything inconsistent with the other
conditions of this ordinance.
b. The general limits of all phases of development shall be
shown on the preliminary plan. Each phase shall be
numbered to represent the sequential development phases
anticipated. Any deviation from the approved development
sequence shall require approval from the City Council.
c. This development shall be subject to all impact fees in
accordance with the Colleyville Subdivision Regulations.
Ordinance 0-99-1153
Page 3 of 13
3. DENSITY
The average residential density is permitted to be 1.8 dwelling
units per acre over the combined acreage of Areas 1A & B, 2 & 3.
4. STREETS AND SIDEWALKS
a. No street intersection shall be allowed on McDonwell School
Road which aligns with the McDonwell School
Road/Remington Parkway intersection. Street intersections
along McDonwell School Road shall maintain a minimum of
300 feet separation between centerlines.
b. Sidewalks shall be required for all lots within this development,
except no sidewalks shall be required in rights-of-way adjacent
to open space areas where a sidewalk is proposed on the
opposite side of the same right-of-way. Sidewalks in rights-of-
way adjacent to each lot frontage or side-yard shall be
constructed by the lot owner no later than the date of
occupancy of the home on the lot.
c. Street rights-of-way shall be a minimum width of 50 feet,
except for single loaded streets which may have a 40 foot
right-of-way width with a 5 foot utility easement abutting the
unloaded side of the street.
d. All streets in this PUD shall be thirty-one feet (31') wide and be
constructed of five inch (5"), 3,000 p.s.i. concrete.
e. The City's street design standards (tangency between curves,
radius requirements, etc.) shall be waived, except that a
minimum radius shall not be less than twenty-five feet (25').
5. DRAINAGE
a. All drainage facilities shall be designed and constructed in
accordance with the Colleyville Subdivision Regulations.
b. It shall not be the responsibility of the developer to improve
any off-site drainage structures or any other public facilities.
c. At developer's election, pursuant to a grading plan acceptable
to the City Engineer, only one side-yard swale between and
behind lots may be utilized for lot drainage; retaining wall
construction, lot benching and drainage swale construction
shall not be the responsibility of the developer but shall be the
responsibility of builders on individual lots and shall not be
Ordinance 0-99-1153
Page 4 of 13
required of the developer for City acceptance of public
improvements.
d. Lot-to-Iot drainage shall be allowed in a grading plan
acceptable to the City Engineer across two lots contiguous
with one another and adjacent to the lot(s) where drainage
begins, i.e. drainage shall be allowed from the drainage
source lot(s) across two other lots which are adjacent on to the
other.
e. In order to preserve trees, no pilot channels shall be required.
f. There shall be no prohibition against regrading, expanding,
and/or eliminating existing ponds and against adding
additional ponds on the property in order to accomplish
developer's storm drainage plan, as long as it otherwise meets
City standards and is acceptable to the City Engineer.
g. As approved by the City Engineer, City park land adjacent to
the development may be utilized for storm water retention
and/or detention purposes.
6. LOT REQUIREMENTS AND SETBACKS
a. All lot dimensions and building setback lines shall be in
accordance with the Colleyville Zoning Regulations and
Subdivision Regulations, except where amended by this
ordinance.
b. The minimum lot size in Areas 1A & 1 B shall be 13,000 square
feet and the average size of all residential lots in Areas 1 A &
1B shall not be less than 16,000 square feet.
c. One side yard of any lot may be as narrow as six (6) feet,
provided the total width of any two adjacent side yards shall
not be less than twenty (20) feet. On lots with an area of less
than 16,000 square feet, front yard setbacks may be twenty-
five feet (25'), and rear yard setbacks may be ten feet (10').
On any lot with an area greater than 16,000 sJ. that backs to
open space, the rear yard setback may be ten feet (10').
d. The minimum lot width for any lot in Areas 1A & 1 B under
16,000 s.f. may be eighty (80) feet if approved by the City
Council.
Ordinance 0-99-1153
Page 5 of 13
7. PARKS
a. The provIsions of the Colleyville Pathways plan shall be
incorporated in the project. Pathways shall be designated on
the preliminary plan and final plat in a dedicated public right-
of-way. Pathways shall be constructed by the developer for
each phase of development. Within each phase of
development, pathways shall be completed prior to the
issuance of any building permit for residential development in
that phase.
b. Each phase of development is subject to the parkland
dedication requirements contained in the Colleyville
Subdivision Regulations.
c. The development shall contain open space which totals twenty
percent (20%) of the total area contained in this development
as shown on Exhibit C. The City shall not accept the
dedication of any open space until all environmental issues
are addressed to the City's satisfaction. The developer shall
submit to the City an environmental study, audit or
assessment demonstrating that the property is in a condition
which would allow the City to utilize the property for park
purposes without expenditures to remove environmental waste
or hazardous materials, that the property is suitable and safe
for use as a park and is free from environmentally related
problems.
d. Tree mitigation is waived for Area 3.
e. A 72.5-foot greenbelt setback shall be provided along the
north side of McDonwell School Road. Said greenbelt shall be
consistent with the greenbelt setback in the Westmont
Addition.
8. SIGNAGE
a. Developer is permitted to erect at locations approved by the
City Engineer entry structures with or without permanent
signage (which signage must comply with the City sign
ordinance and be properly permitted) in the rights-of-way of
perimeter roads at their intersection with internal streets not to
exceed twenty-five feet (25') in height, i.e. in the sight triangle
areas of such intersections, provided that said structures do
not obstruct the view of traffic as determined by the City
Engineer.
Ordinance 0-99-1153
Page 6 of 13
Sec. 2. THAT notwithstanding any other provisions of the Code, including
Section 1-7 of the Code, it is the intention of the City Council in
approving this ordinance that no provision or section is severable
from any other provision or section. It is further the intent of the City
Council that in the event any portion of this ordinance is declared
invalid by any court of competent jurisdiction, then the entire
ordinance shall be invalid.
Sec. 3.
Sec4.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Zoning Ordinance of the
City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be punishable
as such.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
fX~:~t reading and public hearing being conducted on the 23r9 day of
,1999.
The seA:p:~tding and public hearing being conducted on the lJ,-tb
day of ,1999. Tabled at second reading, approved Apri I 20,
1999.
ATTEST:
CITY OF COLLEYVILLE:
;J~
an Harris, CMC
City Secretary
Richard Newton
Mayor
:nVED AS TO FORM AND LEGALITY:
ROSS~~
City Attorney
If the Mayor shall neglect to
approve or object to any such
proceedings for a longer period
than seven (7) days after the
ordinance or resolution is placed
in the office of the City Secretary
as aforesaid, the same shall
become effective immediately upon
publication as required by law.
City of Colleyville Charter
Sec t ion 3. 14
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Exhibit A
Ordinance 0-99-1153
PUD-R
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5 Ii J !.II .,~U:,
-~'f"'l~ .~'
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TRACT I:
Lot, tract or parcel of land, lying and being situated in Tarrant County,
xexas, being out of the Joseph Harrell Survey, Abet. '798, and the H.L.
Allen Survey, AD.t. .651 in said Tarrant Coun~y, and being describecl by
metes and bounds as fol ows: .
BEGINNING 686 ft. North 89 1/2 degree. Eaet from the Northwest corner of
~.the Joseph Harrell Survey Abet. '798i an iron pin the Northeast corner of a
20 acre ~ract of land a. shown in Vo ume 756, Page 498 Deed of Truat
Records of Tarrant County, Xexas;
THENCE North 89 1/2 degrees East with fence line at 1954 ft. the Northeast
corner of said Harrell Survey and the Northwest corner of the North nSLL"
of the H.L. Allen Survey, in all 2605 ft. an iron pin the Kortheaat corner
of said ALlen Survey, the Northeaat corner of a tract of land deedad to
W.E. Rou...y et ux a. shown in Volume 1478, Page 285 Deed aecords of
Tarrant County, TexaB.
THENCE South 1/4 deqrees East with fence line and the But line of said
Allen Survey, 1760 ft. an iron pin the southeast corner of said Rous.ey
tract;
THENCE West with fence line and the South line of said aou8.ey tract, 618.3
ft. an iron pin;
THENCE North 477.2 ft. an iron pin;
THENCE W..t 1414.3 ft. an iron pin;
THENCE South 84 1/4 degree. West 149 ft. an iron pin the Southeast corner
of a tract of land as shown in Volume 2528, Page 354 Deed Records of
Tarrant County, Texa.;
THBNCE North 434 ft., an iron pin, its Northeast corner;
THENCE West 340 ft. an iron pin in the East line of a tract of land shown
in Volume 2379, Page 539, Deed Records of Tarrant eou.nty, Texa.,
THENCE North 50 ft. it. North.."t corner an iron pin,
THENCE West 90 ft. an iron pin, its Northwest corner in the Ba.t line of
.aid 20 acre tract;
THENCE North with the Bast line and
beginningt' being 52.S acre. of land
acres of and Qut of the H.L. ~llen
or leBS.
fence line 786 ft. to the place of
out ot the Joseph Harrell Survey and 26
Survey, in all 78.5 acres of land more
TRACT II:
7.24 acrea out of the above 10 acre tract and BEGINNING at a point which
stand. 1727.55 feet South and 1264.22 feet Baet of the Northwest corner of
the Joseph Harrel Survey, said Northwest corner aleo being the Northwest
corner o~ a 20 acre tract recorded in Volume 756 Page 498 Deed Records of
Tarrant County, Texas, and .aid beginning point 6.1ng the Southwest corner
of the 10 acre tract;
THENCE North 413.46 feet along fence line and West line of ..id 10 acre
tract;
THENCE North 89 degree. 29 minutes East 733.94 feet to ~on pin for corner;
THENCE South 1 degree 49 minutes Bast 430 feet to iron pin ..t in south
line of s.id 10 acre tract,
THENCE North 88 degree. 48 minute. We.t along the South 11ne of said 10
acre tract 750 feet to POINT OF BEGINNING.
Exhibit B
Metes & Bounds Description
Ordinance 0-99-1153
Tr.c,T rrr
Lot L BloCk 1 of PURCELL ADDITION, an ~~tion ~het~!a~i~he~of
co11eYville. ~~rrant County, Texas. acoof ~h ns1tOt necords of T~ant
recorded in Volume 389-130, Page 93, 0 t e ~ a ~
County, Texas"
Tt'3GI J;IZ'
Rg'"q. tfle' or l11ftd altvltwd Jft the ~. J. D~ddo lurvIY.
""aUlIct Jlo. 2Ja. t:lty or CoJ1cyvllla, '.ur....' Cunn',. T("us anll
tv-l!lq a ""rUnn nt I hill cl!rlllln trael "I 111"01 c1ft1lc1r..l to Jnrry 11.
.....ldhoJt .. recorded ill Ve1\IN 4711. "a~ '14 lIr \/to /I..d Ilecorda
Clr Ta..,allt Cou,,,;y. 'rella. and tie"', IIOre 1",,"leulilrlY ctuor1bec1 tl"
....llr. alHl bo~ncI. as rei lDWlt.
RGINIIIIlO et ." lroa rool CCMlnd 'or tho nllrt",",s, norMr 0' the
le14l1alt AdlU t.J Oft. In llcl.U tJOII ~O ~II. (Hy or Calley.U 10.
"arrlnt County. To..a I' r~r'cd Lft Yolq" ).,-Il). 'aqQ '4 of
lho 'lat lor.ords ~I Tarr.ftt eo.l\ty. Ye...:
'nIE..c:B
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111t.'WC1I
11tEIICIl
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I U""';U-I. vl\h t.1I. 'Vllst line nf Slid IIGUllaJt
"'dU'..", . .'.t.ane. Clr 24'."1 het to .,\ ,I rOll rod
'follnd rot COI'lIer,
I "0"" )O~&. vUh tllo 10111:11 11.. of I.ot. I .r ....
~ld/to1c Add'tlon. e distanct Clf 'I." 'cut \;0 .. iron
rod Cou" lor corn.r,
. UOU'''.E. "1\11 \he _th liM of l.ut. I IInd ) 01
..Id Neldhol\ ~itIOA. . dl,t.nca nl "J.~' ',ot to .n
hall rod fCMIIHI for corner,
.,'
S OO')l'O,'t. a di.tanee of " 1.11 f;set to .11 1roa ro4
CCMlftd for ftorft9r'
" ,,".]'])'W. a dietallce of 418.94 f..t t,o Aft iroll rod
f~nd fot corn4r,
. OO"15'~1.W. . diet.nn. br 411.13 ler.t t.. 011\ Iron roil
.ut. Co," corner:
I."')"'U'W, e ,U'I,lI"'!Cl .1 407.U fert t,~ .. I rOll rod
......(Ollllcl Cor rorlH1' I
.. 00'40'45-". " .hlltanee or ~I'.ao r~.L 'D 1ft Iron rad
lound ror ~rn~r:
. i)'O,I.a-E, I dl"ta..c' or !oS.~5 feel: Ie- In iro" rod
fCMInd ror e.,rn4r,
N ,,'IS'2)"R, I diM.anee fl( 235.10 feet to en "'nn rod
CounA 'or cor.lIr:
II 73.,a'2r"<<, A dlstalleo or 200.1' I.,t to lho 'OlMT or
8t~lNNINC alld ~onl.IIIJlIq 14.". ~erea IIr 5..,511 aqu.r.
feot Dr land. .ore or I....
tOO
Tr4c:t JZ
11:
D.III~ . tract oC Jalld .ILllal.' In the ~. ~. "~dd~ ~vrYey,
AlInuot 110. Z,U. City ot eoUeyvlllll. "arrant (:o\ln\y. TOll",
..id tract of '~nd bolaq aJJ Dr intended to be .11 of till'
eart..in trac:l 0' bncl "oodel to .!eny W. WoJdholl. 15 r':r.ftrd~" III
V, I".". lalll. !'.,,,,. A"~ It' rhn ".."" lIrl'nr"" "r T~rrllll' ""nn'y.
TI"a.. an" Ileln9 IIOr. pArt.lcularly oIoacrlhod by ...Ira .,\11 houllCl.
.1 tollow..
DF~lNNIUG at a.. Jron rOd fOllnd 'or corner betn~ South. .. ~l.\;.nco
of 1342.0 feet an4 Weat. a .istance of .IO.4~ roo. fro_ thq
northoast cor".r oC tile D. J. llc:c1do SIInoy. ^hlltr.I.:t No. 231 II
po, ..id dead reoor"a" 1ft Volu.c l"l. raqa .~, or till Deod
Record, ot Tllrr.nt County. Teaas.
'I'lt~lICJI: It "''lII'l'.V. a dl.\ann of 405. ), rcot .ft an 1 rOil rod
lat for corne":
TIlJI:IIC~ II OO..O'U.... . ell .UnCD Of ..... '" fc,ct :.. an Lron rod
round for Corft.r;
1'llEMCII N "'.34'U.Il. a lUlI,anco of 407.U raroL tv en Lron roll
.ot for r.or"r.J': ":0,. ~
TIIElIClt I 00''''''.10:. I dlstllnr:e or 461.12 ,.."t t... tile 1'01llT 01" ~!
DRG1NNING and c:onteln'nq ..294 .cro', or 111.'11 elfV<' ra ,"
,..... ..t 1Ju,,\. 1I'",..Jt. ft. 1"...._
./
. .
Tr.d- IT
DESCIllrtlOll. or ",orlan
..1M . \I'U or 1M' 1lt.llne4 ill elle ..1. lllIDO SUMYIl1'. ~lNon."e
110. In. cit, ot ColhrUl.. fU,..., CIt..". r.... ."" "1",
..r. perUlIlIltt lr '...odlM' .. foU.....
DIIOI""ll1O n .. h- ...... t...... tor t.ft. nonhvc... coraer .r Lot I.
"oek 1. '~r..11 ~"I,lo.. .11 ...",.. ,. ,~. Cl'y 0'
CoU.rUle. T""/lt. Couot,. "'aa. .. ro"or04' b ""1_ 3...1)0.
'e,_ U 01 ,lie PIU ..cor.ta or 'er..... Colmty. T......
TII"'Cl: . oa'OO'll' II. ..Ith 'M ...., Ibe 0' .11" "'r".n
Udld... . din..... of 1211.0 fH' co .. I'" Ill' .n
I.. ,he llonll 11.. ot llcllonoo.U Ie_I au..
T"!lICK . "'J,'51. _, e dhuII... oC Uf." c..t '0.. Ir... ....
t.... fer 'C'ecaer, '
TIlIllCll .. .0....01. II, . .In...... of .n.n feet. .0... !rOIl rod
'olNHl tor t.1I, ""rellta" Hrlltf .r , ".42 .er, un .,
\e" ....... to It. 'n"""r II r.corele" II vol_ 71t'.
h.. 111 of tile Deed "cord. of T.rr.n' ~u,. T.....
..HI Iro" rN .". HI., &I.. .tvt".'" ..tner .1 . "..
11:,._ trac:c Dr 1..6 ked.' CoO ..... col.. .. r.cordn 1a
"01.... ani. P.,. UI 0' 'th. De,,' ~O:Or" of Tar,.",
C__t" T...I'
,
thlMCl ~ 00'02'.a' 11, ..It~ tho ..., II.. or ..1. .... ~.Io
u.n. . "n._ .f 411.M f.., .. III Iroll rOll r......
..' 0 f.nn CORtI'l
TlfEllCI II ,,')1' SO. II. _1""1" "hh lh. .... U... 0' pl'
II... Col. te.... . .IUaaee O. 114'1." lcet to U itClll
rod f",,"" 'Dr tile lIOreNut corn.. .e .old II... Cole
"t.C:C,1
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SlIlJdhld..... .. .""Jtl.... to IN elt, of Collay.IU..
"trlll' C......F. "".... .. Ie..or"'" Vol_ U'-ll1, 'Dt.
~. 01 &M 'let ..eet'l 0' tar..". c:..".,. ,....;
II ""O'~" " ..J.I th. .o.t~ 110. .r ..1. LDk....y-
I.Ile, ..~1'1.1.... 441...... or "0." feot '0..
ho. .od [oand hr th. ..ue"."e eO''''r ..C ..1'
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e"t 'OU'"'''''' co."'" 0' . ... .cre tnet .t 1... 'ac'od
Co t.. ...,.. ." r........ l" V01_ U,.. ,..,. us ..
'h' Dt.e 1-.1, ., Ta.,..., CHIIty. T.....,
II U'U' U' I. \IltJ1 t.ho I0Il'. U". of Ill' T. -.",...
tr.n. 0 dl.u".e of 11.4' felt U .. Ir... .od ,....
for .OP'"
IIn'z~'n' II. .. 6In._ .r 'I1.U to.t t. ." Ir"o" rOll
[...... ro, tho ."u,.....t Iftuer of ..Id ,.. ....t.. trtce.
..1.. lr_ ,... .1.. ....1.... ,,,. .""th>ocn i....cr ..r . Lit
.n. .,It, .f '''11' ......" to o. IIttU.. .. "...,.., Ill'
v.l..... un. ..,. III .r .10. De" ...or", ..r 't..ra..k
c..,,..,.. hM..,
II "'14'45", "nit tho _.11 11... of .." .. .hlt...
tt.... . 'UU." of iU." C." to a. 1'0" rod f....1Wl
101' COIIIII' 1
. ,,'n'aa' I. . .h..... of Itt,n ,,,.. to ." Iren rei
t....." r.r .... .o..Lft...\ ...,.r .r ..Cd t. ...Ieo.
~r..t I
. ."U'5t. I. . .IJ.C.~ 01 If.n rftt. '0 e" AtOll :ud
rou~. rOr t~. .o.t ..rth6r11 ll.,._w,tl c.rnor or
Vold_ol. A_.ltl... .. ael. ti... to ~ft. City 0'
CoU.rvlll.. Tur..t co~~ey, 'tun .. rc""C~'" ...
"olu... '...IU. .... 51 01 she '1., 1IcI...... .1 Ter.."
C:.~n' r. Tc 1&' ,
5 So""'Sa" v. viti .h. ftor.h"....tl' .1i.. ..r ..Jd
lIellllo1\ M4.1d... . .bt.nee or In.n roet to ... iron
rod ,...... f 01 eonoon
I co'ao'IS' II, . ..nu.e of 111.1. fe.t. '0'" if... reO
c..... 'or eho .... VG.e.ri, cor..r .C ..1_ 1I.14bol\
""lilt 1011. ..ld ,.... rei .100 llcIl". tllo _t 1I..,lherly
lor..r or . tr.., 0' "~ ...... to J. ..ldll..lt ..
..."or.... I.. 1101_ un. rOt. IU of ,lie 1loa4 '.cord.
gl "."..., eo...t" 't...., .
TlIlIJIl:.
. "....at. II. "itll tll. .... oortllcrl, Uno 0' ..14 J.
Mel.llelt tract. . .hto_ of 2".11 IIn .0... tron
hd 'au,", for co,.er,
. "'3"31' v. . ".t..OII of nl.'" ,.... ,. ... 1.011 r..
rovlll '.r "'rnol'l
. U'O,.... II. . 41ot."". lOt 5S.U rect CD on 1.011 .001
t..... for .". .onllvcn eo"er of ..t. J. .d""olt.
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S 00'.a'4S' I, pa..1M' .. Iro. ro' r..~. lor .h.
.o..h"... _O~lIer lOt ..1. J. ....."..1. .r.., ., .
4ht........' $1'." leO', III .11 . 'Sltu.. ., ns."
'e.. .. '0 Ir... rod ... Co. en"."
1I "'U'aI' tl. . .h'.... .r iU." h., te ... h." ...
II. .. o. "..co '''''.''
~ ..'4"'" i. . dlltnce oC U5.2I Coat to .~ C..'" r"
tall"'" rc..r th. northe".t: eor"cr of ."ill or !.,(IIt 1. Iloc;'
'. "".coll AdcIit Ion I
~ a"'4'J&. w. vltll \10. "'r~~ II'" .r ..Id rur.tll
Addhh_. . .au.". ot lU... rc..~ t. lh. 'OlIlT II'
~KalM~I~a .~d "".'1,,1.. 10,)'\ I'r.' .. ).)0..1'1
"q~.r. t..t or 1.MI. Mre .,. 10.'.
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FIELD NOTF.S
F
POR A TRACT OF LAND IN THE H. H. fREEMAN SURVEY, ABSTKACT NO. J.33
AND TlIt w. E. CROOK SURVEY, AnSTRACT NO. 29~t SITUATED III Tudn
COUNTY t T&XAS. AND BEING HOIl~ PARTICUl.I\IU.Y D&SCKUED BY HET&S lND
BOUNDS AS fOLLOWS:
DKGIMNING at an iro~ pin 1n the Vest I1ne of John McCain Rood, .
aDid point belnl. by deed calls. S. U9- - ~1' - 40"li.
5S2:74 fect, S. I' - 39' E. 150.0 Ccet, ~. S- - 0&' I.
t . 9~;2 feet and S. 26- - 04' - O~" E. 194.~1 Coct fro.i~hc
Southwest corner of 8 callod 7.018 Qtfe tract a. dest?lb.d
in a heel of rc~ord 111 Volu.. 35~O. hIe 281. Deed Re'cord..
Tarront County. Tela.:
THENe!
S. 26' - 04' - 03d t. 314.32 feet contlnulna .10n& t.~ Velt
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CITY COUNCIL CC@m<ll AGENDA BRIEFING
Tl."xa$
MEETING DATE: 08/16/05 CITY MANAGER!
ITEM #: 4c DEPARTMENT HEAD
RESOLUTION #: R-05-2580 FINANCE REVIEW' NIA
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT : Approval of a Contract with Pattillo, Brown, & Hill,
L.L.P., for audit services for fiscal year ended
September 30,2005 - by Consent
Reading and Public Hearing
In August 2003, the Council awarded the contract for auditing services to Pattillo, Brown, &
Hill, L.L.P., for a five-year term (Fiscal Years 2003 - 2007). The cost of auditing services is
$32,750, as proposed for second year services in the original Request for Proposal. Attached
is the contract submitted by Pattillo, Brown, & Hill, L.L.P., for auditing services for Fiscal Year
ended September 30,2005.
Recommendation
Approval
Attachments
. Audit engagement contract
PH-m
PATTILLO, BROWN & HILL,L.L.p.
CERTIFIED PUBLIC ACCOUNTANTS. BUSINESS CONSULTANTS
August l, 2005
City of Colleyville, Texas
Attention: Terry Leake, Finance Director
100 Main Street
Colleyville, TX 76034
Ladies and Gentlemen:
We are pleasedJo confirm our understanding of the services we are to provide the City of
ColleyvilIe for the year ended September 30, 2005. We will audit the financial statements of the
governmental activities, the business-type activities, the discretely presented component unit, each
major fund, and the aggregate remaining fund information, which collectively comprise the entity's
basic financial statements, of the City of Colleyville as of and for the year ended September 30, 2005.
The document we submit to you will include the following supplementary information required by
generally accepted accounting principles that will be subjected to certain limited procedures, but will
not be audited:
1. Management's discussion and analysis.
Also, the document we submit to you will include the following additional information that
will be subjected to the auditing procedures applied in our audit of the financial statements upon
which we will provide an opinion in relation to the basic financial statements:
1. Combining and individual non-major fund financial statements.
The document will also include the following additional information that will not be subject
to the auditing procedures applied in our audit of the financial statements, and for which our auditor's
report will disclaim an opinion.
1. Introductory section.
2. Statistical data
401 WEST HIGHWAY 6. P. O. BOX 20725. WACO, TX 76702-0725 - (254) 772-4901- FAX: (254) 772-4920. www.pbhcpa.com
AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544-7778. HILLSBORO, TX (254) 582-2583
TEMPLE, TX (254) 791-3460 _ ALBUQUERQUE, NM (505) 266-5904
City of Colleyville
August 1, 2005
Page 2
Audit Objectives
The objective of our audit is the expression of an opmlOn as to whether your financial
statements are fairly presented, in all material respects, in conformity with U.s. generally accepted
accounting principles and to report on the fairness of the additional information referred to in the first
paragraph when considered in relation to the financial statements taken as a whole. Our audit will be
conducted in accordance with U.S. generally accepted auditing standards and the standards for
financial audits contained in Government Auditing Standards, issued by the Comptroller General of
the United States, and will include tests of the accounting records of the City of Colleyville and other
procedures we consider necessary to enable us to express such an opinion. If our opinion on the
financial statements is other than unqualified, we will fully discuss the reasons with you in advance.
If, for any reason, we are unable to complete the audit or are unable to form or have not formed an
opinion, we may decline to express an opinion or to issue a report as a result ofthis engagement.
We will also provide a report (that does not include an opinion) on internal control related to
the financial statements and compliance with laws, regulations, and the provisions of contracts or
grant agreements, noncompliance with which could have a material effect on the financial statements
as required by Government Auditing Standards. This report will include a statement that the report is
intended solely for the information and use of the audit committee, management, and specific
legislative or regulatory bodies and is not intended to be and should not be used by anyone other than
these specified parties.
Management Responsibilities
Management is responsible for establishing and maintaining effective internal control and for
compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility,
estimates and judgments by management are required to assess the expected benefits and related costs
of the controls. The objectives of internal control are to provide management with reasonable, but not
absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that
transactions are executed in accordance with management's authorizations and recorded properly to
permit the preparation of financial statements in accordance with generally accepted accounting
principles.
Management is responsible for making all financial records and related information available
to us. We understand that you will provide us with such information required for our audit and that
you are responsible for the accuracy and completeness of that information. We will advise you about
appropriate accounting principles and their application and will advise you in the preparation of your
financial statements, but the responsibility for the financial statements remains with you. As part of
our engagement, we may propose standard, adjusting, or correcting journal entries to your financial
statements. You are responsible for reviewing the entries and understanding the nature of any
proposed entries and the impact they have on the financial statements. That responsibility includes the
establishment and maintenance of adequate records and effective internal control over financial
reporting, the selection and application of accounting principles, and the safeguarding of assets.
Management is responsible for adjusting the financial statements to correct material misstatements
and for confirming to us in the representation letter that the effects of any uncorrected misstatements
City of Colleyville
August 1, 2005
Page 3
aggregated by us during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent
and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the
government involving (l) management, (2) employees who have significant roles in internal control,
and (3) others where the fraud or illegal acts could have a material effect on the financial statements.
You are also responsible for informing us of your knowledge of any allegations of fraud or suspected
fraud, or illegal acts affecting the government received in communications from employees, former
employees, grantors, regulators, or others. In addition, you are responsible for identifying and
ensuring that the entity complies with applicable laws and regulations and for taking timely and
appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or
abuse that we may report.
As part of the audit, we will prepare a draft of your financial statements and related notes. In
accordance with Government Auditing Standards, you will be required to review and approve those
financial statements prior to their issuance and have a responsibility to be in a position in fact and
appearance to make an informed judgment on those financial statements. Further, you are required to
designate a qualified management-level individual to be responsible and accountable for overseeing
our servIces.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures
in the financial statements; therefore, our audit will involve judgment about the number of
transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain
reasonable rather than absolute assurance about whether the financial statements are free of material
misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of
assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to
acts by management or employees acting on behalf of the entity. Because the determination of abuse
is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance
of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and
because we will not perform a detailed examination of all transactions, there is a risk that material
misstatements may exist and not be detected by us. In addition, an audit is not designed to detect
immaterial misstatements or violations of laws or governmental regulations that do not have a direct
and material effect on the financial statements. However, we will inform you of any material errors
that come to our attention, and we will infonn you of any fraudulent financial reporting or
misappropriation of assets that comes to our attention. We will also inform you of any violations of
laws or governmental regulations that come to our attention, unless clearly inconsequential. Our
responsibility as auditors is limited to the period covered by our audit and does not extend to matters
that might arise during any later periods for which we are not engaged as auditors.
City of Colleyville
August 1, 2005
Page 4
Our procedures will include tests of documentary evidence supporting the transactions
recorded in the accounts, and may include tests of the physical existence of inventories, and direct
contirmation of receivables and certain other assets and liabilities by correspondence with selected
individuals, creditors, and financial institutions. We will request written representations from your
attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the
conclusion of our audit, we will also require certain written representations from you about the
financial statements and related matters.
Identifying and ensuring that the City of Colleyville complies with laws, regulations,
contracts, and agreements is the responsibility of management. As part of obtaining reasonable
assurance about whether the financial statements are free of material misstatement, we will perform
tests of the City of Colleyville's compliance with applicable laws and regulations and the provisions
of contracts and agreements. However, the objective of our audit will not be to provide an opinion on
overall compliance and we will not express such an opinion.
Audit Procedures-Internal Controls
In planning and performing our audit, we will consider the internal control sufficient to plan
the audit in order to detennine the nature, timing, and extent of our auditing procedures for the
purpose of expressing our opinion on the City of Colleyville' s financial statements.
We will obtain an understanding of the design of the relevant controls and whether they have
been placed in operation, and we will assess control risk. Tests of controls may be performed to test
the effectiveness of certain controls that we consider relevant to preventing and detecting errors and
fraud that are material to the financial statements and to preventing and detecting misstatements
resulting from illegal acts and other noncompliance matters that have a direct and material effect on
the financial statements. Tests of controls are required only if control risk is assessed below the
maximum level. Our tests, if perfonned, will be less in scope than would be necessary to render an
opinion on internal control and, accordingly, no opinion will be expressed in our report on internal
control issued pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify reportable
conditions. However, we will inform the governing body or audit committee of any matters involving
internal control and its operation that we consider to be reportable conditions under standards
established by the American Institute of Certified Public Accountants. Reportable conditions involve
matters coming to our attention relating to significant deficiencies in the design or operation of the
internal control that, in our judgment, could adversely affect the entity's ability to record, process,
summarize, and report financial data consistent with the assertions of management in the financial
statements. We will also inform you of any nonreportable conditions or other matters involving
internal control, if any, as required by Government Auditing Standards.
City of ColleyviUe
August 1, 2005
Page 5
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request
and will locate any documents selected by us for testing.
The audit documentation for this engagement is the property of Pattillo, Brown & Hill, L.L.P.
and constitutes confidential infonnation. However, pursuant to authority given by law or regulation,
we may be requested to make certain audit documentation available to a federal agency providing
direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality
review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify
you of any such request. If requested, access to such audit documentation will be provided under the
supervision of Pattillo, Brown & Hill, L.L.P. personnel. Furthermore, upon request, we may provide
copies of selected audit documentation to the aforementioned parties. These parties may intend, or
decide, to distribute the copies or information contained therein to others, including other
governmental agencies.
Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as
report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree
that our gross fee, including expenses, will not exceed $32,750. Our standard hourly rates vary
according to the degree of responsibility involved and the experience level of the personnel assigned
to your audit. Our invoices for these fees will be rendered each month as work progresses and are
payable on presentation. In accordance with our firm policies, work may be suspended if your account
becomes overdue and may not be resumed until your account is paid in full. If we elect to terminate
our services for nonpayment, our engagement will be deemed to have been completed upon written
notification of termination, even if we have not completed our report. You will be obligated to
compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date
of termination. The above fee is based on anticipated cooperation from your personnel and the
assumption that unexpected circumstances will not be encountered during the audit. If significant
additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we
incur the additional costs.
Government Auditing Standards require that we provide you with a copy of our most recent
external peer review report and any letter of comment, and any subsequent peer review reports and
letters of comment received during the period of the contract. Our 2004 peer review letter of
comment accompanies this letter.
We appreciate the opportunity to be of service to the City of Colleyville and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please let
us know. If you agree with the terms of our engagement as described in this letter, please sign the
enclosed copy and return it to us.
City of ColleyvilJe
August 1, 2005
Page 6
Very truly yours,
PATTILLO, BROWN & HILL, L.L.P.
r-~- ~
John K. Manning, CPA
JK.M/as
RESPONSE:
This letter correctly sets forth the understanding of the City of Colleyville.
By:
Title:
Date:
83
EUBANK & BETTS
A Pru(t:SSioI13Ilimited Liability Comp.mr
CERTIFIED PUBLIC ACCOUNTANTS
3820 Interstate 55 North I P"St Office Box 16090 I Jackson, Missi%irri 39236-6090 I Phone (601) 987 -4 JOO I Fax (60 [) 987 -4314
October 27, 2004
To the Partners
Pattillo, Brown & Hill, L.L.P.
and the Center for Public Company Audit Firms
Peer Review Committee
We have reviewed the system of quality control for the accounting and auditing practice
of Pattillo, Brown & Hill, L.L.P. (the firm), applicable to non-SEC issuers in effect for the year
ended May 31,2004. The firm's accounting and auditing practice applicable to SEC issuers was
not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is
responsible for inspecting that portion of the firm's accounting and auditing practice in
accordance with PCAOB requirements. A system of quality control encompasses the firm's
organizational structure and the policies adopted and procedures established to provide it with
reasonable assurance of complying with professional standards. The elements of quality control
are described in the Statements on Quality Control Standards issue by the American Institute of
Certified Public Accountants (the AlCP A). The design of the system, and compliance with it, are
the responsibilities of the firm_ Our responsibility is to express an opinion on the design of the
system, and the fim1's compliance with that system based on our review_
Our review was conducted in accordance with standards established by the Peer Review
Committee of the Center for Public Company Audit Firms and included procedures to plan and
perform the review that are summarized in the attached description of the peer review process.
Our revie\v would not necessarily disclose all weaknesses in the system of quality control or all
instances of lack of compliance with it since it was based on selective tests. Because there are
inherent limitations in the effectiveness of any system of quality control, departures from the
system may occur and not be detected. Also, projection of any evaluation of a system of quality
control to future periods is subject to the risk that the system of quality control may become
inadequate because of changes in conditions, or that the degree of compliance with the policies or
procedures may deteriorate.
In our opinion, the system of quality control for the accounting and auditing practice
applicable to the non-SEC issuers of PattiIlo, Brown & Hill, L.L.P. in effect for the year ended
May 31, 2004, has been designed to meet the requirements of the quality control standards for an
accounting and auditing practice established by the AlCPA, and was complied with during the
year then ended to provide the firm with reasonable assurance of complying with applicable
processional standards.
~~~~
EUBANK & BETTS, PLLC
CITY COUNCIL cneu", AGENDA BRIEFING
lC'x<\$
MEETING DATE: 08/16/05 CITY MANAGER
ITEM # : 4d DEPARTMENT HEAD
RESOLUTION #: i R-05-2580 FINANCE REVIEW I
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT: Approval of a Lease Agreement with Municipal
Services Group, Inc. for an asphalt distributor and
mini-excavator/skid steer loader - by Consent
Reading and Public Hearing
On August 3, 2005, the City Council approved the purchase of an asphalt distributor and mini-
excavator/skid-steer loader, with the purchase to be funded through a lease purchase
agreement. On August 5, 2005, the City received three bids for lease purchase financing of
both pieces of equipment for a term of four years. Attached is a recap of all proposals
received. The proposal submitted by Municipal Services Group, Inc. in the amount of
$171,407.71 ($165,264.00 principal/ $6,143.71 interest) has the lowest payments over the
term of the lease.
Financial Impact
The first year lease down payment for the mini-excavator/skid-steer loader is included in the
Drainage Utility Fund budget, and the subsequent annual payments are $14,478.91. The first
year lease payment for the asphalt distributor was approved for use from budget savings in the
Street Department on July 12, 2005. The subsequent annual payments are $24,323.66, and
will be paid from the Debt Service Fund budget
Recommendation
Approval
Attachments
. Recap of Public Works Equipment Lease Financing Proposals
. Lease Agreement - Asphalt Distributor
. Lease Agreement - Mini excavator/skid steer loader
RECAP OF PUBLIC WORKS EQUIPMENT LEASE FINANCING PROPOSALS
ASP HAL T DISTRIBUTOR
COMPANY PRINCIPAL INTEREST MISC. TOTAL
PAYMENT PAYMENT FEES PAYMENT
CHASE EQUIPMENT LEASING $94,187.00 $4,853.97 $0.00 $99,040.97
FIRST PUBLIC $94,187.00 $3,284.13 $1,000.00 $98,471.13
MUNICIPAL SERVICES GROUP $94,187.00 $3,783.98 $0.00 $97,970.98
MINI EXCAVATOR/SKID STEER LOADER
COMPANY PRINCIPAL INTEREST MISC. TOTAL
PAYMENT PAYMENT FEES PAYMENT
CHASE EQUIPMENT LEASING $71,077.00 $2,961.07 $0.00 $74,038.07
FIRST PUBLIC $71,077.00 $1,968.83 $1,000.00 $74,045.83
MUNICIPAL SERVICES GROUP $71,077.00 $2,359.73 $0.00 $73,436.73
TOTAL PACKAGE
COMPANY PRINCIPAL INTEREST MISC. TOTAL
PAYMENT PAYMENT FEES PAYMENT
CHASE EQUIPMENT LEASING $165,264.00 $7,815.04 $0.00 $173,079.04
FIRST PUBLIC $165,264.00 $5,252.96 $2,000.00 $172,516.96
MUNICIPAL SERVICES GROUP $165,264.00 $6,143.71 $0.00 $171,407.71
RECOMMENDED VENDOR
5125 S. Kipling Parkway, Suite 300 - Littleton, CO 80127 - 800.530.3100 - FAX 303.933.9991
INSTALLMENT PURCHASE AGREEMENT
BUYER: City ofColleyville
AGREEMENT #S1149
This Agreement is a binding contract between Municipal Services Group, Inc (MSG) and Buyer (you).
1. The Agreement. In executing this Agreement, you agree to finance the equipment described in Exhibit B (the Equipment). Exhibit B also sets forth the terms ofthe
Agreement, including the commencement (or "Dated") date, which is the date when the term begins and your obligation to make payments accrues. Installment
payments should be paid to MSG as instructed, and paid only out of legally available funds. A portion of each installment payment represents interest, as shown on
Exhibit B, and Exhibit B reflects an interest rate included in the installment payments. In order to maintain that interest rate, you must comply with the tax covenants
dcscribcd bclow and filc informational fcdcral tax rorm 80J8-G or rorm 80J8-GC, included as a Supplement to the Agreement and to he filed by MSG. If not, each
installment payment will be increased to compensate for the loss of the tax exemption status which was assumed in the initial interest rate.
2. The Obligation to Make Payments/Continuation. The initial term of the Agreement terminates on the last day of your then current fiscal year, and the term will
automatically be renewed at the end of the initial term or any renewal term for an additional one year unless you provide written notice to MSG at least 45 davs prior to
the end of the term then in effect of your intention to discontinue the Agreement, and this Agreement will terminate. Termination will be effective at the end of the last
installment term for which the installment payment has been paid. If you provide notice within 44 days of the end of the term then in effect, such discontinuation shall
be effective, but you will be obligated to pay to MSG damages in an amount equal to the installment payments to become due and owing during the first 90 days of the
next term. Your obligation to make installment payments shall be absolute and unconditional in all events. except in the event of discontinuation, and you will not
assert any right of withholding, set-off or counterclaim. You represent that your obligations under this Agreement will not violate any limitation on your creation of
indebtedness under the laws of the state of Texas.
3. Representations. You represent and warrant that you are a public body, organized and existing under the Constitution and laws of your state, that you are duly
anthorized to execute and deliver this Agreement, and that you will do all things necessary to preserve your existences as a hody corporMe and politic You tiu1her
represent that, as of the date hereof, you have not exercised non-appropriation rights on any tax-exempt obligation(s).
4. The Equipment. You agree and acknowledge that (i) you have selected the Equipment to be financed hy you, (ii) the Equipment is, and during the period of this
Agreement shall remain, personal property, (iii) the Equipment will have a useful life in your hands that is substantially in excess of the initial term and all renewal
terms of this Agreement, and (iv) you do not intend to sell, or otherwise dispose of; the Equipment during the term of the Agreement. You may contact the seller of the
Equipment directly to effect the acquisition of the Equipment. When you accept the Equipment. you must deliver to MSG an Acceptance Certificate in the form of
attached Exhibit D. MSG may establish an escrow account into which it will deposit the proceeds of the Agreement. to he utilized to acquire the Equipment.
5. Security Interest and Title 01' the Equipment. During this Agreement, you will have title to the Equipment. unless you default. You grant to MSG a tirst lien
security interest in the Equipment and anything you attach to the Equipment, and all proceeds, including insurance proceeds. The Equipment must be kept free of all
liens and encumbrances, except MSG's security interest, at all times. You agree to sign all documents and pay all fees required to perfect, preserve. or maintain MSG's
security interest. After you have paid to MSG all amounts due hereunder, MSG's security interest in the Equipment will be released, and you will have I'ull title to the
Equipment.
6. Option to Prepay at any Time. You may elect to prepay all (and only all) of the installment payments for the Equipment at any time by paying the applicable
Purchase Price plus accrued interest. if applicable. as shown in Exhibit B.
7. Responsibility for Repair and Maintenance. You agree to maintain the Equipment in good condition and make all necessary repairs and replacements at your
expense. You agree to maintain a maintenance log for the Equipment and permit MSG to inspect the Equipment and the log(s). You must have the Equipment serviced
and repaired at your expense when servicing or repair is required within intervals not exceeding 125% of those recommended in the owner's manual(s).
8. Tax Covenants. You will not make or direct any use of the proceeds of the obligation provided herein or any other funds which will cause such obligation to be an
"arbitrage bond" within the meaning of Section 148 of the federal tax code (the "Code'-). to be "federally guaranteed" within the meaning of Section 149 of the Code, or
to be a "private activity bond" within the meaning of Section ]41(a) of the Code. To that end, so long as any installment payments are unpaid, you, with respect to such
proceeds and such other funds, will comply with all requirements of such Code sections and all regulations of the United States Department of the Treasury issued
thereunder to the extent that such requirements are, at the time, applicable and in effect. Furthermore, to the extent applicable pursuant to Section 148(1) of the Code,
you covenant to complete or cause to be completed all reporting requirements and rebate all positive arbitrage to the United States of America. You covenant that the
Equipment will be used only for the purpose of performing one or more of your governmental or proprietary functions, and the Equipment will not be used in a trade or
business of any person or entity other than you on a basis different from the general public. You will not use or permit the use of the Equipment by any person for a
"private business use" within the meaning of Section 141 (b) of the Code in such manner or to such extent as would result in the inclusion of interest received hereunder
in gross income for federal income tax purposes under Section 10J of the Code.
The parties will cooperate in performing all acts legally required or desirable in order to assure that the interest component of the installment payments will not be
included in the gross income of MSG or its assigns for federal income tax purposes.
9. Your Risk of Loss or Damage. Upon receipt of the Equipment, you agree to bear all risk ofloss_ damage, destruction or theft. You must maintain insurance of the
types and in at least the amounts shown on Exhibit C. directing your insurance company to give MSG a certificate showing MSG as lender loss payee and an additional
named insured. If you do not maintain the required insurance, MSG may obtain it and charge you for it. You must give MSG prompt notice of (I) the loss, theft, or
destruction of any part of the Equipment. (2) any damage to the Equipment exceeding $500, or (3) any claim arising out of the ownership, maintenance, storage or use
of the Equipment. The parties will cooperate in deciding if insurance proceeds will be applied to the repair of the Equipment or to its Purchase Price. If insurance
proceeds exceed the amount of the Purchase Price, plus interest. or the amount required to complete the work_ MSG will forward the excess proceeds to you.
10. Protect and Hold Harmless Provisions. Except for the intentional or negligent acts of MSG arising out of entering into this Agreement, including any
misstatement of material fact, in connection with any transfer of this Agreement, because you have selected the Equipment for your use and purposes, and because you
operate and maintain the Equipment, you agree, to the extent permitted by the laws of the state of Texas, to protect and hold harmless MSG against any and all loss,
damage, injury, claims, taxes (excluding MSG's income taxes), fees, tines, penalties, and expenses (including reasonable legal fees and expenses) of every kind that
relate to the use, operation, ownership, condition or maintenance of the Equipment. Your obligation to indemnify MSU will continue after termination of the
Agreement as to all matters except those which arise from MSG's (or anyone MSG sells or re-Ieases the Equipment to) use, operation. ownership_ condition or
maintenance of the Equipment following termination.
ll. Warranty. MSG MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR USE. THIS SECTION IN NO EVENT IS INTENDED TO AFFECT THE
W ARRANTJES OR REPRESENTATIONS CONT AJNED IN ANY CONTRACT ENTERED INTO FOR THE ACQUISITION OF THE EQUIPMENT.
12. Termination. This Agreement will terminate: (]) upon payment of all amounts due hereunder by you to MSG; (2) at the time and for the reason set torth in
Section 2; (3) if you have returned the Equipment and paid all amounts due through the end of the term then in effect, including interest. (4) upon your prepayment of
the Equipment under Section 6 and your payment of all amounts due, (5) at MSG's option if you default as described in Section 13. and (6) if all or any portion of the
Equipment has been lost, stolen or damaged beyond repair, upon MSG's receipt of insurance proceeds covering thc purchase price of the lost, stolen or damaged
Equipment. When this Agreement terminates, if you have not paid to MSG all amounts due hereunder, you must, at your expense, return the Equipment you have not
purchased to MSG at an address specified by MSG, in as good condition as when you received it, ordinary wear excepted. You must remove all signs and markings and
make all repairs (other than for ordinary wear) requested by MSG. If you do not, MSG may do so and charge you tor it. No prepaid interest will be rebated to you
upon termination.
13. Default. You will be in default if you fail to perform any agreement of yours in this Agreement or any of your representations are found to be false or misleading.
If any such default occurs, MSG, without notice or demand_ may declare this Agreement in default and declare all amounts eligible or actually appropriated for
installmcnt paymcnts undcr this Agreement to be immediately due and payable. Equipment must then be returned to MSG (at address specified by MSG) at your
expense, and the Equipment and all your rights Iherein shall be deemed surrendered 10 MSG. Upon declaration of default, MSG may repossess the Equipment with or
without process oflaw, and for the purposes may enter upon any of your premises or others' premises, wherever the Equipment may be found, without liability therefor.
MSG may recover from you any unpaid amounts due or to become due for the rest of the term, together with all expenses including reasonable attorney's fees and legal
expenses (to the extent permitted by law) incurred by MSG to enforce its rights. The repossession and sale of the Equipment shall not affect MSG's right to recover
trom you all damages which MSG has sutlered because of your breach. MSG may sell or re-lease the Equipment with or without advertisement, at pubhc or private
sale or leasing, without notice to you, free of any of your interest, without any duty to account to you for MSG's actions or inaction or for any sale or re-lease proceeds.
The proceeds of any sale or re-lease will be applied in the following order: (J) to the expenses (including reasonable attorney's fees) associated with the default,
repossession, and restoration of title to MSG; (2) to the purchase price; and (3) if any proceeds remain, to you. I r MSG is unable to repossess any Equipment after a
default, the Equipment shall be deemed to have sutlered a total loss compensable under Section 9. MSG may also enforce your performance of your covenants or
recover damages for the breach of those covenants. MSG's rights and remedies in this section are not exclusive but are cumulative and in addition to all other rights
and remedies that MSG has at law or in equity.
14. Limitation on Assignment. Assignment or sublease of this Agreement or any interest in it or the Equipment without MSG's prior written consent is prohibited. In
no event may you assign or sublet this Agreement or any interest in it or the Equipment to a non-governmental entity. MSG may assign or sell its interest under this
Agreement, in whole or in part, witbout your consent, but the assignment will not be effective until you have received notice disclosing the name and address of
assignee.
15. Late Charges. If you do not pay installment payments due under this Agreement on their due date, you must pay a late charge of$25.00 plus an additional finance
charge. The Iinance charge accrues on the applicable installment payment amount at the rate equal to the lesser of ( I) 12% or (2) the highest rate allowed by law.
16. Exhibits. All Exhibits and Supplements attached hereto are part of this Agreement, incorporated herein by reference, and must be executed by you.
17. Other Terms. This Agreement constitutes the entire agreement between the parties as to the subject matter it covers and may not be changed except by a written
agreement signed by you and MSG. If any part of this Agreement is or becomes invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not
affect the other or remaining provisions hereof This Agreement and all rights and actions arising under it shall be governed by the laws of your state. No waiver,
consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification
or change shall be effective only in the specific instance and for the specific purpose given. This Agreement may be executed in several counterparts. All notices must
be addressed to the parties at their addresses shown on Exhibit S, or at another address specified by either party in writing.
BUYER: City of Colley vi lie
Municipal Services Group, Inc.
By:
By:
Title:
Title:
Dute:
ATTORNEY FOR BUYER:
Opinion of Buyer's Counsel to Municipal Services Group, Inc.: The foregoing Installment Purchase Agreement has been duly authorized and executed
and is legal, valid, and binding,
Signature:
Name (please print):
Name & Address of Firm:
EXHIBIT A
RESOLUTION OF GOVERNING BODY
EXTRACT OF MINUTES
BUYER: City of Colley vi lie
At a duly called meeting of the governing body of Buyer held on the _ day of
resolution was introduced and adopted.
, _, the following
RESOLVED, whereas the governing body of Buyer has detennined that a true and very real need exists for the acquisition of the
Equipment described in Installment Purchase Agreement No. S 1149 (the "Agreement") presented to this meeting; and
WHEREAS, the governing body of Buyer has taken the necessary steps, including any legal bidding requirements, under applicable law
to arrange for the acquisition and financing of such Equipment,
WHEREAS, the governing body hereby directs its legal counsel to review the Agreement and negotiate appropriate modifications to said
Agreement so as to assure compliance with state law and local statutory law, prior to execution of the Agreement by that person so
authorized by the governing body for such purpose,
BE IT RESOLVED, by the governing body of Buyer that:
Finding: Authorized Officers. The tenns of said Agreement are in the best interests of Buyer for the acquisition of such Equipment,
and the governing body of Buyer designates and confinns the following person to execute and deliver the Agreement and any related
documents necessary to the consummation of the transactions contemplated by the Agreement.
RESOLVED, the acquisition of the Equipment, under the tenns and conditions provided for in the Agreement, is necessary, convenient,
in the furtherance of, and will at all times be used in connection with, Buyer's governmental and proprietary purposes and functions and
are in the best interests of Buyer, and no portion of the Equipment will be used directly or indirectly in any trade or business carried on by
any person other than a governmental unit of the state on a basis different from the general public.
RESOL VED, Buyer certifies that it has not issued or eftected the issuance of, and reasonably anticipates that it shall not issue or effect the
issuance of, more than ten million dollars ($ I 0,000,000) of tax-exempt obligations during the 2005 calendar year, and hereby designates
the financing of the Equipment to which the Agreement pertains as a "qualified tax-exempt obligation," as defined by Section 265 (b)(3)
of the Internal Revenue Code of 1986, as amended.
RESOLVED, Buyer covenants that it will perfonn all acts within its power which are or may be necessary to insure the maintenance of
its legal status as being a duly organized and exisling enlily under the laws of the slale, which slalus is the basis for the inlerest portion of
the rental payments coming due under the Agreement to at all times remain exempt from federal income taxation under the laws and
regulations ofthe United States of America as presently enacted and construed or as hereafter amended.
Signature of Party to Sign Agreement and Exhibits
Title
Signature of Party to Sign Acceptance Certificate
Title
Full Force and Effect. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full
force and effect and further certifies that the above and foregoing Agreement is the same as presented at said meeting of the governing
body of Buyer.
Board Secretary/Clerk
EXHIBIT B
TERMS
1. The Equipment which is the subject of the Agreement is:
One (1) 2005 Ford 750 Cab & Chassis and One (1) New Etnyre Centennial 2000 Gallon Asphalt Distributor Tank
2. Fixed Interest Rate: 4.73%
Provided all documents have been returned in a form acceptable to MSG within thirty days of the
Dated Date (the "Period"), the fixed interest rate will remain in effect during the Period. If all
documents have not been returned within the Period, MSG reserves the right to adjust and determine
a new fixed interest rate.
Dated Date: August 16, 2005
Pmt.# Date Payment Interest Principal Balance
1 Upon Delivery 25,000.00 0.00 25,000.00 69,187.00
2 10/15/2005 24,323.66 537.95 23,785.71 49,521.18
3 10/15/2006 24,323.66 2,147.48 22,176.18 23,991.45
4 10/1512007 24,323.66 1,098.55 23,225.11 0.00
Totals 97,970.98 3,783.98 94,187.00
3. The physical address where the Equipment will be stored or housed is:
4. The address of Buyer, for notification purposes, is:
5. The address of Municipal Services Group, Inc., for notification purposes, is:
5125 South Kipling Parkway, #300
Littleton, CO 80127
BUYER: City of Colleyville
By:
Title:
EXHIBIT C
INSURANCE COVERAGE REQUIREMENTS
I. In accordance with Section 9 of the Agreement, we have instructed the insurance agent named below (please fill in
name, address, contact person, telephone and facsimile numbers)
to issue:
a. All Risk Physical Damage Insurance on the financed Equipment evidenced by a Certificate of Insurance and Long
Form Lender Loss Payable Clause naming MSG "and/or its assigns" as Lender Loss Payee.
b.
Insured.
Public Liability Insurance evidence by a Certificate of Insurance naming "MSG and/or its assigns" as an Additional
Minimum Coverage Required:
$100,000.00 per person
$300,000.00 aggregate bodily injury liability
$100,000.00 property damage liability
OR
2. We are self-insured for all risk, physical damage, and public liability and will provide proof of such self-insurance in
letter form together with a copy of the statute authorizing this form of insurance.
3. Proof of insurance coverage will be provided to MSG prior to the time that the Equipment or unit thereof is delivered to
us.
BUYER: City ofColleyville
By:
Title:
EXHIBIT 0
ACCEPTANCE CERTIFICATE
The undersigned, as Buyer under the Agreement numbered Sl149 with Municipal Services Group, Inc., acknowledges receipt in
good condition of the Equipment described in the Agreement this day of , and certifies
that MSG has fully and satisfactorily performed all of its covenants and obligations required under the Agreement.
Buyer confirms that it will make installment payments in accordance with the terms of the Agreement.
The undersigned officer of Buyer hereby reaffirms in all respects the provisions relating to arbitrage contained in the Agreement,
and represents that, to the best of his or her knowledge, information and belief, the expectations therein expressed were reasonable as of
the date on which they were made, and are reasonable as of this date, and that there were, and are as of this date, no facts, estimates or
circumstances other than those expressed therein that would materially affect the expectations expressed therein.
BUYER: City ofColleyville
By:
Title:
""J' . ( Jj 11 .uJ ',ib
- ...;..,. r') . .l...lJ
5125 S. Kipling Parkway, Suite 300 - Littleton, CO 80127 - 800.530.3100 - FAX 303.933.9991
INSTALLMENT PURCHASE AGREEMENT
BUYER: City of Colley vi lie
AGREEMENT#SI148
This Agreement is a binding contract between Municipal Services Group, Inc. (MSG) and Buyer (you).
I. The Agreement. In executing this Agreement, you agree to finance the equipment described in Exhibit B (the Equipment). Exhibit B also sets forth the terms of the
Agreement, including the commencement (or "Dated") date. which is the date when the term begins and your obligation to make payments accrues. Installment
payments should be paid to MSG as instructed, and paid only out of legally available funds. A portion of each installment payment represents interest, as shown on
Exhibit B. and Exhibit B reflects an interest rate included in the installment payments. In order to maintain that interest rate, you must comply with the tax covenants
described below and file informational federal tax Form 8038-G or Form 8038-GC, illcludeu as a Supplelllelltto the Agreement and to be filed by MSG. If not. each
installment payment will be increased to compensate for the loss of the tax exemption status which was assumed in the initial interest rate.
2. The Obligation to Make Payments/Continuation. The initial term of the Agreement terminates on the last day of your then current fiscal year, and the term will
automatically be renewed at the end of the initial term or any renewal term for an additional one year unless you provide written notice to MSG at least 45 days prior to
the end of the term then in effect of your intention to discontinue the Agreement. and this Agreement will terminate. Termination will be effective at the end of the last
installmenlterm lor which the installment payment has been paiu. If you proviue notice within 44 days of the end of the term then in effect, such discontinuation shall
be effective, but you will be obligated to pay to MSG damages in an amount equal to the installment payments to become due and owing during the first 90 days of the
next term. Your obligation to make installment payments shall be absolute and unconditional in all events, except in the event of discontinuation, and you will not
assert any right of withholding, set-off or counterclaim. You reprcscnt that your obligations undcr this Agrcement will not violate any limitation on your creation of
indebtedness under the laws of the state of Texas.
3. Representations. You represent and warrant that you are a public body, organized and existing under the Constitution and laws of your state, that you are duly
authorized to execute and deliver this Agreement, and that you will do all things necessary to preserve your existences as a body corporate and politic. You further
represent that, as of the date hereof, you have not exercised non-appropriation rights on any tax-exempt obligation(s).
4. The Equipment. You agree and acknowledgc that (i) you have selected the Equipment to be financed by you, (ii) the Equipment is. and during the period of this
Agreement shall remain, personal property, (iii) the Equipment will have a useful life in your hands that is substantially in excess of the initial term and all renewal
terms of this Agreement, and (iv) you do not intend to sell, or otherwise dispose of the Equipment during the term of the Agreement. You may contact the seller of the
Equipment directly to effect the acquisition of the Equipment. When you accept the Equipment, you must deliver to MSG an Acccptancc Ccrtificate in the form of
attached Exhibit D. MSG may establish an escrow account into which it will deposit the proceeds of the Agreement. to be utilized to acquire the Equipment.
5. Security Interest and Title of the Equipment. During this Agreement. you will have title to the Equipment. unless you default. You grant to MSG a first Iicn
security interest in the Equipment and anything you attach to the Equipment, and all proceeds, including insurance proceeds. The Equipment must be kept free of all
liens and encumbrances, except MSG's security interest, at all times. You agree to sign all documents and pay all fees required to perfect, preserve, or maintain MSG's
security interest. After you have paid to MSG all amounts due hereunder, MSG's security interest in the Equipment will be released, and you will have full title to the
Equipment.
6. Option to Prepay at any Time. You may elect to prepay all (and only all) of the installment payments for the Equipment at any time by paying the applicable
Purchase Price plus accrued interest, if applicahle, as shown in Exhihit R
7. Responsibility for Repair and Maintenance. You agree to maintain the Equipment in good condition anu make all necessary repairs and replacements at your
expense. You agree to maintain a maintenance log for the Equipment and permit MSG to inspect the Equipment and the log(s). You must have the Equipment serviced
and repaired at your expense when servicing or repair is required within intervals not exceeding 125% of those recommended in the owner's manual(s).
8. Tax Covenants. You will not make or direct any use of the proceeds of the obligation provided herein or any other funds which will cause such obligation to be an
"arbitrage bond" within the meaning of Section 148 of the federal tax code (the -'Code"), to be "federally guaranteed" within the meaning of Section 149 oflhe Code, or
to be a "private activity bond" within the meaning of Section 141(a) of the Code. To that end, so long as any installment payments are unpaid, you, with respect to such
proceeds and such other funds, will comply with all requirements of such Code sections and all regulations of the United States Department of the Treasury issued
thereunder to the extent that such requirements are, at the time, applicable and in effect. Furthermore, to the extent applicable pursuant to Section 148(1) of the Code,
you covenant to complete or cause to he completeu all reporting requirements and rehatc all positive arhitraee to the United States of America. You covenant that the
Equipment will be used only for the purpose of performing one or more of your governmental or proprietary functions, and the Equipment will not be used in a trade or
business of any person or entity other than you on a basis different from the general public. You will not use or permit the use of the Equipment by any person for a
"private business use" within the meaning of Section 141 (b) of the Code in such manner or to such extent as would result in the inclusion of interest received hereunder
in gross income for federal income tax purposes under Section 103 of the Code.
The parties will cooperate in performing all acts legally required or desirable in order to assure that the interest component of the installment payments will not be
included in the gross income ofMSG or its assigns lor federal income tax purposes.
9. Your Risk of Loss or Damage. Upon receipt of the Equipment, you agree to bear all risk ofloss, damage, destruction or theft. You must maintain insurance of the
types and in at least the amounts shown on Exhihit C. directing your insurance company to give MSG a certificate showing MSG as lender loss payee and an additional
named insured. If you do not maintain the required insurance. MSG may obtain it and charge you for it. You must give MSG prompt notice 01'(1) the loss, theft, or
destruction of any part of the Equipment, (2) any damage to the Equipment exceeding $500, or (3) any claim arising out of the ownership, maintenance, storage or use
of the Equipment. The parties will cooperate in deciding if insurance proceeds will be applied to the repair of the Equipment or to its Purchase Price. If insurance
proceeds exceed the amount of the Purchase Price, plus interest. or the amount required to complete the work, MSG will forward the excess proceeds to you.
10. Protect and Hold Harmless Provisions. Except for the intentional or negligent acts of MSG arising out of entering into this Agreement, including any
misstatement of material fact, in connection with any transfer of this Agreement, because you have selected the Equipment for your use and purposes, and because you
operate and maintain the Equipment, you agree, to the extent permitted by the laws of the state of Texas, to protect and hold harmless MSG against any and all loss,
damage, injury, claims, taxes (excluding MSG's income taxes), fees, fines. penalties. and expenses (including reasonable legal fees and expenses) of every kind that
relate to the use, operation, ownership, condition or maintenance of the Equipment. Your obligation to indemnify MSG will continue after termination of the
Agreement as to all matters except those which arise from MSG's (or anyone MSG sells or re-Ieases the Equipment to) use, operation, ownership, condition or
maintenance of the Equipment following termination.
11. Warranty. MSG MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR USE. THIS SECTION IN NO EVENT IS INTENDED TO AFFECT THE
WARRANTIES OR REPRESENTATIONS CONTAINED IN ANY CONTRACT ENTERED INTO FOR THE ACQUISITION OF THE EQUIPMENT.
12. Termination. This Agreement will terminate: (I) upon payment of all amounts due hereunder by you to MSG; (2) at the time and for the reason set forth in
Section 2: (3) if you have returned the Equipment and paid all amounts due through the end of the term then in effect. including interest. (4) upon your prepayment of
the Equipment under Section 6 and your payment of all amounts due, (5) at MSG's option if you default as described in Section 13, and (6) if all or any portion of the
Equipment has been lost, stolen or damaged beyond repair, upon MSG's receipt of insurance proceeds covering the purchase price of the lost, stolen or damaged
Equipment. When this Agreement terminates, if you have not paid to MSG all amounts due hereunder, you must, at your expense, return the Equipment you have not
purchased to MSG at an address specified by MSG. in as good condition as when you received it, ordinary wear excepted. You must remove all signs and markings and
make all repairs (other than for ordinary wear) requested by MSG. If you do not. MSG may do so and charge you for it. No prepaid interest will be rebated to you
upon termination.
13. Default. You will be in default if you fail to perform any agreement of yours in this Agreement or any of your representations are found to be false or misleading.
If any such default occurs, MSG, without notice or demand, may declare this Agreement in default and declare all amounts eligible or actually appropriated for
installment payments under this Agreement to be immediately due and payable. Equipment must then be returned to MSG (at address specified by MSG) at your
expense, and the Equipment and all your rights therein shall be deemed surrendered to MSG. Upon declaration of default, MSG may repossess the Equipment with or
without process oflaw, and for the purposes may enter upon any of your premises or others' premises, wherever the Equipment may be found, without liability therefor.
MSG may recover from you any unpaid amounts due or to become due for the rest of the term. together with all expenses including rea~onable attorney's fees ancl legal
expenses (to the extent permitted by law) incurred by MSG to enforce its rights. The repossession and sale of the Equipment shall not affect MSG's right to recover
from you all damages which MSG has suITered because of your breach. MSG may sell or re-lease the Equipment with or without advertisement, at public or private
sale or leasing, without notice to you, free of any of your interest, without any duty to account to you for MSG's actions or inaction or for any sale or re-lease proceeds.
The proceeds of any sale or re-lease will be applied in the following order: (1) to the expenses (including reasonable attorney's fees) associated with the default,
rcposscssion, and rcstoration of title to MSG; (2) to thc purchase pricc; and (3) if any procccds rcmain, to you. If MSG is unable to repossess any Equipment after a
default, the Equipment shall be deemed to have suffered a total loss compensable under Section 9. MSG may also enforce your performance of your covenants or
recover damages for the breach of those covenants. MSG's rights and remedies in this section are not exclusive but are cumulative and in addition to all other rights
and remedies that MSG has at law or in equity.
14. Limitation on Assignment. Assignment or sublease of this Agreement or any interest in it or the Equipment without MSG's prior written consent is prohibited. In
no event may you assign or sublet this Agreement or any interest in it or the Equipment to a non-governmental entity. MSG may assign or sell its interest under this
Agreement. in whole or in part. without your consent, but the assignment will not be etlective until you have received notice disclosing the name and address of
assignee.
15. Late Charges. If you do not pay installment payments due under this Agreement on their due date, you must pay a late charge of$25.00 plus an additional finance
charge. The finance charge accrues on the applicable installment payment amount at the rate equal to the lesser of (1) 12% or (2) the highest rate allowed by law.
16. Exhibits. All Exhibits and Supplements attached hereto are part of this Agreement. incorporated herein by reference, and must be executed by you.
17. Other Terms. This Agreement constitutes the entire agreement between the parties as to the subject matter it covers and may not be changed except by a written
agreement signed by you and MSG. If any part of this Agreement is or becomes invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not
affect the other or remaining provisions hereof. This Agreement and all rights and actions arising under it shall be governed by the laws of your state. No waiver,
consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification
or change shall be effective only in the specific instance and for the specific purpose given. This Agreement may be executed in several counterparts. All notices must
be addlessed tu the pal tie" allheil addle;;e" "hown on Exhibit B, 01 at anollle. addless spe~ified by eilhel pally ill WI itillg.
BUYER: City ofColleyville
Municipal Services Group, Inc.
By:
l:3y:
Title:
Title:
Date:
ATTORNEY FOR BUYER:
Opinion of Buyer's Counsel to Municipal Services Group. Inc.: The foregoing Installment Purchase Agreement has been duly authorized and executed
and is legal. valid. and binding.
Signature: ...
Name (please print):
Name & Address of Firm:
EXHIBIT A
RESOLUTION OF GOVERNING BODY
EXTRACT OF MINUTES
BUYER: City of Colleyville
At a duly called meeting of the governing body of Buyer held on the _ day of
resolution was introduced and adopted.
, _' the following
RESOL VED, whereas the governing body of Buyer has determined that a true and very real need exists for the acquisition of the
Equipment described in Installment Purchase Agreement No. S 1148 (the "Agreement") presented to this meeting; and
WHEREAS, the governing body of Buyer has taken the necessary steps, including any legal bidding requirements. under applicable law
Lo arrange for the acquisition and financing of such Equipment,
WHEREAS, the governing body hereby directs its legal counsel to review the Agreement and negotiate appropriate modifications to said
Agreement so as to assure compliance with state law and local statutory law, prior to execution of the Agreement by that person so
authorized by the governing body for such purpose,
BE IT RESOLVED, by the governing body of Buyer that:
Finding: Authorized Officers. The terms of said Agreement are in the best interests of Buyer for the acquisition of such Equipment,
and the governing body of Buyer designates and confirms the following person to execute and deliver the Agreement and any related
documents necessary to the consummation of the transactions contemplated by the Agreement.
RESOLVED, the acquisition of the Equipment, under the terms and conditions provided for in the Agreement, is necessary, convenient,
in the furtherance of, and will at all times be used in connection with, Buyer's governmental and proprietary purposes and functions and
are in the best interests of Buyer, and no portion of the Equipment will be used directly or indirectly in any trade or business carried on by
any person other than a governmental unit of the state on a basis different from the general public.
RESOL VED, Buyer certifies that it has not issued or effected the issuance of, and reasonably anticipates that it shall not issue or effect the
issuance of, more than ten million dollars ($10,000,000) of tax-exempt obligations during the 2005 calendar year, and hereby designates
the fmancing of the Equipment to which the Agreement pertains as a "qualified tax-exempt obligation," as defined by Section 265 (b)(3)
of the Internal Revenue Code of 1986, as amended.
RESOLVED, Buyer covenants that it will perform all acts within its power which are or may be necessary to insure the maintenance of
its legal status as bt:ing a duly urganizt:d and t:xisLing t:nlily undt:r lilt: laws uf lht: slatt:, whidl slalus is lht: basis fur lht: inlt:rt:sl purtiun of
the rental payments coming due under the Agreement to at all times remain exempt from federal income taxation under the laws and
regulations of the United States of America as presently enacted and construed or as hereafter amended.
Signature of Party to Sign Agreement and Exhibits
Title
Signature of Party to Sign Acceptance Certificate
Title
Full Force and Effect. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full
force and effect and further certifies that the above and foregoing Agreement is the same as presented at said meeting of the governing
body of Buyer.
Board Secretary/Clerk
EXHIBIT B
TERMS
I. The Equipment which is the subject of the Agreement is:
One (1) New Holland LS 170 Skid Loader with 66' Bucket and 18' Trailer
One (1) New Holland EH 35 Excavator with 18' Bucket and 24' Bucket
One (1) Hydraulic Jack Hammer
2. Fixed Interest Rate: 4.97%
Provided all documents have been returned in a fonn acceptable to MSG within thirty days of the
Dated Date (the "Period"), the fixed interest rate will remain in effect during the Period. If all
documents have not been returned within the Period, MSG reserves the right to adjust and detennine
a new fixed interest rate.
Dated Date: August 16, 2005
Pmt. #
1
2
3
4
Totals
Payment Date
Upon Delivery
10/15/2005
10/15/2006
10/15/2007
Payment
30,000.00
14,478.91
14,478.91
14,478.91
73,436.73
Interest
0.00
335.59
1,338.60
685.54
2,359.73
Principal
30,000.00
14,143.32
13,140.31
13,793.37
71,077.00
Balance
41,077.00
30,658.68
14,406.48
0.00
3. The physical address where the Equipment will be stored or housed is:
4. The address of Buyer, for notification purposes, is:
5. The address of Municipal Services Group, Inc., for notification purposes, is:
5125 South Kipling Parkway, #300
Littleton, CO 80127
BUYER: City of Colleyville
By:
Title:
EXHIOIT C
INSURANCE COVERAGE REQUIREMENTS
1. In accordance with Section 9 of the Agreement, we have instructed the insurance agent named below (please fill in
name, address, contact person, telephone and facsimile numbers)
to issue:
a. All Risk Physical Damage Insurance on the financed Equipment evidenced by a Certificate of Insurance and Long
Form Lender Loss Payable Clause namin~ MSG "and/or its assi~ns" as Lender Loss Payee.
b.
Insured.
Public Liability Insurance evidence by a Certificate of Insurance naming "MSG and/or its assigns" as an Additional
Minimum Coverage Required:
$100,000.00 per person
$300,000.00 aggregate bodily injury liability
$100,000.00 property damage liability
OR
2. We are self-insured for all risk, physical damage, and public liability and will provide proof of such self-insurance in
letter form together with a copy of the statute authorizing this form of insurance.
3. Proof of insurance coverage will be provided to MSG prior to the time that the Equipment or unit thereof is delivered to
us.
BUYER: City of Colley vi lie
By:
Title:
EXHIBIT D
ACCEPTANCE CERTIFICATE
The undersigned, as Buyer under the Agreement numbered S 1148 with Municipal Services Group, Inc., acknowledges receipt in
good condition of the Equipment described in the Agreement this day of , and certifies
that MSG has fully and satisfactorily performed all of its covenants and obligations required under the Agreement.
Buyer confirms that it will make installment payments in accordance with the terms of the Agreement.
The undersigned officer of Buyer hereby reaffirms in all respects the provisions relating to arbitrage contained in the Agreement,
and represents that, to the best of his or her knowledge, information and belief, the expectations therein expressed were reasonable as of
the date on which they were made, and are reasonable as of this date, and that there were, and are as of this date, no facts, estimates or
circumstances other than those expressed therein that would materially affect the expectations expressed therein.
BUYER: City of Colley vi lIe
By:
Title:
CITY COUNCil cQe<!l AGENDA BRIEFING
lC'xn$
MEETING DATE: i 08/16/05 CITY MANAGER i
ITEM # : 4f DEPARTMENT HEAO: ,
RESOLUTION # : R-05-2580 FINANCE REVIEW
Previous Action: None
DEPARTMENT: POLICE
SUBJECT : Approval to Purchase eleven (11) mobile lap top
computers for the Police Department patrol vehicles
through the Texas Local Government Statewide
Purchasing Cooperative BuyBoard, in the amount of
$54,369 - by Consent
Reading and Public Hearing
The Colleyville Police Department has utilized Panasonic "Toughbook" Model 27 lap top
computers in patrol vehicles for the past ten years. These computers connect the Patrol
Officer in the field to electronic data in the Police Department's network, State/National
computer systems and dispatched calls for police service. These computers are designed
specifically for the demanding 24n environment of law enforcement. The existing units have
reached the end of their useful life and are not powerful enough to meet the demands of
current software applications while experiencing increasing down-time for repairs.
Updated replacements are available through Questechnology, a Texas Local Government
Statewide Purchasing Cooperative BuyBoard vendor.
FinanciallmDact
Funds are available from the Justice Center construction bond monies for this Capital
expenditure.
Recommendation
Approval of the purchase of eleven (11) Panasonic "Toughbook" Model 29 Hardened Lap Top
Computers, for use in the Department's patrol vehicles, at a cost of $ 4,902.00 each, and one
(1) mobile docking station at a cost of $ 447.00 with a total cost of $ 54,369.00.
Attachment
· Vendor quote sheet
tl((Ll(Ltltl~ l~:tll
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t"I4Ul:. t:JL
QuestechnologfALES QUOTATION
CORPORATION Police Vehicle Laptop Upgrade 3 year Lease
P. 0." KIOOI
.,...... TX 75354 IOD8 July 21. 2tJ05
PIIoM: 972~ PrIns V811d lot' 3D Days ftvm Qwe.t/OIt 0.. ContJdenffa' and Proprietary
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IOG8, W~2.11''''+a. WInlCP SP2.liPS receIvw BeakRt 1<tIvtIaerd.
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OPTIONS:
(5 12E ADD; Memorv- 512MB - TatII1GB RAM $173.00 $, .903.001
" CF-WEB2732CB tt.... Maunt IockInll doeki- et8tion wilh 1I1atw1llin wl~ W11118Ctor $447.00 $4917.00
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SEE PAGE 'TWO & THREE FOR 5 YEAR LEASE PURCHASE PROPOSAL OPTIONS
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.. THRTY DAYS OF DEUVERY 1NYOICle.
J SIIIaItdDn. s_..J. L COMu'-' SUS TOTAL As R......red
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IUr.......lndlt...trIIIt Questechnology CORPORATION "'J'IU"~"to ordorttlo ..~.....1tIlMn.1ew 1l8tecI 8M'
QUESTECHNOLOGY CORPORA nON
~
Page 1 of2
Texas CISV
Home Search
Vendor
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QUESTECHNOLOGY CORPORATION
>>Review Provider Information and Catalog(s) I Login...
Vendor Information:
VendorlD 1752233571400
Number:
Vendor Home QUESTECHNOLOGY CORPORATION
Page
Company
Description: No company description available at this time.
QUESTECHNOLOGY CORPORATION
CISV Ordering POBox 543006
Address:
Dallas, TX 75354 USA
CISV*
Texas
Office
Small
Bus
Hub
Code
Status
Gender
Code
Ethnic
Code
Yes
Yes
Yes
No
Unspecified
Unspecified
(* If CISV Status is "Yes", then this is a true and accurate copy of the catalog approved with the Texas
Building and Procurement Commission.)
CISV Contact Information:
Contact
Person: M Currey
Contact Phone 214-554-0622
Number:
Contact Fax 214-438-5213
Number:
Contact E-Mail: sales@questechnology.com
https:/lbasec.sicomm.netlfasttrackb2b/cisvPublished.html?CUSTOME~ ID=17522335714... 7/22/2005
CITY COUNCIL
<ce@ AGENDA BRIEFING
IC'X~S
MEETING DATE:
ITEM#:
ORDINANCE # :
08/16/05
5
0-05-1535
CITY MANAGER '
DEPARTMENT HEAD I
FINANCE REVIEW!
Previous Action: 08/03/05
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a Special Use Permit for a covered
carport on Lot 6, Block 1, Woodbriar Estates West
Addition, located at 3609 Cliffwood Drive, Case Z-
05-020
Second Reading and Public Hearing
Update 08/16/05
The applicant indicated at the August 3, 2005 City Council meeting that he would like to have
the flexibility of using eight inch cedar posts instead of the cedar-clad steel posts for the
support of the proposed carport. There were no objections from the City Council and the
drawings attached to the proposed ordinance are consistent with the applicant's proposal.
First Reading and Public Hearing
Request. Special Use Permit (SUP) for a carport
Proposed Use. Mr. John McDaniel, the property owner and applicant, has submitted a
request for a Special Use Permit to construct a detached carport on the property. However,
the carport deviates from several development regulations stated within the Land Development
Code, as discussed in the Development Analysis portion of this agenda briefing. The applicant
has submitted a letter addressing the departures from the carport regulations.
Existing Conditions. The property is currently used for single family residential purposes.
The property contains an existing house and the carport. The property is located within a R 15
single-family residential zoning district.
Location. This is a 0.34-acre parcel of property located at 3609 Cliffwood Drive.
Platting. The property is platted.
Adjacent Zoning and Development. The surrounding properties consist of single family
residential zoning designations. The properties on all sides are zoned R-15 and are developed
as single family residences.
Development Analysis. The Land Development Code requires that carports be considered
on a case-by-case basis, and must be approved by a Special Use Permit. A comparison of the
regulations and the proposed carport is shown below.
Agenda Briefing
Ordinance 0-05-1535
Page 2 of 3
The Planning and Zoning Commission considered the proposed amendment to the Land
Development Code at the June 13, 2005 meeting and recommended approval by a unanimous
vote.
CARPORT ZONING COMPARISON
Category Zoning Requirement Applicant Proposal
1. Maximum Size 480 square feet 578 square feet
2. Longest Dimension Allowed 24 feet 34 feet
3. Maximum Height 15 ft. to highest point of roof 14 feet 6 inches
4. Side Setback 1 0 feet 1 foot
5. Rear Setback 5 feet 5 feet
6. Maximum Number per Lot 1 1
7. Paved Parking Surface Concrete, asphalt or pavestone Concrete
8. Roof Pitch 2:12 minimum In Compliance
9. Construction of Posts brick, stone or decorative metal 8 inch steel with cedar
between 12" and 48" in width facade
The items indicated with bold, italicized characters do not conform with the carport regulations.
The size of the carport exceeds the maximum size regulations. The Land Development Code
permits carports up to 480 square feet. The proposed carport is approximately 578 square
feet, which exceeds the maximum size requirement by 98 square feet. Similarly, the Land
Development Code regulates the length of carport material dimensions. The longest
dimension allowed for a carport is 24 feet. The longest dimension of the existing carport is 34
feet, exceeding the regulation by ten (10) feet.
The proposed carport encroaches upon the side yard setback as required by the zoning
district. The Land Development Code states that a detached carport, such as the one
proposed by the applicant, shall be located 10 feet or more from a principal building and may
extend into a required side yard, provided all of the following conditions are satisfied:
(1) every part of such carport is unenclosed except for necessary
structural supports;
(2) no part of the carport is less than five (5) feet from a side or rear lot
line, and
(3) the carport is located completely within the rear yard area as defined
in these zoning regulation.
Public Notification. Staff mailed notices to 20 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law and
the Land Development Code. Staff has received one letter in support of this request from
property owners within 200 feet of the subject property.
Agenda Briefing
Ordinance 0-05-1535
Page 3 of 3
Summary. Since the Special Use Permit for this particular use has little impact on land use
decisions or requirements, but may be important to those living nearby, staff believes the
opinions of the area property owners should be the most important factor in the decision to
grant the Special Use Permit or not. Staff has received one letter in support of this request
from property owners within 200 feet of the subject property. Since the request is a Special
Use Permit, the City Council may establish conditions different than, or in addition to, the
normal requirements of the Land Development Code.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission considered this request at the July 11, 2005 meeting and recommended approval
of the Special Use Permit by a unanimous vote.
Recommendation
Denial due to technical non-compliance with the Land Development Code.
Attachments
· Location Map
· Letters of Support
· Information and Drawings from Applicant
· List of Property Owners Notified
· Ordinance 0-05-1535
Location Map
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Site of
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Kitching, Steven P Etux Angela
3600 Cliffwood Drive
Colleyville, TX 76034
Ratcliff, William Nelson
3611 Cliffwood Drive
Colleyville, TX 76034
Johnson, Nancy Louise
3601 Cliffwood Drive
Colleyville, TX 76034
Bedford, Patricia
3600 San Bar Ln.
Colleyville, TX 76034
Schmulen, James Aaron III Etux
3616 San Bar Ln.
Colleyville, TX 76034
Blankenship, Warren E
3616 Cliffwood Drive
Colleyville, TX 76034
Clark, Carl D Etux Maxine J
3604 Cliffwood Drive
Colleyville, TX 76034
List of Property Owners Notified
Lake, Jonson T
3701 Cliffwood Drive
Colleyville, TX 76034
Mc, Daniel, John D Etux Leah C
3609 Cliffwood Drive
Colleyville, TX 76034
Ledgerwood, Dennis Jr Etux Connie
3511 Cliffwood Drive
Colleyville, TX 76034
Reynolds, Madalyn
4604 dalrock Drive
Piano, TX 75024
Dion, John D Etux Carrie
3700 San Bar Ln.
Colleyville, TX 76034
Moraine, Rolland J
3700 Cliffwood Drive
Colleyville, TX 76034
Shook, Alvin L & Ruth
3615 Cliffwood Drive
Colleyville, TX 76034
Whittenberg, Ira 0 Jr Etux Emm
3607 Cliffwood Drive
Colleyville, TX 76034
Kirkpatrick, Sean M Etux Lisa
3512 San Bar Ln.
Colleyville, TX 76034
Bolte, John E Etux Catherine
3612 San Bar Ln.
Colleyville, TX 76034
Williams, Phillip Etux Martha
3612 Cliffwood Drive
Colleyville, TX 76034
Callahan, Paul D
3608 Cliffwood Drive
Colleyville, TX 76034
ORDINANCE 0-05-1535
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
CARPORT ON LOT 6, BLOCK 1, WOODBRIAR ESTATES WEST ADDITION;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an application for a Special Use Permit was filed by John McDaniel on
June 17, 2005, under Case No. Z-05-020; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land Development
Code; and
WHEREAS, the Planning and Zoning Commission held a public hearing and made a
recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lot 6, Block 1, Woodbriar Estates West
Addition, (3609 Cliffwood Drive), by authorizing a Special Use Permit for a
Carport, as shown on the Elevation Plan (Exhibit "B") and the Site Plan
(Exhibit "C").
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-05-1535
Page 2 of 2
THAT any person, firm, or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof
shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a separate
offense and shall be punishable as such.
THAT except as amended by this ordinance, the Land Development Code
of the City of Colleyville, Texas, shall remain in full force and effect.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
THAT this ordinance shall become effective immediately upon publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2005.
day of
day of
The second reading and public hearing being conducted on the
2005.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C.G. Boyle
City Attorney
-_.._~.........~~_.--------,--_.._----_._.. .
EXHIBIT A - ZONING MAP
EXHIBIT B - ELEVATION PLAN
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EXHIBIT C - SITE PLAN
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CITY COUNCIL
ca@n", AGENDA BRIEFING
Il~;>;:~:;
MEETING DATE: ! 08/16/05
ITEM #: I 6
ORDINANCE #: i 0-05-1536
CITY MANAGER :
DEPARTMENT HEAD I
FINANCE REVIEW i
Previous Action: 08/03/05
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a Zoning Change from AG-Agricultural
to R30-Single Family Residential on 0.8 acres of the
S. Cotrail Survey, Abstract 328, located at 2212
Glade Road, Case Z-05-021
Second Reading and Public Hearing
First Reading and Public Hearing
Request. Rezoning from AG-Agricultural to R30-Single Family Residential.
Proposed Use. Mike Albert has submitted a request to change the zoning of 0.8 acres,
located at 2212 Glade Road, from AG-Agricultural to R30-Single Family Residential. The
applicant is seeking a zoning change in order to develop the property as a single family
residence. There is an existing house on the property; however, the applicant intends to
demolish the existing home and construct a new single family residence.
Platting. The property is located on the north side of Glade Road, south of Green Hill Lane.
The property is not currently platted. Approval of a subdivision plat will be required at a later
date, upon approval of the rezoning request.
The applicant initially requested R20 zoning. However, the Planning and Zoning Commission
expressed concerns that the R20 zoning did not satisfy the objective of the Master Plan
regarding the establishment of estate home along the major collector roadway system and
requested the applicant to consider R30 zoning. The applicant provided a letter indicating his
approval of the R30 zoning. The R30 zoning district requires a minimum lot area of 30,000
square feet. The property exceeds 30,000 square feet and meets the minimum requirements
of the R30 zoning district. The developer has submitted a zoning exhibit illustrating the area to
be rezoned. The proposed lot, as shown on the zoning exhibit, appears to meet the R30
zoning requirements.
Adjacent Zoning and Development. The surrounding properties are primarily single family
residential in nature. Properties to the north, south and east are zoned R20 and are currently
used for single family residences. Property to the west is zoned AG and consists of a single
family residence.
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 0-05-1536
Page 2 of 2
· 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
· Encourage large single lot development on major thoroughfares as "estate" properties
Residential Density. The Master Plan suggests a maximum residential density of 1.8
dwelling units per acre in most situations. The applicant's proposed density is in compliance
with the Master Plan's recommendation regarding residential density.
Lot Sizes and Widths. The R30 standards allow for a minimum lot size of 30,000 square feet.
The applicant proposes to create a single family lot that adheres to the lot area required by the
R20 zoning district.
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.
Property Taxes. According to information available from the Tarrant Appraisal District, the
0.815-acre parcel is valued at $76,200. The estimated City property tax revenue for the
undeveloped property is approximately $264 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.
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.
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 request at the July 25, 2005 meeting. The Planning and Zoning
Commission recommended approval of request by a unanimous vote.
Recommendation
Approval
Attachments
· Zoning and Location Map
· Letter from Applicant
· List of Property Owners Notified
· Ordinance 0-05-1536
Zoning and Location Map
D
NORTH
MIKE ALBERT
100 Wendover Court
Southlake, Texas 76092-8589
Tel.: 817/577-8605 ext 101
Fax: 817/577-0034
July 13, 2005
Mr. Chris Fuller
Development Review Committee
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Re: Z-05-021
2212 Glade Road
Dear Mr. Fuller
We will be out of town on Monday, July 25, 2005 and will not be able to attend the Planning and
Zoning meeting. It is our understanding the P & Z Commission would like to change our request
to R30. We are not opposed to the change from R20 to R30. Please proceed with our zoning
change request.
We acknowledge the regulations for R30 zoning and the platting requirements prior to
development of the above referenced property.
Should you need any additional information, please contact us.
Sincerely,
Mike Albert
Z-OS-021
Bennett, George Etux Melinda
5008 Green Hill Lane
Colleyville, TX 76034
Emmet, Thomas R Etux Melanie
5005 Green Hill Lane
Colleyville, TX 76034
Nguyen, H Oinh Etux Ngoc Oahn
2300 Glade Road
Colleyville, TX 76034
Hodges, Marilyn
James & Marilyn Hodges Family Trust
2301 Glade Road
Colleyville, TX 76034
Reck, Raymond J Jr
2200 Glade Road
Colleyville, TX 76034
Notices dated June 23, 2005.
According to the last published tax rolls. individuals who own
property that is within 200 feet of the proposed zoning
change or special use permit request are listed above. I
certify that the parties listed above have been notified of the
proposed zoning change or special use permit request as
required by the Texas Local Govemment Code and the
Collevville Land Development Code.
Peel, Marie A
2308 Glade Rd.
Colleyville, TX 76034
Huff, David A Etux Pauline L
5006 Green Hill Lane
Colleyville, TX 76034
Lohse, mark E Etux Jeannie A
4900 Patterson Lane
Colleyville, TX 76034
Vincent, Janie K
PO Box 451
Colleyville, TX 76034
Velasquez, Melanie Etvir Andrew
2305 Glade Road
Colleyville, TX 76034
Amy Shelley
Planning & Zoning Assistant
Embry, Mark S Etux Marian
5100 Green Hill Lane
Colleyville, TX 76034
Riddle, John R Etux Leslie G
5007 Green Hill Lane
Colleyville, TX 76034
Barr, Alvin F Etux Evelyn F
4801 Patterson Lane
Colleyville, TX 76034
Frasier, Dan R
2313 Glade Road
Colleyville, TX 76034
Patterson, Michael E Etux Marilyn
ME & Marilyn F Patterson Trust
2205 Glade Road
Colleyville, TX 76034
Third Notices dated July 18, 2005.
According to the last published tax rolls, individuals who ow
property that is within 200 feet of the proposed zoning
change or special use permit request are listed above. I
certify that the parties listed above have been notified of thE
proposed zoning change or special use permit request as
required by the Texas Local Govemment Code and the
Collevville Land Development Code.
Second Notices dated July 12, 2005.
According to the last published tax rolls, individuals who ow
property that is within 200 feet of the proposed zoning
change or special use permit request are listed above. I
certify that the parties listed above have been notified of thE
proposed zoning change or special use permit request as
required by the Texas Local Govemment Code and the
Collevville Land Development Code.
ORDINANCE 0-05-1536
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 0.8 ACRES LOCATED AT
2212 GLADE ROAD, FROM THE AG-AGRICULTURAL DISTRICT TO THE
R30 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 Mike Albert on June 3,
2005, under Case No. Z-05-021 ; 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 0-05-1536
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 to the
R30 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 ($2,000.00) for each
offense.
THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or unconstitutional,
the same shall not affect the validity of this ordinance as a whole or
any portion thereof other than that portion so decided to be invalid or
unconstitutional.
THAT in addition to and accumulative of all other penalties, the City
shall have the right to seek injunctive relief for any and all violations
of this ordinance.
THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be given
the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort and
general welfare, and requires that this ordinance shall take effect
immediately from and after its passage.
Ordinance 0-05-1536
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2005.
day of
The second reading and public hearing being conducted on the
2005.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT A - ZONING MAP
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CITY COUNCIL
cc@nCll AGENDA BRIEFING
TL~X~$
MEETING DATE:
ITEM#:
ORDINANCE # :
08/16/05
7
0-05-1537
CITY MANAGER !
DEPARTMENT HEAD !
FINANCE REVIEW !
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT : Approval of a Request for a Special Use Permit for
alcoholic beverage sales on Lot 3, Block 3, Village
Park Addition, located at 4913 Colleyville Boulevard,
Case Z-05-023
First Reading and Public Hearing
Mr. Von Husbands has submitted a request for a Special Use Permit for alcohol sales for on-
premise consumption on a parcel of land located at the north east corner of the intersection of
Colleyville Boulevard and Glade Road. Mr. Husbands proposes to operate a restaurant on the
site, which contains an existing structure. Mr. Husbands will be making renovations to the
structure in order to meet the needs of his proposed barbeque restaurant. The property is
owned by Mr. Don Noblit and is a co-signer to the Special Use Permit application.
The applicant is requesting the SUP in order to sell beer within a restaurant. The applicant
intends to renovate the existing one story building on the site in order to operate a barbecue
restaurant. The restaurant would feature on-site, buffet style dining. The proposed hours of
operation are 11 am to 9 pm to serve lunch and dinner, Monday through Saturday. The
property and building in question are currently vacant. The property is zoned CC1-Commercial
and the proposed use is consistent with the current zoning classification.
Distance Requirements from Churches and Public Hospitals. The Colleyville City Code
requires that places serving alcoholic beverages be located at least 300 feet away from a
church, or public hospital. The distance is measured from front door to front door, along the
street front property lines for churches and public hospitals. The property satisfies this
requirement.
Distance Requirements from Schools. The Colleyville City Code and State alcohol laws
require a 300-foot distance separation between school property and property where alcoholic
beverages are sold. The distance is measured from property line to property line. The
property in question satisfies this requirement.
Alcohol License Requirements. The Texas Alcoholic Beverage Code (TABC) requires a
state license for an establishment selling alcoholic beverages. TABC requires the City certify
that the location of the business where alcoholic beverages will be sold is in compliance with
local zoning regulations. In Colleyville, each location where alcoholic beverages are sold
requires the approval of a Special Use Permit by the City Council. Once an establishment
Agenda Briefing
Ordinance 0-05-1537
Page 2 of 3
obtains a state license, a City of Colleyville alcohol beverage license may be issued. The City
of Colleyville requires a new business selling alcoholic beverages to submit quarterly sales
reports to verify compliance with the 60/40 non-alcohol to alcohol sales ratio. Upon successful
completion of the reporting process after the first year, a new business is only required to
report alcohol sales ratios thereafter on an annual basis.
IMPACT ISSUES
1. Master Plan. The Colleyville Master Plan designates the future use of this area for retail
and commercial land uses. This request is consistent with the goals and objectives of the
Master Plan.
2. Surrounding Properties. The adjacent property to the north is the Sonic restaurant. The
property to the east is the City Garage auto repair facility. All the properties in the area are
zoned either CC 1 Village Retail or CC2 Shopping Center Commercial.
3. Development Trends. The long-term trend for this area is for commercial development.
The property in the area is suitable for that type of development due to the property's
location on Colleyville Boulevard.
4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-
way.
5. Property Taxes. According to information available from the Tarrant Appraisal District, the
parcel is valued at $198,273. The estimated City property tax revenue for the undeveloped
property is $688.00 annually. The future property tax revenue would depend upon the
value the building improvements add to the property.
6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban
locations. Quality restaurants are expected to generate 90 trips per 1,000 square feet of
floor area on a weekday, on average. Based on this average, the proposed restaurant
would add 135 vehicle trips per day to the surrounding roadways.
7. Economic Development. The sale of alcoholic beverages by local restaurants has a
positive impact on economic development through the distribution of taxes on mixed
beverage sales. There are currently fourteen restaurants in Colleyville that pay mixed
beverage taxes to the State, which in turn distributes a portion of the tax collected to the
city in which the business is located.
The following table indicates the amounts of mixed beverage taxes that were distributed to
the City over the past five years. Through July, 2005 $17,547 had been distributed to the
City.
Agenda Briefing
Ordinance 0-05-1537
Page 3 of 3
Mixed Beverage Allocation
Historical Summary
Year Amount
2004 $39,153
2003 $33,120
2002 $29,599
2001 $26,909
2000 $20,204
Source: Mixed Beverage Allocation
Historical Summary, Texas Comptroller
of Public Accounts
8. Public Notification. Staff mailed notices to 29 adjacent property owners regarding this
request. Notice was also sent to the City of Grapevine. Notice was published in the Fort
Worth Star-Telegram as required by state law and the Land Development Code. No
correspondence has been received regarding this request.
The Planning and Zoning Commission considered the proposed amendment on July 25, 2005
and recommended approval by a unanimous vote.
Recommendation
Approval
Attachments
· Location and Zoning Map
· Photo of Site
· List of Property Owners Notified
· Ordinance 0-05-1537
Location and Zoning Map
D
NORTH
Photo of Site
-"_._,--,~'''---~'--'---'-
List of Property Owners Notified
Z-OS-023 Colleyville Glade Corp. World Savings
17400 Dallas Pkwy. Ste. 216 1901 Harrison Street
Dallas, TX 75287-7306 Orlando, CA 94612
Colleyville 5005 LLC Sawyer, Nelle C TR Vandergriff, Joan
Sawyer Living Trust
16 Seaview Drive 1594 Kalaniuka Circle 4709 Colleyville Blvd. Ste. 560
Kingston, MA 02364-3030 Honolulu, HI 96281-1252 Colleyville, TX 76034
Noblit, Don Etux Barbara Zell Three Inc. La Plaza Wellness Center, Inc.
PO Box 820895 1190 Explorer Street C/O Karen Lucchesi
1001 Village Park Drive
Fort Worth, TX 76182-0895 Duncanville, TX 75137 Colleyville, TX 76034
First Savings Bank, FSB Goldstick, Phillip C TR ET AL Bank One Texas
503 E Border Street A TTN G Equity Inv. Group 10 S Dearborn Ste. IL 1-04
Arlington, TX 76010-7402 PO Box 4689 Chicago, IL 60670
Clearwater, FL 33758
Albertsons Inc. Heritage Personal Training Inc Praedium Centennial Associates
PO Box 20 1208 Crest Drive 11 Madison Ave.
Boise, 10 83726 Colleyville, TX 76034 New York, NY 10010-3629
Texas Bank USRP Funding 2001-A LP Bennett, James Etux Joann
c/o Continental Real Estate
222 W Exchange Avenue Ste. 205 12240 Inwood Rd. Ste. 300 4917 Lakewood Drive
Dallas, TX 75244 Colleyville, TX 76034
Fort Worth, TX 76106
HOA-Lakewood Estates McElroy, Behjat Lonon, Jerry Carl Etux Barbara
PO Box 1653 4925 Lakewood Drive 4928 Lakewood Drive
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Poslick, Martin A Etux Evelyn
4932 Lakewood Drive
Colleyville, TX 76034
Ford, Larry N Etux Marilyn H
4936 Lakewood Drive
Colleyville, TX 76034
Lehrmann, Gregory A Etux Debra
1213 Somerset Blvd.
Colleyville, TX 76034
Tutt, T U JR
PO Box 6
Colleyville, TX 76034
Batterden, Brian J
8727 Belair Road
Nottingham, MD 21236-2419
CNL Retail JV
450 S Orange Ave FL 3
Orlando, FL 32801-3336
J P Morgan Chase Bank
PO Box 2558
Houston, TX 77252-2558
Village Monticello Partners L TO
1111 S Main St. Ste. 200
Grapevine, TX 76051-5577
Miller, Tom
5004 Thompson Terrace
Colleyville, TX 76034
ORDINANCE 0-05-1537
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN
ALCOHOL PERMIT ON LOT 3, BLOCK 3, VILLAGE PARK ADDITION; PROVIDING
A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, an application for a zoning change was filed by Von Husbands on July 1,
2005, under Case No. Z-05-023; 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
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.
Ordinance 0-05-1537
Page 2 of 3
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 Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A")
are hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lot 3, Block 3, Village Park Addition
by authorizing the following:
a. A Special Use Permit for Alcoholic Beverage Sales for on-
premise consumption in conjunction with a restaurant use.
b. This property is subject to the distance provisions from
schools as required by the Colleyville Code of Ordinances and
Texas Alcoholic Beverage Code.
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 0-05-1537
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
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT A - ZONING MAP
'~-------~_._----,-~"'-_._...._.
CITY COUNCIL
C.ilY Qr
~ AGENDA BRIEFING
CC~~~il@
""L~X ~ ~
MEETING DATE: i
ITEM#: I
ORDINANCE #: !
08/16/05
8
0-05-1538
CITY MANAGER !
DEPARTMENT HEAD I
FINANCE REVIEW I
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of an Amendment to Chapter 3, Land Use
regulations of the Colleyville Land Development
Code regarding movie theaters, Case Z-05-019
First Reading and Public Hearing
City of Colleyville Economic Development staff is currently working with a prospect to bring a
movie theater to the Town Center Colleyville development, located in the 5400 block of
Colleyville Boulevard. During the ongoing discussions with the business prospect, it has been
determined that the current zoning regulations, which limits the maximum size of a movie
theater to 27,500 square feet and the maximum number of screens to six, may pose a
potential obstacle for securing the new business for Colleyville. The regulations, which
regulates the size of a movie theater and establishes the maximum number of screens that a
movie theater is allowed, are contained in Chapter 3 of the Land Development Code.
Staff is recommending an amendment to the Land Development Code to increase the
maximum size of a movie theater allowed in Colleyville to 28,500 square feet and to allow a
movie theater to have two executive sized viewing rooms in addition to the six primary viewing
screens. The proposed amendment will limit the size of executive viewing rooms to a
maximum of fifty seats each.
The Planning and Zoning Commission considered the proposed amendment on August 8,
2005 and recommended approval by a unanimous vote.
Recommendation
Approval
Attachments
· Ordinance 0-05-1538
ORDINANCE 0-05-1538
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION
3.24.B, PARAGRAPH 2.J, OF THE LAND DEVELOPMENT CODE, REGARDING
MAXIMUM BUILDING SIZE AND MAXIMUM NUMBER OF SCREENS ALLOWED AT
A MOVIE THEATER; 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, 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
regulation; and
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, adopting the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain portions
of the Land Development Code regarding Planned Unit Development
regulations; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the zoning regulations to the City Council; 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 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 regulations,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the persons
interested, the governing body of the City of Colleyville is of the opinion
that said change in zoning regulation should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 3.24.8 - Symbols Used Table of Permitted Uses;
Paragraph 2.j, of the Land Development Code, is hereby amended to
read as shown:
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Ordinance 0-05-1538
Page 2 of 3
j. Movie Theater Uses: A movie theater shall not contain more than
six primary projection screens and two secondary executive viewing
rooms and shall not exceed 28,500 square feet in total building size. For
purpose of this regulation, a secondary executive viewing room shall not
exceed a maximum offifty (50) seats.
THAT Ordinance 0-00-1214 adopting the Land Development Code of the
City of Colleyville, as amended, shall remain in effect, except where
amended by this ordinance.
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 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 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 this ordinance shall take effect immediately from and after its
passage.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2005.
day of
The second reading and public hearing being conducted on the
2005.
day of
Ordinance 0-05-1538
Page 3 of 3
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM
Matthew C. G. Boyle
City Attorney
CITY COUNCIL
CC~<1l AGENDA BRIEFING
'jC'x~~
MEETING DATE: 08/16/05 CITY MANAGER I
ITEM#: 9 DEPARTMENT HEAo1~
ORDINANCE # : 0-05-1539 FINANCE REVIEW !
Previous Action: 04/05/05
DEPARTMENT: POLICE
SUBJECT: Approval of replacing Ordinance 0-05-1518 for the
establishment of school zones within the City of
Colleyville
First Reading and Public Hearing
On April 5, 2005, Ordinance 0-05-1518, establishing the speed limits and school zones for the
City of Colleyville, was approved by City Council.
Inadvertently, City Code section numbers were listed incorrectly in Ordinance 0-05-1518 and
the proposed Ordinance reflects the correct information.
Additional language is incorporated in Section 2 of the proposed Ordinance to include school
zone flashing lights as an indicator of times in which the school zone is active.
Financial Impact
None
Recommendation
Approval
Attachments
· City Council Briefing dated April 5, 2005
· Ordinance 0-04-1490
· Ordinance 0-05-1518
· Ordinance 0-05-1539
CITY COUNCIL
.$ AGENDA BRIEFING
l"c;c~$
I
MEETING DATE: !
ITEM #: i
ORDINANCE # :
04/05/05
6
0-05-1518
CITY MANAGER I
DEPARTMENT HEAD i ~ ~
FINANCE REVIEW [
Previous Action: 03/15/05
DEPARTMENT: ENGINEERING
SUBJECT: Approval of replacing Ordinance 0-04-1490 for the
establishment of school zones within Colleyville
Second Reading and Public Hearing
First Reading and Public Hearing
BackQround
On December 7, 2004, Ordinance 0-04-1490 establishing the speed limits and school zones
for the City of Colleyville, was approved by City Council.
Construction of the Tuscany Addition, which is located adjacent to Colleyville Elementary
School on SH26, began in late October 2004. The entrance to the development is located
approximately 175' north of the school. Located at this entrance is a school zone flasher sign
for Colleyville Elementary School. Gary L. Cantrell Company, Inc., the developer of the
subdivision, has requested permission to relocate this flasher to a location approximately 40' to
the north of the current location. The relocation cost will be paid by the developer.
The relocation of school zone flasher signs requires the approval of the City Council. The
school zone at 4800-6000 Colleyville Boulevard was changed from 1160 feet North to 1200
feet North. Exhibit (( 1" of the Ordinance reflects the location change.
Due to the opening of the new elementary school on McDonwell School Road, this ordinance
will also establish the school zone in this area. Exhibit "1" includes the addition of this school
zone at the 1100 block on McDonwelJ School Road at distances of 260 feet east and 180 feet
west of the respective property lines of the school.
Financial Impact
None
Recommendation
Approval
Attachments
· Letter from Developer
· Ordinance 0-04-1490
· Ordinance 0-05-1518
Gary L. Cantrell
____OH COIllpany, Inc.
REAL ESTATE DEVELOPMENT/INVESTMENTS
February 15, 2005
Mr. Keith Fisher
City Engineer
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Re: Relocation of School Zone
Sign - Colleyville Elementary - Tuscany Addition
Dear Keith:
We would formally request permission to relocate a flashing school zone sign that is
located within the proposed intersection of Tuscany Drive and Colleyville Boulevard
(S.H. 26) at no expense to the City. The street location was dictated by TxDot and a
permit for construction issued. The location of the sign was overlooked during the design
of the intersection.
We understand there is a minimum distance required, so we are requesting to relocate the
sign approximately 40 feet farther north and away from the school.
We are including the following enclosures for clarification:
Exhibit A - General Location Map
Exhibit B - Zoning Exhibit - Tuscany Addition
Exhibit C - Sign Relocation Detail Plan
Exhibit D - Approved TxDot Permit
Your consideration and cooperation in this matter would be deeply appreciated.
Sincerely,
/~k
.... GarY Cantrell
HWC Colleyville Tuscany, L.T.D.
Celebrating 20 Years
P.O. Box 96 . Colleyville, TX 76034 · 817-S71-4834 · Fax 817-685-7739
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PERMIT TO CONSTRUCT ACCESS DRIVEWAY FACILITIES
ONIDGHWAYRIGHTOFWAY
To:
TUSCANY DRIVE
Permit No. lO-SC-225-04
Section 1
TUSCANY DRIVE
C/o CITY OF COLLEYVILLE
100 MAIN STREET
COLLEYVlLLE, TEXAS 76034
The Texas Department of Transportation, hereinafter called the State, hereby authorizes, CITY OF COLLEYVILLE,
hereinafter called the grantee, to (re) public access street (TIJSCANY DRIVE) on the highway right-of-way abutting Highway
No. SH 26 in TARRANT County, located ON SH 26 (WEST SIDE) NORTH OF HALL JOHNSON ROAD.
Subject to the following:
1. The grantee is responsible for the costs associated with the construction of this access driveway.
2. Design of facilities shall be as follows and/or as shown on sketch:
TO CONSTRUCT A PUBLIC ACCESS STREET (TUSCANY DRIVE) ALONG WITH DRAINAGE FACILTIES WITIIIN THE
STATE RIGHT OF WAY IN ACCORDANCE WITH THE ATTACHED PLANS. TIlE STREET SHALL BE CONSTRUCTED
WITH 8" LIMETREATEQ COMPACfED SUBGRADE (2.5 BEYOND EDGE OF CONCRETE), 4" OF TYPE "D" HOT MIX
UNDERLA YMENT (2' BEYOND EDGE CONCRETE, AND 8" OF CLASS P CONCRETE, WlDCR SHALL BE NON
REINFORCED BECAUSE OF THE PLANNED WGHWAY PROJECf. SAFETY END TREATMENTS (6:1) EINCASED IN
CONCRETE RIP RAP ARE REQUIRED PER THE ATTACHED PLAS. SAW CUT (FULL DEPTH) ALONG THE EDGE OF THE
ASPHALT FOR THE CONCRETE CONNECfION. ALL CONSTRUcnON WITHIN TIlE STATE RIGHT OF WAY SHALL
BE IN ACCORDANCE TO STATE STANDARDS AND SPECIFICATIONS. SEE ATTACHMENT "A".
Hwy. SH 26
Control 363
GARY L. PHILLIPS, TMS vn, TELEPHONE NUMBER 817-232-1304, SAGINAW OR 817-399-4350, EULESS, TEXAS,
SHALL BE NOTIFIED lWENTY-FOUR HOURS PRIOR TO BEGINNING CONSTRUCfION WITHIN THE RlGIIT TO WAY
AUTHORIZED BY TIllS PERMIT.
All pipe ICGMP or RCP). safety end treatments and base material, shall be at the lob site located off the State
riaht of way prior to the driveway installation. All construction and materials shall be sub.ect to inspection
and approval bv the State.
Maintenance of facilities constructed hereunder shall be the responsibility of the grantee, and the State reserves the
right to require any changes. maintenance or repairs as may be necessary to provide protection of life or property on
or adjacent to the highway. Changes in design will be made only with approval of the State.
The grantee shall hold harmless the State and its duly appointed agents and employees against any action for
personal injury or property damage sustained by reason of the exercise of this permit
Except for regulatory and guide signs at county roads and city ~treets. the Grantee shall not erect any sign on or
extending over any portion of the highway right of way, and vehicle service fixtures such as service pumps, vendor
stands, or tanks shall be located at least twelve 3.6 meters (12 feet) from the right-of-way line to ensure that any
vehicle services from these fixtures will be off the highway.
This permit will become null and void if the above-referenced driveway facilities are not constructed within six (6)
months from the issuance date of this permit.
OSCAR CHAVEZ, AE I GARY L PHILLIPS, TMS vn
The grantee will contact the State's representative EULESS, TX SAGINAW, TEXAS, telephone
(817) 232-1304 at least twenty-four (24) hours prior to beginning the work authorized by this permit
(817) 399-4350 - EULESS, TEXAS
DIST FILE:
Teas Department of Transportation
Date of Issuance:
DECEMBER 10. 2004
GARY L. PHILLIPS:
1 DAY
Glenn E. EIIi . P. E.
Director of Maintenance
Time Process:
Date:
Signed:
DECEMBER 9. 2004
," '1
E:x..Hl 0 'T D
ORDINANCE 0-04-1490
AN ORDINANCE REPLACING ORDINANCE 0-94-965, CHAPTER 94, TRAFFIC AND
VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMIT AND SCHOOL SAFETY ZONES
WHEREAS, the City Council deems it necessary for the health, safety and protection of
school children and the public in general to establish the maximum prima
facie speed limit and the modified school safety zones within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
Sec. 1.
THAT Chapter 94, Traffic and Vehicles, Section 94-49. Speed Limits -
Generally, be amended as follows:
(a) When posted and un-posted. It shall be unlawful for any person to
run, drive, direct or permit the running or driving of any motor-driven
vehicle in, upon, along or across any public highway, street, alley or
thoroughfare in the business, commercial, or residential districts
within the corporate limits of the City at a greater rate of speed than
30 miles per hour unless otherwise posted. It shall be unlawful for
any person to run, drive or permit the running or driving of any
vehicles on roads, streets and highways designated as school
safety zones, and as marked by signs erected on such roads,
streets and highways, during the school season and between the
hours designated on such signs at a greater rate of speed than 20
miles per hour. (See section 94-29 for speed limits on designated
streets. )
(b) Emergency vehicles. The provisions of subsection (a) of this
section shall not apply to emergency vehicles when responding to
emergency calls.
(c) When police officer directs. Nothing in this section shall be
construed as prohibiting the driver of a motor vehicle from obeying
the instructions of any police officer directing traffic, or any sign.
signal, or device directing the movement of traffic.
Sec. 2.
THAT Chapter 94, Traffic and Vehicles, Section 94-49. Same on specific
streets, be amended as follows:
Ordinance 0-04-1490
Page 2 of 2
I
Upon the basis of an engineering and traffic investigation made as !
authorized by the provisions of V.A.e.S. art. 6701d, 167 and 169, Uniform'
Act Regulating Traffic on Highways, the following prima facie speed limits
indicated in this section for vehicles are hereby determined and declared
to be reasonable and safe, and such speed limits are hereby fixed at the
rate of speed indicated in this section for vehicles traveling upon the
named streets and highways, or parts thereof. The location of such school
zones hereby established. (Exhibit "1 ").
This Ordinance shall become effective from and after its passage as provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the /~ ~ day of
~~~ 2004
The second reading and public hearing being conducted on the 7~ day of
<:;;;:l.J C"-I~~ 2004.
Cynthia Singleton
City Secretary
AS TO FORM AND LEGALITY:
Exhibit 1
School Safety Zones
Street by Block Portion of Street Speed in Miles
Number Per Hour
Glade Rd. 400. 263 feet West and 783 feet East from the centerline of the crosswalk 20
700 located in the 400 block.
Bransford Rd. 260 feet North and 840 feet South from the center line of the 20
4700 .4900 crosswalk located in the 4700 block.
Center Park 500 867 feet East from the centerline of the crosswalk located in the 500 20
block.
Cheeksparger Rd. 745 feet West and 798 feet East from the center1ine of the crosswalk 20
600.900 located in the 500 block.
Bogart St. 900 - 1,472 feet West and 461 feet East from the centerline of the 20
1000 crosswalk located in the 1000 bock.
Colleyville Blvd. 1160 feet North and 388 feet South from the centerline of the 35
4800.6000 crosswalk located in the 4800 block.
Hall Johnson Rd. 533 feet East from the centerline of the crosswalk located in the 1200 20
1200 block.
Heritage St. 5200 150 feet North and 949 feet South from the centerline of the 20
crosswalk located in the 5200 block.
Pool Rd. 5100. 650 feet North and 583 feet South from the centerline of the 20
5400 crosswalk located in the 5200 block.
Glenhope St. 6400 556 feet East from the centerline of the crosswalk located in the 6500 20
block.
Glenhope St. 6500 352 feet South from the centerline of the crosswalk located in the 20
6500 block.
Glenhope St. 6600 541 feet East from the centerline of the crosswalk located in the 6600 20
block.
ORDINANCE 0-05-1518
AN ORDINANCE REPLACING ORDINANCE 0-04-1490, CHAPTER 94, TRAFFIC
AND VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMIT AND SCHOOL SAFETY
ZONES
WHEREAS, the City Council deems it necessary for the health, safety and protection
of school children and the public in general to establish the maximum
prima facie speed limit and the modified school safety zones within the
City; and
WHEREAS, all statutory and legal prerequisites for the passage of this ordinance I
have been met; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Sec. 2.
THAT Chapter 94, Traffic and Vehicles, Section 94-49. Speed Limits -
Generally, be amended as follows:
(a) When posted and un-posted. It shall be unlawful for any person to run,
drive, direct or permit the running or driving of any motor-driven vehicle
in, upon, along or aaoss any public highway, street, alley or
thoroughfare in the business, commercial, or residential districts within
the corporate limits of the City at a greater rate of speed than 30 miles
per hour unless otherwise posted. It shall be unlawful for any person
to run, drive or permit the running or driving of any vehicles on roads,
streets and highways designated as school safety zones, and as
marked by signs erected on such roads, streets and highways, during
the school season and between the hours designated on such signs at
a greater rate of speed than 20 miles per hour. (See section 94-29 for
speed limits on designated streets.)
(b) Emergency vehicles. The provisions of subsection (a) of this section
shall not apply to emergency vehicles when responding to emergency
calls.
(c) When police officer directs. Nothing in section shall be construed as
prohibiting the driver of a motor vehicle from obeying the instructions of
any police officer directing traffic, or any sign, signal, or device
directing the movement of traffic.
Ordinance 0-05-1518
Page 2 of2
Sec. 3.
THAT Chapter 94, Traffic and Vehicles, Section 94-49. Same on specific
streets be amended as follows:
Upon the basis of an engineering and traffic investigation the following
prima facie speed limits for vehicles are hereby determined and declared
for vehicles traveling upon the named streets and highways, or parts
thereof. The location of such school zones hereby established. (Exhibit
"1").
This Ordinance shall become effective from and after its passage as provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~M day of
2!:2sj~~ 2005.
The second reading and public hearing being conducted on the ..5"'tt day of
~ 2005.
Cynthia Singleton, TRMC
City Secretary
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
~\h.~
Matthew C.G. Boyle
City Attorney
Exhibit 1
School Safety Zones
Street by Block Portion of Street Speed in Miles
Number Per Hour
Glade Rd. 263 feet West and 783 feet East from the centerline of the crosswalk
400 - 700 located In the 400 block. 20
Bransford Rd. 260 feet North and 840 feet South from the center line of the crosswalk
4700 - 4900 located in the 4700 block. 20
Center Park 867 feet East from the centerline of the crosswalk
500 located in the 500 block. 20
Cheeksparger Rd. 745 feet West and 798 feet East from the centerline of the crosswalk
600 - 900 located in the 500 block. 20
Bogart Sf. 1,472 feet West and 461 feet East from the centerline of the crosswalk
900 -1000 located in the 1000 bock. 20
Colleyville Blvd. 1200 feet North and 388 feet South from the centerline of the crosswalk
4800 - 6000 located in the 4800 block. 35
Hall Johnson Rd. 533 feet East from the centerline of the crosswalk
1200 located in the 1200 block. 20
Heritage St. 150 feet North and 949 feet South from the centerline of the crosswalk
5200 located in the 5200 block. 20
Pool Rd. 650 feet North and 583 feet South from the centerline of the crosswalk
5100 - 5400 located in the 5200 block. 20
Glenhope St. 556 feet East from the centerline of the crosswalk
6400 located in the 6500 block. 20
Glenhope St. 352 feet South from the centerline of the crosswalk
6500 located in the 6500 block. 20
Glenhope St. 541 feet East from the centerline of the crosswalk
6600 located in the 6600 block. 20
McDonwell School Rd. 180 feet West of the western property line and 260 feet East of the eastern
1100-1000 property line located in the 1100 block. 20
ORDINANCE 0-05-1539
AN ORDINANCE REPLACING ORDINANCE 0-05-1518, CHAPTER 94, TRAFFIC
AND VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMIT AND SCHOOL SAFETY
ZONES
WHEREAS, the City Council deems it necessary for the health, safety and protection
of school children and the public in general to establish the maximum
prima facie speed limit and the modified school safety zones within the
City; and
WHEREAS, all statutory and legal prerequisites for the passage of this ordinance
have been met; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Sec. 2.
THAT City Code, Chapter 94, Traffic and Vehicles, Section 94-48. Speed
Limits - Generally, be amended as follows
I
I
I
II
(a) When posted and un-posted. It shall be unlawful for any person to
run, drive, direct or permit the running or driving of any motor-driven
vehicle in, upon, along or across any public highway, street, alley or
thoroughfare in the business, commercial, or residential districts
within the corporate limits of the City at a greater rate of speed than
30 miles per hour unless otherwise posted. It shall be unlawful for
any person to run, drive or permit the running or driving of any
vehicles on roads, streets and highways designated as school
safety zones, and as marked by signs erected on such roads,
streets and highways, during the school season and between the
hours designated on such signs, or when indicated by flashing
lights and a sign stating when flashing, at a greater rate of speed
than 20 miles per hour. (See section 94-49 for speed limits on
designated streets.)
(b) Emergency vehicles. The provisions of subsection (a) of this
section shall not apply to emergency vehicles when responding
to emergency calls.
(c) When police officer directs. Nothing in section shall be construed
as prohibiting the driver of a motor vehicle from obeying the
instructions of any police officer directing traffic, or any sign, signal,
or device directing the movement of traffic.
Ordinance 0-05-1539
Page 2 of 2
Sec. 3.
THAT City Code Chapter 94, Traffic and Vehicles, Section 94-49. Same
on specific streets be amended as follows:
Upon the basis of an engineering and traffic investigation the following
prima facie speed limits for vehicles are hereby determined and declared
for vehicles traveling upon the named streets and highways, or parts
thereof. The location of such school zones hereby established. (Exhibit
"1 D).
This Ordinance shall become effective from and after its passage as provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2005.
The second reading and public hearing being conducted on the day of
2005.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C.G. Boyle
City Attorney
I
II
i I
Exhibit 1
School Safety Zones
Street by Block Portion of Street Speed in Miles
Number Per Hour
Glade Rd. 263 feet West and 783 feet East from the centerline of the crosswalk
400 - 700 located In the 400 block. 20
Bransford Rd. 260 feet North and 840 feet South from the center line of the crosswalk
4700 - 4900 located In the 4700 block. 20
Center Park 867 feet East from the centerline of the crosswalk
500 located In the 500 block. 20
Cheeksparger Rd. 745 feet West and 798 feet East from the centerline of the crosswalk
600 - 900 located In the 500 block. 20
Bogart St. 1,472 feet West and 461 feet East from the centerline of the crosswalk
900 -1000 located in the 1000 bock. 20
Colleyvllle Blvd. 1200 feet North and 388 feet South from the centerline of the crosswalk
4800 - 6000 located In the 4800 block. 35
Hall Johnson Rd. 533 feet East from the centerline of the crosswalk
1200 located in the 1200 block. 20
Heritage St. 150 feet North and 949 feet South from the centerline of the crosswalk
5200 located In the 5200 block. 20
Pool Rd. 650 feet North and 583 feet South from the centerline of the crosswalk
5100 - 5400 located In the 5200 block. 20
Glenhope St. 556 feet East from the centerline of the crosswalk
6400 located in the 6500 block. 20
GIenhope St. 352 feet South from the centerline of the crosswalk
6500 located in the 6500 block. 20
Glenhope St. 541 feet East from the centerline of the crosswalk
6600 located In the 6600 block. 20
McDonwell School Rd. 180 feet West of the western property line and 260 feet East of the eastern
11 ()()"1 000 property line located in the 1100 block. 20
CITY COUNCIL
ci.ry 01
CCe<1l AGENDA BRIEFING
'rL~.'::l$
MEETING DATE: i 08/16/05 CITY MANAGER I
ITEM #: ! 10 DEPARTMENT HEAD I
RESOLUTION #: I R-05-2581 FINANCE REVIEW IN/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT : Consideration of appointments to the Historical
Preservation Committee
Reading and Public Hearing
There are five (5) positions on the Historical Preservation Committee whose terms
expire August 2005. The positions were advertised and applications accepted July 5
through August 5, 2005. The incumbents were notified by mail that their term was
expiring and asked to complete an Application for Appointment if they wished to be
considered for reappointment.
The following committee member's terms expire August 2005:
. Sammie Bolling
. Joe Deupree
. Ed Havran
. Brenda Miller
. Nelson Thibodeaux
The following is a list of applicants and their applications are attached:
. Nelson Thibodeaux
. Edward Havran
. Sammie Bolling
. Joe Deupree
Interviews for the applicants with Council are scheduled prior to the Council meeting.
On the basis that there are five openings and four applicants, staff extended the
advertising period to September 8, 2005.
Financial Impact
None
Agenda Briefing
Resolution R-05-2581
Page 2 of 2
Recommendation
Approval
Attachments
. Historical Preservation Committee roster
. Applications for Appointment
. Resolution R-05-2581
Historical Preservation Committee
Meets Second Tuesday of Each Month
Sammie Bolling
6712 Curtis Road
Colleyville, TX 76034
W: 817.503.1032
H: 817.281.0354
bollinqs(iilci .collevville. tx. us
TERM: August 2003 - 2005
Lila Coley
401 Shelton Drive
Colleyville. TX 76034
H: 817.605.3205
F: 817.605.3205
colev(iilflash.net
TERM: August 2004 - 2006
Joe Deupree
5101 Montclair Drive
Colleyville. TX 76034
H: 817.283.7002
F: 817.545.4359
TERM: August 2003 - 2005
Gerald Hartman, Jr.
2009 Oak Knoll Drive
Colleyville, TX 76034
W: 817.399.0123
H: 817.540.0432
F: 817.399.0777
ahartman25(iilcomcast. net
TERM: August 2004 - 2006
Ed Havran
303 Oak Crest Hill
Colleyville, TX 76034
H: 817.498.1420
eraven(iildfwonline. net
TERM: August 2003 - 2005
Charles Hewitt
224 W. Mill Valley Drive
Colleyville. TX 76034
W: 972.393.3818
H: 817.503.9819
charliehewitt(iilvahoo. com
TERM: August 2004 - 2006
Mark Johnson
4804 Mill Brook Drive
Colleyville, TX 76034
W: 817.909.0778
H: 817.354.4098
F: 817.788.1399
markiohnson49(iilcomcast.net
TERM: July 2005 - August
2006
Brenda Miller
4719 Meandering Way
Colleyville, TX 76034
W: 817.334.4101
H: 817.685.6634
F: 817.334.4001
TERM: August 2003 - 2005
Nelson Thibodeaux
5612 Coventry Court
Colleyville, TX 76034
W: 817.416.6934
H: 817.858.9012
F: 817.329.1828
TERM: August 2003 - 2005
COUNCIL LIAISON
Richard Warner
5408 South Drive
Colleyville. TX 76034
W: 972.714.5710
H: 817.514.6232
RickDW (iilcomcast. net
TERM: August 2004 - 2006
Jon Ayers
4808 Meandering Way
Colleyville, TX 76034
W: 817.267.9009
H: 817.267.1630
F: 817.318.0663
M: 972.571.6647
ayersi(iilci .collevville. tx. us
Revised 07-13-05
ae6:..:!'J..,.,..
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CITY SECRETARY'S
OffICE
Application for Appolntmen
P!anlWlg and Zoning CommIsIlon and Zoning Board of Adjollment appleants are required 10 .
Financl. Olsc:taaurtt and Bualneu Contlct of 1nternt fomw two (2) business dIIya albw the applicaliCll'l de...
as adller1ll\led in the PWIc NoIce. These forma we available on fl. cay'. webde at
<htllJjtwww.col.......~rdIIaoDlcation.....orbycontactingtheCftys.crelaryat817.503.113O
Ms.
Mn.
Mr. Nane: Thibodeaux Nelson J.
~~~~;~~..'....'."'~~_.~~;~!2~~;'~~."~1~:~~.;~~JM~~_.~.~~_~~_.~.~..'
Home T.w.nhone: 81,.283.2992 Won< TeI-.hone: 81'.416.6934
,,_,..^___,,".~~.......__.v.., _._,._.......___...._...___,,~,___~.___.___..._____.,".,"'_"'_...>.....-"'..e'
X' By c:becIdng this box, IlIIIrmat~ consent to the reIeue of my peraonal .-mal1
__ ~d""'.!L!!! 911. You ~af release _ ______
J;~rmi' ~ss: nelsont@Loca1NewsQnll.com ~ax:_.--.!~:I~!.._".,..._.
_ ~al'd. Q:!!ml~?" or Committee ~ntment Desired: . Histori~ .~se~~...._
Qualifications: (list eclucati0n81 background or experience that would assist you in carrying
out tle duties of lhIs appcMntment)
Council liaison to Board 1998 -2000; Served on Board 2003-2005
__ ~~~ as Ch~an f~! 50th ~e~ 0{9!!l_0~. !Jo.JU"d"
...~~_!!~~.~ents that have includ~ historical aspects of ~a at ._._~.
.~~~_ ..~mle eoDeyyi1leand l.YhAtJL'f.~kend, ____._._.~_,,~~____."__.~..
Reasons for Serving: (state briefty the contribUtions you C31 make to this appointment and
your reasons for w.,ting to serve on the Board. Commissjon, or Committee)
'._'~ TO-Rromote ~. ~ge~e Histori~ ~~.and .~~_~!J..S_!~___.
advance the :preservation of any historically signfieant place or item.
Stgnature:
Once the City ncIf has filled a posftion. your epplicati
you must reapply for future openings.
This InIonnItIon w. become . Pubic RlICOtCI.
CIty Secte'.wy. 1", MIlrt.sn.t. c~ Teu. 7tGU, Phone: '17.503.1130 Aut: '17.503.11>>
that attendWlce and active support is required for each appointee'?
no
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Texas
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'OFFlCE
, I') -) ,) POI:' : ::5 9 ReV i)
Application for Appointment
Planning and Zoning Commission and Zoning Board of Adjustment 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.
Mrs. I J d
Mr. Name: (11tJ!.RB1J ~J {)JdV
(Last) (First)
Address: 3 ~ ~ /.)a.fL.~ fle$1- J.!../ /1 Jl y
~
IJt/ 7~ 0 3;:::
Home Telephone: e /7 - f-t:jf'-IY-;ZO Work Telephone: ff/7- HS- /st::z c>
~
@-By~hecking this box, I consent to the release of my personal e-mail address by the
City.
E-mail Address: e.Vert/eM ~ 17rW p~~'#f. t1/~f-
Board, Commission or Committee Ap ointment Desired:
".~ sevv:l ~I> t.J
Qualifications: (list educational background or experience that would assist you in carrying
out the duties of this appointment)
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d ~~ If OJ V' /JJ /AJ ,'/A rice I> f-w\r)
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III Sror't'd L d t'oVf.2 - ;7~ Ivd ,.}I~ -re.1S/3. > ~~-cd-,-
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)
W~C> (J. /J I~ €' Tt> eo yfl f1d-e ".., Y P vI!" SeN f-
!zt1>'h.IH( /I1c:1vJ<~v fr '}Vd~
Do you understand that attendance and active support is required for each appointee?
~s no
Signature:
Date: LJ 7- LJ8- " >-
Once the City Council has filled a position, your application will be removed from the file and
you must reapply for future openings.
This information will become a Public Record.
City Secretary, 100 Main Street, Colleyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139
"_"".""'_"'.,_~"'~ .. .~._._ '~'.c_,_____,
D~@L~llW~n'
JUL. 'I -. U
ccen~
TexaS-
CITY SECRETARY'S
OFFICE
. -', r' ,
~ I j - .
Application for Appointment
Planning and Zoning Commission and Zoning Board of Adjustment 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.aso>orbycontactingtheCitySecretaryat817.503.1130
Ms.
Mrs.
Mr. Name: beltl iz)(.: _ Jilin //1 / e:- J:
(Last) _ (First) .' (MI)
Address: //'J/';;" C<</i17J /?d, /t:/fftJ {:,//e. 77(! /6cJt/
(/L. [/ /.
Home Telephone: D;( .2/'/ {? 35 t;/ Work Telephone: (f/7.53.5, /oJO
By checking this box, I affirmatively consent to the release of my personal e-mail
address by the City.
. ., .' . 1 . -d _I/J '/'1 -
E-mail Address: /J/il) ',5 ~Y'/ '/!'l {J.,//('" , Fax: ,4 ,/{)J'
Board, Commission or Committee Appointment Desired: /1.)#/(./~/-f/Oc-':(e/lL//lh i7L.
Qualifications: (list educational background or experience that would assist you in carrying
out the duties of this appointment)
'\c/L!/fe./~R-/J- ~~ yJ0~-:*,/<!/{,A/ /i:;l)/~/I//fr~ ~
/y//::.uc>f/{J & ~"~ / / j; / 1'/ 'yj'.2~A J qL /!::.J ~Y2-tr
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/' r.(JJ}r/L/ 1 vd tj,'A'f,
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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 i ('lilt:' c/J;f" ~ /51/'*,/) tf'/ (lvu'al/)'/ /C C)/ //J r~,tJ/Jk.
,T w;1JtJI +LJ /J~/z}ue ~/~U/:6~ /1/' /~~ Af
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Do you understand that attendance and active support is required for each appointee?
"'::::::yes _ no
Signature: Date: 7-//-65
.
Once the City Council has filled a position, your application will be removed from the file and
you must reapply for future openings.
This information will become a Public Record.
City Secretary, 100 Main Street, Colleyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139
CITY SECRETARY'S
. ,I ;;: P5~,I~~ II !~ C " )
Application for Appointment
~n~
TexaS
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" --- --..-, ~
-.-.-,.,..) ._,-~~.
.11.'1... ,~ ;.~, ?
Planning and Zoning Commission and Zoning Board of Adjustment 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
<htto://www.collevville.com/boards/application.asp> or by contacting the City Secretary at 817.503.1130
Ms.
Mrs. \
Mr. Name: "1)E\.A ,pR-e-~ '\.l t)L
(Last) (First)
Address: 51 0 I ^A OWr~ LA (~
l:!!-f \:'-e L "-
Home Telephone: ~ ) 7 L~ ~ 7 ~ Dc2 WQdi Telephone: ~ I 7 ~ 1f 7 i 5: ~
J:J..sy checking this box, I consent to the release of my personal e-mail address by the
City. t
E-mail Address: ~.A E:.\(e R-Q:'- ~(1~(}~I~ (\)~(Fax: ~/7 S'~ "- ~S9
Board, Commission or Committee Appointment Desired: ~CSM {Y)
fV)
(MI)
Qualifications: (list educational background or experience that would assist you in carrying
out the duties of this appointment)
-11tA..Rs ,) f' ~f~( I:JuCr: 6~ ~M -V As Cl~PI'lrZ))f)N
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)
lbw~J 0kc Ie h:(.2-,p Lv~ 1-0 ~ V So th..
Do you understand that attendance and active support is required for each appointee?
~es no
Date: 7-gr-c~
Once the Ci ouncil 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, Col/eyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139
RESOLUTION R-05-2581
A RESOLUTION APPOINTING MEMBERS TO THE HISTORICAL PRESERVATION
COMMITTEE
WHEREAS, five positions on the Historical Preservation Committee have expiring terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City Council hereby appoints the following persons to serve a two
year term expiring August 2007 on the Historical Preservation Committee:
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF
THIS THE DAY OF
AYES,
NAYS AND
2005.
ABSTENTIONS
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
CITY COUNCIL
cil,r Of
$~
TC'~;;!;:5
AGENDA BRIEFING
MEETING DATE:
ITEM#:
RESOLUTION # :
08/16/05
11
R-05-2582
CITY MANAGER l
,'I'll//! /
DEPARTMENT HEAD i JV/V"t'
FINANCE REVIEW I
Previous Action: None
DEPARTMENT : ENGINEERING
SUBJECT: Approval of a Construction Contract with C. Green
Scaping, L.P., for the McPherson Park Trail Project,
in the amount of $109,360
Reading and Public Hearing
In November 2001, the City Council established the McPherson Master Plan Committee to
develop a Master Plan that addressed both the current and future recreational and athletic
needs of the City. The McPherson Park Mater Plan Committee worked with City staff for
several months to develop a schematic plan. Upon completion of this plan, the City secured
the services of Newman, Jackson, Bieberstein, Inc. for the refinement of the plan to reflect the
program elements desired by the committee and City staff. On October 1, 2002, the City
Council approved the McPherson Park Master Plan. The elements of the park include
unstructured open space play areas, fishing pier and pond, concrete parking for 150 cars,
basketball and sand volleyball courts, a pavilion, playground and concrete hike and bike trails.
Staff was directed by City Council to construct the eastern and northern section of the hike and
bike trails. Design began in June and was completed in July 2005 in-house by City staff with a
savings of approximately $15,000 in design fees. The project will consist of approximately
2,200 linear feet of 10 foot wide trail. Construction will begin in September 2005. The
estimated project duration is 75 calendar days. Substantial completion is expected in
November 2005.
The McPherson Park Trail Improvements project was advertised on July 17 and July 24, 2005.
Bids were opened on August 2, 2005 with C. Green Scaping, L.P. being the low bidder at
$87,488, with a 25% contingency for a total of $109,360. C. Green Scaping, L.P. has
completed projects in Colleyville in recent years. They completed the projects on time and the
quality of work was excellent. They were also very responsive and worked well with staff.
Financial Impact
Funding is available in the CEDC budget.
Attachments
. Bid Tab
. Resolution R-05-2582
McPherson Park Trail Project
CONTRACTOR
BID AMOUNT
1) C. Green Scaping, L.P. $87,488.00
2) Humphrey & Morton Construction $92,921.00
3) R.E.C. General Contractors $97,694.90
4) J & J Hardscape $99,285.00
5) Cole Construction Inc. $104,585.00
6) American Civil Constructors $105,795.00
7) BurnsCo Construction, Inc. $121,345.00
8) Linder Construction Company $128,836.25
RESOLUTION R-05-2582
A RESOLUTION AUTHORIZING THE APPROVAL OF A CONSTRUCTION
CONTRACT WITH C. GREEN SCAPING L.P. FOR THE MCPHERSON PARK TRAIL
IMPROVEMENTS
WHEREAS, the City of Colleyville has adopted the McPherson Park Trail Master Plan;
and
WHEREAS, the design of the trail was completed in-house by City staff; and
WHEREAS, bids were received on August 2, 2005 with C. Green Scaping L.P. being
the low bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Construction Contract, including contingency, with C. Green
Scaping L. P. for the McPherson Park Trail Improvements, in the amount
of $109,360, is hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
NAYS, AND
2005.
ABSTENTIONS ON
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
CITY COUNCIL
c\tr Of
~~
'TC'~~:;
AGENDA BRIEFING
MEETING DATE: I 08/16/05
ITEM #: i 12
RESOLUTION #: I R-05-2583
CITY MANAGER i
DEPARTMENT HEAD i
FINANCE REVIEW I
Previous Action: None
DEPARTMENT: ENGINEERING
SUBJECT: Approval of the project list for the Tarrant County
Bond Election
Reading and Public Hearing
Tarrant Count is planning a bond election in May 2006. The bond package will include up to
$200 million in transportation related projects. As a requirement of the bond submittal, cities
will need to fund 50% of the cost of each project submitted.
Staff presented, to the City Council, a list of proposed projects for consideration at Pre Council
meetings in June and August, 2005. Based on recommendations from the City Council, (11)
eleven projects will be submitted for consideration. These projects include intersection
enhancements, street projects, hike and bike trails, and a park-n-ride feasibility study.
As a requirement of Tarrant County, staff is preparing a submittal package, which includes cost
estimates, concept drawings, project schedules, descriptions and scope of work narratives,
and a resolution of support from the City Council.
Key dates for the bond election include:
. Project submittal date - August 19, 2005
. Verification of project data - September and October 2005
. Project evaluation - November and December 2005
. Project recommendation to County Commissioners Court - January 30,2006
. Public meetings - February through April 2006
. Election date - May 2006
Financial Impact
none
Attachment
. Resolution R-05-2583
RESOLUTION R-05-2583
A RESOLUTION SUPPORTING THE TARRANT COUNTY BOND ELECTION AND
IDENTIFYING THE PROJECTS THE CITY OF COLLEYVILLE WILL SUBMIT FOR
CONSIDERATION
WHEREAS, the City of Colleyville is dedicated to the improvement of its streets and
trail systems; and
WHEREAS, by improving the infrastructure, the citizens' quality of life will be
enhanced; and
WHEREAS, the City of Colleyville supports the Tarrant County Bond Election; and
WHEREAS, the City of Colleyville will be submitting (11) eleven projects for
consideration; and
WHEREAS, the City of Colleyville has matching funds in the amount of 50% of the
overall cost of each project submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City of Colleyville submits the following projects for
consideration to Tarrant County:
1) Jackson Road and Cheeksparger Road intersection improvements
2) Church Street realignment
3) John McCain Road and Pleasant Run Road intersection improvements
4) Bogart Street improvements
5) Glade Road and Pool Road intersection improvements
6) Martin Parkway and Cheeksparger Road intersection improvements
7) Pleasant Run Road Hike and Bike Trail - Phase I
8) Pleasant Run Road Hike and Bike Trail- Phase II
9) Thompson Terrace Trail
10) Big Bear Creek Trial Extension
11) Park-n-ride Feasibility Study
Sec. 2.
THAT the City of Colleyville has committed a 50% funding match for each
project submitted.
Sec. 3.
THAT the City of Colleyville project list and funding commitment is hereby
approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
NAYS AND
2005.
ATTEST:
Cynthia Singleton, TRMC
City Secretary
ABSTENTIONS ON
CITY OF COLLEYVILLE
David Kelly
Mayor
CITY COUNCIL . CCeu", AGENDA BRIEFING
IC'X<l$
MEETING DATE: 08/16/05 CITY MANAGER:
ITEM # : 13 DEPARTMENT HEAD .
RESOLUTION # : R-05-2584 FINANCE REVIEW i
Previous Action: N/A
DEPARTMENT: FINANCE
SUBJECT : Approval of a proposal to set tax rate for FY 2006 at
$.3474 per hundred dollars of valuation and setting
dates for two public hearings on the FY 2006 tax
rate
Reading and Public Hearing
Chapter 26, Texas Property Tax Code, requires taxing units to comply with "Truth-in-Taxation"
laws in setting tax rates and perform an effective tax rate calculation. Recently passed
legislation now requires that notices and two public hearings be held before the public hearing
to adopt the tax rate is held if the proposed tax rate is greater than the effective tax rate. Prior
to this legislation, if the proposed rate was 3% greater than the effective tax rate then notices
must be published and one public hearing must be held.
The FY 2006 proposed tax rate is $.3474 per hundred dollars of valuation. This tax rate is
unchanged from FY 2005 to FY 2006, but the proposed tax rate of $.3474 per hundred dollars
of valuation is greater than the calculated effective tax rate of $.3372 (tax year 2005/FY 2006).
To comply with taxation requirements for public hearings and notices relating to these
hearings, it is necessary that the Council pass a resolution reflecting its intention to adopt a tax
rate of $.3474 per hundred dollars of valuation and set two public hearings on the tax rate.
The vote on this resolution must be taken as a record vote. The notice of public hearing will be
published on Tuesday, August 23, 2005, in the Fort Worth Star-Telegram. The resolution
presented is pursuant to Sections 26.05 and 26.06 of the Texas Property Tax Code calling for
the approval of a proposal to set the ad valorem tax rate at $.3474 per hundred dollars of
valuation and calling two public hearings. The first meeting will be held on Tuesday, August
30, 2005 at 6:30 p.m. and the second meeting will be held on Tuesday, September 6, 2005, at
7:30 p.m. The tax rate will be adopted on Tuesday, September 20, 2005.
As a point of reference, the effective tax rate calculation set the interest and sinking rate (Debt
Service Fund rate) at $.06969. The remainder of the tax rate of $.27771 will be allocated to
operations and maintenance (General Fund rate). The ordinance adopting the FY 2006 tax
rate will reflect these rates as required by the effective tax rate calculation.
Financial Impact
Notice of intent to adopt FY 2006 tax rate of $.3474 per hundred dollars of valuation.
Agenda Briefing
Resolution R-05-2584
Page 2 of 2
Recommendation
Approval
Attachments
· 2005 Effective Tax Rate Calculation
· Resolution R-05-2584
2005 Effective Tax Rate Worksheet
Entity Name: City of Colley vi lie Date: 08/8/2005
See pages 15 to 18 of the Texas Comptroller's 2005 Truth-in-Taxation Manual for an explanation of the effective tax rate.
Note: School districts are not required to publish an effective tax rate. School districts may complete this worksheet, at
their option, or may skip to the Rollback Tax Rate Worksheet.
1. 1;004~otal t~able value. Enter the amount of 2004 taxable value on the 20~~~.-..-~._.. - $2,64~,682,362
I ;ax roll today. Include any adjustments since last year's certification; exclude
I Section 25.25(d) one-third over-appraisal corrections from these acljustments.
: This total includes the taxable value of homesteads with tax ceilings (will
deduct in line 2) and the captured value for tax increment financing (will deduct
i'taxes JI~line 142:~_.___ ..__. ___.____..
2. 2004 tax ceilings. School Districts, Counties, Cities and Junior College
! Districts. Enter 2004 total taxable value of homesteads with tax ceilings. These
I. include the homesteads of homeowners age 65 or older or disabled. Other units
enter "0" If your taxing units adopted the tax ceiling provision in 2004 for
~ home.owners ~ge 65 or older or~isabled,.use this step...~__~..
3. ! Preliminary 2004 adjusted taxable value. Subtract line 2 from line I.
$176,154,001
5.
2004 taxable value lost because court appeals of ARB decisions reduced 2004
appraised value.
A. Original 2004 ARB values:
l-i $2,467,528,361
- ~--_.._---------
,
i 0.347400
.~-_._-
I
4. I 2004 total adopted tax rate. (/$100)
1------.'----..'------------------------.-------..----..._______
B. 2004 values resulting from final court decisions:
$3,972,656
$2,996,124
~$976,532
I $2,468,504,893
.--1-
$0
C. 2004 value loss. Subtract B from A.
__________n___..'...___..______..____....__..______ ._______~___
6. 2004 taxable value, adjusted for court-ordered reductions. Add line 3 and line
5C.
7. : 2004 taxable value of property in territory the unit deannexed after January I,
f 2004... Enter the 2004 valu~ of property in.deanne){e~ terri!lJry.___~_
8. i 2004 taxable value lost because property first qualified for an exemption in
. 2005. Note that lowering the amount or percentage of an existing exemption
does not create a new exemption or reduce taxable value. lfthe taxing unit
increased an original exemption, use the difference between the original
exempted amount and the increased exempted amount. Do not include value
lost due to freeport exemptions or tax abatements.
A. Absolute exemptions. Use 2004 market value:
B. Partial exemptions. 2005 exemption amount or 2005 percentage
exemption times 2004 value:
C. Value loss. Add A and B.
$0
$3,255,000
$3,255,000
9.
2004 taxable value lost because property first qualified for agricultural appraisal
(I-d or I-d-I), timber appraisal, recreational/scenic appraisal or public access
airport special appraisal in 2005. Use only those properties that first qualified in
, 2005; do not use properties that qualified in 2004.
I
I c. Value loss. Subtract B from A. , $0
t--- --'.--- -.----- -----------.---..--......--.----....-----....--______.'_'__ L_~_ __.._.______
10. 120tfl~djustrn:I1t~ for lost valu~dd lin:s 7, 8.C and 9C. ... ___ . __ . ___~..J.. ~?5~~00_ .___
A.
2004 market value:
$0
B.
2005 productivity or special appraised value:
$0
Truth In Taxation
- July 2005
Page:
2005 Effective Tax Rate Worksheet
Entity NaIlle: City_ofCo!l~yvi~_______~_~_____~_~_
::: ~:::::;~::::' ::t:PI:::;:':;I:~OI~ro=d~~';" by ';;0_ - _ --
13. i-Taxes refunded for years preceding tax year 2004. Enter the amount of taxes
! refunded during the last budget year for tax years preceding tax year 2004.
Types of refunds include court decisions, Section 25.25(b) and (c) corrections
i and Section 31.11 payment errors. Do not include refunds for tax year 2004.
i This!ine applies only to tax years prec_eding tax y~~ 2004. _ _~__~____
14. I Taxes in tax increment financing (TIF) for tax year 2004. Enter the amount of -
I taxes paid into the tax increment fund for a reinvestment zone as agreed by the
taxing unit. If the unit has no 2005 captured appraised value in Line 16D, enter
~ This does not apply to school districts.
15. ~~dj~sted~2004 taxes with r~funds. i\dd Iines_~2 and 13, subtract li~~____
16. I Total 2005 taxable value on the 2005 certified appraisal roll today. This value
: includes only certified values and includes the total taxable value of homesteads
i with tax ceilings (will deduct in line 18). These homesteads includes
; homeowners age 65 or older or disabled.
A. Certified values only:
j
Date: 08/8/2005
$2,465,249,893
$8,564,278
$4,604
$357,212
I
.. . _I ;~'211,670- -- _:1
B. Counties: Include railroad rolling stock values certified by the
Comptroller's office:
C. Pollution control exemption: Deduct the value of property
exempted for the current tax year for the first time as pollution
control property (use this line based on attorney's advice):
$2,794,186,079
$0
$0
D.
Tax increment financing: Deduct the 2005 captured appraised value
of property taxable by a taxing unit in a tax increment fmancing
zone for which the 2005 taxes will be deposited into the tax
increment fund. Do not include any new property value that will be
included in line 21 below. Step D does not apply to school districts.
$112,291,118
i
I
!
I E. Total 2005 value. Add A and B, then subtract C and D.
I ___.. ___ __._______________
17. I Total value of properties under protest or not included on certified appraisal roll.
i A. 2005 taxable value of properties under protest. The chief appraiser
certifies a list of properties still under ARB protest. The list shows
the district's value and the taxpayer's claimed value, if any or an
estimate of the value if the taxpayer wins. For each of the properties
under protest, use the lowest of these values. Enter the total value.
t' $2,681,894,961
--- --- ..~_. _._-----~--
$57,472,675
B. 2005 value of properties not under protest or included on certified
appraisal roll. The chief appraiser gives taxing units a list of those
taxable properties that the chief appraiser knows about but are not
included at appraisal roll certification. These properties also are not
on the list of properties that are still under protest. On this list of
properties, the chief appraiser includes the market value, appraised
value and exemptions for the preceding year and a reasonable
estimate of the market value, appraised value and exemptions for the
current year. Use the lower market, appraised or taxable value (as
appropriate). Enter the total value.
C. Total value under protest or not certified. Add A and B.
$6,683,976
I $64, I 56,651
_.------- -------.--_.,------
Truth In Taxation
- July 2005
Page:
2
2005 Effective Tax Rate Worksheet
Entity Name: City ofColleyville
1-------- ----.-----------~-.-----
]8. ! 2005 tax ceilings_ Enter 2005 total taxable value of homesteads with tax
! ceilings_ These include the homesteads of homeowners age 65 or older or
I disabled_ Other units enter "0." If your taxing units adopted the tax ceiling
.JJ!ovision in 2004 for h.omeo~ners ag~65 or ol<ier or disabled, use this st~.
]9. 129~~_total ta~able val~e. Ad~ lines I~E and 1!C. Subt~act Iinel~_ .~____
20. i Total 2005 taxable value of properties in territory annexed after January I,
, 2004. Include both real and personal property. Enter the 2005 value of
: property in territory annexed, including any territory annexed by the school
21. ~:::;c~~O~ tax~~;e value of new impro:ements ~d ne~ personal p.rope~y
1- located in new improvements. "New" means the item was not on the appraisal
roll in 2004. An improvement is a building, structure, fixture or fence erected
, on or affixed to land. A transportable structure erected on its owner's land is
! also included unless it is held for sale or is there only temporarily. New
: additions to existing improvements may be included if the appraised value can
: be detennined. New personal property in a new improvement must have been
I' brought into the unit after January I, 2004 and be located in a new
improvement. New improvements do include property on which a tax
. abatement agreement has expired for 2005. New improvements do not include
I' mineral interests produced for the first time, omitted property that is back
assessed and increased appraisals on existingproperty-'-----_____
22. [!~tal adjustme_nts to the 2005 taxable value. Add lines 20 ~nd 21.._ '__
23.
, 2005 adjusted taxable value. Subtract line 22 from line 19.
r -- --------------.',-----.---...----------....-------- ___.__________
l~oo~~ect~"':t<lX rat~~vide line.~~.line 23 and m~ltiply by $IOO~~$IOO)
: COUNTIES ONLY. Add together the effective tax rates for each type of tax
Lthe cO\lntl'l~vies The to.t..a1 is th~~005~untye!fective_ tax .rate. (/$ ~O()L_
24.
25.
Date:
08/8/2005
$170,822,455
$2,575,229,157
$0
1--~39'730'022
I
I
--j
$139,730,022
A county, city or hospital district that adopted the additional sales tax in August or November 2004 or in January or May 2005 must
adjust its effective tax rate. The Additional Sales Tax Rate Worksheet on page 48 of the Texas Comptroller's 2005
Truth-in-Taxation Manual sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing
unit adopted the additional sales tax on these dates.
Truth In Taxation -- July 2005
Page:
3
RESOLUTION R-05-2584
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS
PASSED PURSUANT TO SECTION 26.04, SECTION 26.05 AND SECTION 26.06 OF
THE PROPERTY TAX CODE OF THE STATE OF TEXAS, APPROVING A
PROPOSAL TO SET PROPERTY TAX RATES AT THIRTY FOUR AND SEVENTY
FOUR HUNDREDTHS CENTS ($.3474) PER ONE HUNDRED DOLLARS VALUATION
FOR FISCAL YEAR 2006; DIRECTING THAT NOTICE BE GIVEN IN ACCORDANCE
WITH THE PROPERTY TAX CODE; SETTING TWO PUBLIC HEARINGS ON THE
PROPOSED TAX RATE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Tax Assessor/Collector for the City of Colleyville, Texas (the "City"), has
calculated the amount of the effective tax rate and the rollback tax rate
pursuant to Section 26.04(c) of the Property Tax Code of the State of Texas
(the "Property Tax Code"); and
WHEREAS, pursuant to Section 26.04(e) of the Property Tax Code, the said tax rates
have been submitted to the City Council, and
WHEREAS, it appears necessary to adopt a tax rate of thirty four and seventy-four
hundredths cents (.3474) per one hundred dollars of valuation, which will
raise greater tax revenue than it did in Fiscal Year 2005 although the tax rate
is remaining unchanged from Fiscal Year 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
THAT the City Council does hereby, by the approval of this resolution, state
its intention to adopt a tax rate for Fiscal Year 2006 of thirty four and seventy
four one hundredths cents ($.3474) per one hundred dollars of valuation.
THAT in order to comply with Section 26.05(d) and Section 26.06 of the
Property Tax Code, two public hearings on this proposed tax rate will be held
on August 30,2005 at 6:30 p.m. and September 6,2005 at 7:30 p.m. in the
Council Chambers, 100 Main Street, Colleyville, Texas, which date shall not
be earlier than seven (7) days after the date the notice of the public hearing
on the proposed increase is given.
THAT the City Secretary is directed to publish a notice of this hearing in the
official city newspaper at least seven (7) days prior to the date of the first
public hearing in accordance with Section 26.06 of the Property Tax Code.
THAT this resolution shall take effect from and after the date of its passage.
AND IT IS SO RESOLVED.
Resolution R-05-2584
Page 2 of 2
APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THIS
THE DAY OF 2005, BY THE FOLLOWING VOTE:
George Boll
Rich Hendler
Tom Hart
ATTEST:
Cynthia Singleton, TRMC
City Secretary
Tony Licata
Jon Ayers
CITY OF COLLEYVILLE
David Kelly
Mayor
.~
Texas
PLANNING AND ZONING COMMISSION
MEETING MINUTES - July 11, 2005
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Thomas Dolan, Dave
Dudziak, Thomas Bartkowski, Luann Edwards, John
Blassingame and Jeff Byerly were present.
Absent: Commissioners Duffy
Barry LeBaron, Chris Fuller and Amy Shelley from
staff were present.
INVOCATION
The invocation was given by Commissioner Dudziak.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Edwards moved to approve the June 27, 2005 meeting minutes as
written. Commissioner Dudziak seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
PUBLIC HEARING AGENDA ITEMS
1. Case P-05-023 - PUBLIC HEARING - Replat for Jennings Estates Addition
on 3.9 acres, located at 6112 and 6115 Hunter Lane
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Edwards questioned staff in regards to Lot 2R1; it does not appear to
connect to the cul-de-sac? Barry LeBaron responded the lot is showing frontage on
the cul-de-sac; there is an access easement which is what the property owner's
have been able to access their property.
Commissioner Edwards questioned staff if all the lots should be on the cul-de-sac?
Barry LeBaron stated the property being referred is not part of the property
ownership to this particular plat.
Commissioner Byerly opened the public hearing at 7:11 p.m.
There being no one wishing to speak, the public hearing was closed at 7:11 p.m.
Planning & Zoning Commission
Minutes - July 11, 2005
Page 1 of 7
Commissioner Edwards questioned staff if this arrangement of not having the lot on
the cul-de-sac would not cause problems in the future? Barry LeBaron replied they
still have an access easement to the cul-de-sac. He stated the cul-de-sac will now
be completed with this plat, in the past, it was not completed.
Commissioner Byerly questioned City Attorney, Matthew Boyle, if the plat can be
approved without the easement on the plat? Attorney Boyle stated the easement is
not required to have to be on this plat.
Commissioner Dudziak made motion to approve case P-05-023. Commissioner
Bartkowski seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
2. Case P-05-026 - PUBLIC HEARING - Replat for C-D Subdivision on 2.0
acres, located at 6513 & 6515 Colleyville Boulevard
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Edwards questioned staff in regards to the applicant owing perimeter
street fees for Colleyville Boulevard? Chris Fuller replied Colleyville Boulevard is a
state highway and improved by the state. Barry LeBaron concurred with Chris Fuller
the City has never collected for the state highway.
Commissioner Byerly opened the public hearing at 7:16 p.m.
There being no one wishing to speak, the public hearing was closed at 7:16 p.m.
Commissioner Dudziak stated wanting to question the applicant in regards to what
uses he will be using in the CN Neighborhood Commercial Zoning. Mr. Davidson
replied medical offices. Barry LeBaron replied the property being zoned ML Light
Manufacturing at one point and Mr. Davidson chose the CN zoning because the
uses would be better for this location. Commissioner Dudziak stated the uses would
be a good use for this area.
Commissioner Blassingame made motion to approve case P-05-026. Commissioner
Dudziak seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
3. Case Z-05-020 - PUBLIC HEARING - Request for a Special Use Permit for
a covered carport on Lot 6, Block 1, Woodbriar Estates West Addition, located at
3609 Cliffwood Drive
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Bartkowski questioned staff in regards if this is an existing carport?
Chris Fuller replied this structure does not exist.
Commissioner Byerly opened the public hearing at 7:31 p.m.
Planning & Zoning Commission
Minutes - July 11, 2005
Page 2of7
John McDaniel, the applicant, presented his request and briefed the Commissioners.
Commissioner Blassingame questioned Mr. McDaniel if the materials to be used to
construct are adequate for the neighborhood and aesthetically appeasing? Mr.
McDaniel stated wanting to try to match the exterior of his home as much as
possible.
Commissioner Dolan questioned the applicant if the pad, the carport will be
constructed on, was there when the property was purchased? Mr. McDaniel stated
correct.
Mrs. Emma Whittenberg at 3607 Cliffwood Drive, neighbor to Mr. McDaniel, stated
having a strong positive endorsement for the carport stating it will improve the value
of their home.
Phillip Williams at 3612 Cliffwood Drive, neighbor to Mr. McDaniel, stated having a
positive endorsement for the carport.
There being no one wishing to speak, the public hearing was closed at 7:35 p.m.
Commissioner Blassingame stated even though this application is not in compliance
with the regulations, the applicant has made every effort to keep the aesthetics of
the neighborhood.
Commissioner Bartkowski questioned staff in regards to the 10 foot set back, why is
that the standard number? Barry LeBaron stated when the carport regulations were
written and the presentation was made to the city council, a structure that is attached
to the house ought to comply with the regulations for the set back lines as the rest of
the structure would have. Yet a detached structure would generally be closer to the
rear or side property lines, maybe just enough set back so that the property owner
could mow and prevent the grass from growing tall and becoming a code
enforcement issue. Therefore, in order to give some line of demarcation between an
attached and detached structure, one that had the regulations of the main structure
and one that could use the five foot set back lines, we used the 10 foot set back.
Commissioner Bartkowski questioned staff if the one foot set back as requested in
this SUP, could become a fire hazard? Barry LeBaron replied not really, because a
carport is open on all sides, therefore access to the back could be gained through
entering the carport. In an accessory building, the sides are all enclosed making it
difficult to get behind.
Commissioner Edwards stated having reservations with the closeness of the carport,
however, the neighbors do not have an issue.
Commissioner Byerly concurred with Commissioner Edwards and stated the
neighbors are positive about the carport.
Commissioner Bartkowski questioned staff about the six foot drainage and utility
easement in the back of the property as written on the plat. He stated the carport
would encroach upon that easement. Barry LeBaron stated the carport and
placement of the pad would not have that great of an impact on the easement. If
Planning & Zoning Commission
Minutes - July 11, 2005
Page 3of7
necessary to gain access to the easement, the carport pad could be cut.
Commissioner Edwards made motion to approve case Z-05-020. Commissioner
Dolan seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
4. Case Z-05-021- PUBLIC HEARING - Zoning change from AG to R20 on
.815 acres, located at 2212 Glade Road
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Edwards questioned staff if the applicant is the owner of the property
and if not do we have a letter from the owner for this property? Chris Fuller replied
the applicant is the owner and documentation is in the packet.
Commissioner Bartkowski questioned staff if the R20 zoning is the largest the
property could fit in? Barry LeBaron replied could fit in the R30 zoning. The
applicant picked the R20 zoning because that is what is adjacent in the area.
Commissioner Byerly opened the public hearing at 7:41 p.m.
There being no one wishing to speak, the public hearing was closed at 7:41 p.m.
Commissioner Byerly questioned staff if the applicant is present? The applicant was
not present.
Commissioner Byerly questioned staff if R30 zoning could be approved even though
R20 is what is requested? Attorney Boyle replied the Commission could approve
anything less intense than that which is noted and applied for.
Commissioner Edwards questioned Commissioner Byerly as to why would they want
to approve R30 when R20 is what has been applied for? Commissioner Byerly
replied with the larger agricultural tracts to the side of this property, which is to say
the applicant would not come in later and buy the properties, have them all zoned
R20 and then subdivide for more density. The Master Plan wants to maintain the
rural feel and the R30 gives more flexibility just in case the properties are sold. If the
applicant were here, he would be able to tell us more of what his plans might be.
Commissioner Edwards questioned staff if this property would meet the R30
requirements? Chris Fuller replied this property would conform to the R30
requirements.
Barry LeBaron suggested to the Commission to table this item to be able to hear
from the applicant, unless they are willing to make a motion on the R20 request.
Commissioner Edwards and Commissioner Dudziak concurred with Barry LeBaron
in regards to tabling this item.
Commissioner Edwards made motion to table case Z-05-021 to the July 25, 2005
meeting. Commissioner Bartkowski seconded.
Planning & Zoning Commission
Minutes - July 11, 2005
Page 4 of 7
The motion to table was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
5. Case Z-05-022 - PUBLIC HEARING - Request for a Special Use Permit for
a covered carport on Lot 3, Block 1, Woodbriar Estates West Addition, located at
3701 Cliffwood Drive
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Bartkowski questioned staff in regards to the rescinded letter? Chris
Fuller replied Rolland Moraine sent a letter in opposition to this request and then
rescinded the letter later.
Commissioner Byerly questioned staff if the height on the charts presented for the
carport is correct? Chris Fuller replied staff went with the calculations given by the
applicant.
Commissioner Byerly opened the public hearing at 7:50 p.m.
Jonson Lake, 3701 Cliffwood Drive, the applicant presented the case and briefed the
Commissioners.
Commissioner Blassingame questioned Mr. Lake if he was not aware of the carport
regulations? Mr. Lake replied he went with what the contractor was telling him.
Commissioner Edwards questioned Mr. Lake if his intentions are to park a RV under
the carport? Mr. Lake replied no, I just made the carport large enough for one to fit.
Commissioner Byerly questioned Mr. Lake if that is a RV parked under the carport in
the pictures presented? Mr. Lake replied no, that is a 30-foot enclosed trailer.
Commissioner Byerly asked if the trailer and the boat would fit under the carport.
Mr. Lake replied no.
Commissioner Edwards questioned Mr. Lake where the boat would be parked? Mr.
Lake replied on his parent's property, but the trailer would stay.
Commissioner Byerly questioned Mr. Lake how tall the carport is, 12 foot 9? Mr.
Lake replied 12 foot 9 in the front and 12 foot 6 in the back.
Commissioner Edwards questioned Mr. Lake why the difference in height? Mr. Lake
replied for water drainage.
Commissioner Blassingame questioned Mr. Lake if he polled his neighbors other
than the one right next to you? Mr. Lake replied he polled the neighbor to the east
and south.
Phillip Williams at 3612 Cliffwood Drive spoke in opposition to the carport and has
concerns with the height and appearance of the carport.
Jim Schmulen, 3616 San Bar, spoke in opposition to having a structure that does not
conform to the regulations of the city. Stated having issues with the height and
visibility of the carport from his property, especially during the winter time when the
foliage would not cover the structure.
Planning & Zoning Commission
Minutes - July 11, 2005
Page 5 of 7
Commissioner Dudziak questioned Mr. Schmulen if the aesthetics of the carport
meet the ambiance of the neighborhood. Mr. Schmulen replied no, it does not.
Mrs. Emma Whittenberg at 3607 Cliffwood Drive spoke in favor of the carport for the
interest of harmony in the neighborhood. The applicant is trying to get some of the
items he needs to store off of the street. There is no sense in sweating the small
stuff.
Mr. Lake spoke in regards to the pictures Mr. Schmulen presented the elevations of
our properties are different so just the fence would be something seen from his
property.
Mr. Schmulen stated the fence is higher than 6 or 8 feet.
Mr. Lake stated the fences are the same height.
There being no one wishing to speak, the public hearing was closed at 8:01 p.m.
Commissioner Dudziak stated the style of the carport does not meet the zoning
standards and does not fit the ambiance of the homes.
Commissioner Blassingame concurred with Commissioner Dudziak and though
sometimes the Commission approves items that are not compliant with code, it
appears the applicant has made no attempt to be in compliance or even try to satisfy
the neighbors in any way. He stated by his count, the request is 4 to 1 against this
request.
Commissioner Byerly concurred with Commissioner Dudziak and Commissioner
Blassingame and it does not fit within the character of the neighborhood and the
neighbors do not want it.
Commissioner Dolan stated the applicant may have been the victim, but the size of
the carport is so far out of compliance that he would not be able to support the
request.
Commissioner Dudziak made motion to deny case Z-05-022. Commissioner
Byerly seconded.
The motion to deny was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
STAFF REPORTS
None
COMMISSIONER COMMENTS
None
ADJOURNMENT
The Commission adjourned the meeting at 8:05 p.m. by acclamation.
Planning & Zoning Commission
Minutes - July 11, 2005
Page 6 of 7
Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: July 25,2005
Planning & Zoning Commission
Minutes - July 11, 2005
Page 7 of 7
city Of
ilcg
Texas
PARKS AND RECREATION ADVISORY BOARD
MINUTES
Monday July 11, 2005
6:30 p.m.
Bob Leininger called the meeting to order at 6:30 p.m. on Monday, July 11, 2005 at the
Parks and Recreation office.
ROLL CALL:
Jerry Birkes, Connie Hampton, Pat Horn, Bob Leininger,
Pete Riis, Nancy Coplen, Councilperson Tom Hart and
Councilperson Tony Licata.
ABSENT:
Steve Dalri, Vince Rosen and Gil Turner.
STAFF:
Monica Walsh, Director of Parks and Recreation, Paul
Frederiksen, Assistant City Manager, Matthew Boyle, City
Attorney, Craig Dishman, Recreation Supervisor and Dixie
Smith, Administrative Assistant.
1 . Call to Order
2. Approval of the May 2, 2005 Parks and Recreation Advisory Board Minutes
Pat Horn moved to approve the May 2, 2005 Parks and Recreation Advisory Board
Minutes. Pete Riis seconded the motion. The vote was unanimous.
3. Discussion of Eagle Scout Project
Kevin Gottfredson of Troop 344 presented his project to replenish the fibar playground
surfacing at Kidsville playground in City Park. Kevin will secure volunteers to help
spread the fibar which will be purchased by the City. Pat Horn moved to approve the
Eagle Scout project for Kidsville. Pete Riis seconded the motion. The vote was
unanimous.
Parks and Recreation Advisory Board Meeting
July 11, 2005
Page 2
4. Discussion of Eagle Scout Project
Charles Anrice of Troop 28 presented his project to build picnic tables for City Park and
Pleasant Run Park. He will build a minimum of three tables. The City will purchase two
tables and Charles will raise money for the third table. Pete Riis moved to approve the
Eagle Scout project to build picnic tables. Connie Hampton seconded the motion. The
vote was unanimous.
Aaenda Item Number 6 was discussed prior to Aaenda Item Number 5 so that City
A ttorne v, Matthew Bovle, could attend a 7:00 p.m. Plannina and Zonina Committee
Meetina.
6. Discussion of the Texas Open Meetings Act
Matthew Boyle, City Attorney, discussed the Texas Open Meetings Act and defined it as
a criminal statute. Board members are subject to the Texas Open Meetings Act. Items
cannot be discussed that are not on the agenda. Contacting other Board members by
phone tree or emailing other Board members to discuss items on the posted agenda
prior to the meeting itself, up to the number of members that would constitute a quorum
for that Board, is in violation of the Texas Open Meetings Act. Citizen comments is a
one-way participation for citizens to give their side of the story for something not posted
on the agenda; but once they do so, it can not be discussed nor can you ask questions
of that citizen.
5. Discussion and Consideration of the Parks and Recreation Advisory Board
Attendance Requirements
Bob Leininger was requested to contact Gil Turner and discuss attendance at the Parks
and Recreation Advisory Board Meetings. Jerry Birkes made a motion to review the
Board attendance requirements of other Boards so we can be in compliance with other
Boards. Motion failed for lack of a second.
7. Update of Park Land
Monica Walsh, Director of Parks and Recreation, gave an update of potential park land
parcels 1,4, and 6. Councilperson Tom Hart informed the Board of the potential
purchase of the building and land on Glade Road which is currently known as the
Crosswinds Church.
Parks and Recreation Advisory Board Meeting
July 11, 2005
Page 3
8. 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.
9. Park Operations and Capital Improvement Status Reports
Monica Walsh, Director of Parks and Recreation, presented a status report on current
projects.
10. Adjournment
Pete Riis moved to adjourn at 7:50 p.m. Pat Horn seconded the motion. The vote was
unanimous.
Respectfully submitted and approved:
(....''. ,.~ (-.,~ "
;. ., \. " . .' /
f..0.j".cJ~;".. . ><" ;L;.d{.
Dixie S: Smith, Administrative Secretary
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING - JULY 14, 2005
REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at
7:00 p.m.
ROLL CALL
Present:
Skip Reynolds, Dee McNosky, Ed Moore and Larry
Knox (Alt. 1.) and Uton Dellosso (Alt. 2.)
Rich Munson, Lisa Kenney
Absent:
Staff: Barry LeBaron, Chris Fuller, Amy Shelley, Keith Fisher
APPROVAL OF MINUTES
Skip Reynolds made motion to approve the June 14, 2005 meeting minutes as written. Larry
Knox seconded. Approved by acclamation.
AGENDA ITEMS
1. Case A-05-005 - Request for a variance from the regulations of the Colleyville Land
Development Code regarding the rear building line setbacks on Lot 15, Block 4, Remington
Park Addition located at 6104 Equestrian Court
Staff member, Chris Fuller presented the case and briefed the Board members.
The applicant was not present at the meeting to present the case and brief the Board members.
Ed Moore made motion to table case A-05-005. Skip Reynolds seconded.
The motion to table was approved, the vote being:
Ayes: Dellosso, Moore, McNosky, Reynolds and Knox
Nay: None
2. Case A-05-006 - Request for a variance from the regulations of the Colleyville Land
Development Code regarding fence regulations on 8.3 acres in the H. Medlin Survey and
4.6 acres in the M.T. Jones Addition located at 7300 through 7408 Pleasant Run Road
Staff member, Chris Fuller presented the case and briefed the Board members.
Chairman McNosky opened the public hearing and asked the applicant to come forward to speak.
Steve Murrdock, speaking on behalf of the applicant, presented the case and briefed the Board
members. Mr. Robert Murros, the contractor was present as well for questions.
Mrs. Thomason, 7208 Pleasant Run Road, spoke in opposition to the fence variance with
concerns for visibility of traffic entering and exiting her property, emergency access and water
meter access.
Steven Moose, 7204 Pleasant Run Road, stated same concerns as Mrs. Thomason with high
regards to safe visibility for exiting the property.
Zoning Board of Adjustment
Minutes - July 14, 2005
Page 1 of 3
Mrs. Thomason questioned staff in regards to the placement of the new fence? Chris Fuller
replied the fence, according to drawings, will run parallel to Pleasant Run Road.
Dee McNosky questioned staff for clarity that this variance request is just for the height of the new
fence. Chris Fuller replied correct.
Mr. Murrdock replied to questions in regards to access to the properties, the gate will be open and
the placement of the fence will be consistent with what currently exists.
Ed Moore questioned Mr. Murrdock about the height of the pillars? Mr. Murros and Mr. Murrdock
stated the new fence pillars will be the same as the pillars that currently exists for consistency.
Uton Dellosso questioned Mr. Murrdock in regards to pictures to show where the placement of the
fence will be and the access. Mr. Murrdock and Mr. Murros presented pictures to answer Uton
Dellosso's question.
Barry LeBaron stated the applicant will not be blocking the private access easement.
Mrs. Thomason presented a letter stating the driveway has been dedicated as a public access
easement.
There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:20 P.M.
Uton Dellosso made motion to approve case A-05-006 with an amendment that the pillars will not
exceed the height of the current pillars. Skip Reynolds seconded with amendment.
The motion was approved, the vote being:
Ayes: Dellosso, Moore, McNosky, Reynolds and Knox
Nay: None
3. Case A-05-007- Request for a variance from the regulations of the Colleyville Land
Development Code regarding the reduction of the front building line and landscape
setbacks on a portion of Lot 1 R, Block II, Longwood Estates at Ross Downs Addition
Staff member, Barry LeBaron presented the case and briefed the Board members.
Chairman McNosky opened the public hearing and asked the applicant to come forward to speak.
Grant Woodfin, C&P Engineering, representing the applicant, presented the request and briefed
the Board members.
Skip Reynolds questioned Mr. Woodfin if they have already reduced the size of one of the
buildings to accommodate TX Dot's needs? Mr. Woodfin replied correct.
Mr. Woo Moon, 7009 Cole Court, questioned the Board members how this variance is going to
affect his property? Chairman McNosky replied this variance will not affect his property at all.
Barry LeBaron concurred with Chairman McNosky.
There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:35 P.M.
Ed Moore questioned Mr. Moon which property he has? Mr. Moon replied the laundry facility?
Barry LeBaron replied correct.
Skip Reynolds questioned staff if this is a state right of way dedication? Skip Reynolds stated the
Board has no jurisdiction over this dedication? Barry LeBaron replied correct.
Zoning Board of Adjustment
Minutes - July 14, 2005
Page 2 of 3
Ed Moore questioned staff if this is a variance for the landscaping and the 40 foot? Barry LeBaron
replied the variance as applied for the 40 foot buffer area would not be needed if the 10 foot relief
for the landscape buffer were approved.
Ed Moore made motion to approve case A-05-007 with the 10 foot relief for the buffer. Larry Knox
seconded.
The motion was approved, the vote being:
Ayes: Dellosso, Moore, McNosky, Reynolds and Knox
Nay: None
REPORTS AND COMMENTS
ADJOURNMENT
Ed Moore made motion to adjourn and Skip Reynolds seconded. Vote was unanimous and the
meeting adjourned at approximately 7:37 P.M.
Amy Shelley
Planning & Zoning Assistant
Approved on: August 9,2005
Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is
available upon request.
Zoning Board of Adjustment
Minutes - July 14, 2005
Page 3 of 3
COLLEYVILLE PUBLIC LIBRARY
BOARD MINUTES
July 18, 2005
I. CALL TO ORDER - Chair Pat Jones called the meeting of the Colleyville
Public Library Board to order at 7: 03 p.m.
ROLL CALL - Members present: Pat Jones, Karen Birkes, Nancy Eytcheson,
Richard Roxburgh, and Carol Wollin
Members absent: Susan Potter and Bonnie Carroll
Alternates absent: Dennis Healy and Angie Guthrie-Madison
Ex-Officio Members Present: Mayor David Kelly, Ginny Tigue and Ret
Stansburger
Ex-Officio Members absent: Steve Banta, Nancy Coplen, Dr. Larry Darlage,
and Susan Taylor.
Council Liaison Present: Tony Licata
Staff present: Mary Rodne
II. Election of the Colleyville Public Library Board Chair
Chair Pat Jones opened the floor for nominations for Library Board Chair. A
motion was made by Pat Jones and seconded by Richard Roxburgh to
nominate Nancy Eytcheson. Motion approved unanimously.
III. Election of the Colleyville Public Library Board Vice Chair
Chair Nancy Eytcheson asked for nominations for Library Board Vice Chair. A
motion was made by Karen Birkes to nominate Carol Wollin. Nancy
Eytcheson made motion to nominate Pat Jones. Motion approved 3 to 2 in
favor of Pat Jones as Vice Chair.
IV. Approval of June 13, 2005 Minutes - A motion was made by
Karen Birkes and seconded by Carol Wollin to approve the June 13, 2005
minutes as corrected. Motion approved unanimously.
V. LIBRARIAN'S REPORT
a. Monthly Statistics
Library Director Rodne distributed Colleyville Public Library June 2005
Usage Statistics, for review and discussion. Patrons had checked out a
total of 20,637 items, 275 Colleyville residents registered for library cards,
library patron visits totaled 12,410, attendance for programs totaled 1,265
and volunteer hours totaled 796.45 hours. Rodne also noted that the total
circulation of library materials this year was 34% higher than the total
circulation of library materials last year at this time.
b. Donations
Director Mary Rodne reported that the Library had received a total of
$14,684.50 in donations from the Friends in June, which included $6,000
for Books for Babies kits with bibs, $5,968.50 for books on CD and $2,716
for the purchase of a 3-M Security Application System.
c. Programs
Director Mary Rodne presented an update on the Library's Summer
Reading Program, Superheroes, Powered By Books, which started on
June 6, 2005. Director Rodne noted that the response to the reading
program continued to be very favorable. To date, around 881 children
and 107 adults, for a total of 988, had registered for the summer reading
program. Programs are continuing to be well attended. Rodne reported
that Chess Club had been going very well. Around 130 had registered for
the program and that a chess tournament was going to be held on July
20th. Everyone was also invited to attend the Library's Summer Reading
Finale that was going to be held on July 28, 2005, from 6:00 PM - 9:00
PM on Main Street in front of the Library and City Hall.
VI. Appointment of the North Texas Regional Library System Assembly
Representative and Alternate
Pat Jones nominated Susan Potter to serve as the North Texas Regional
Library System Assembly Representative and Nancy Eytcheson nominated
Carol Wollin to serve as the alternate. Richard Roxburgh seconded both
nominations. Nominations approved unanimously.
VII. DISCUSSION AND CONSIDERATION OF LIBRARY FEE STRUCTURE
Director Rodne reported that the City Council would be amending the City's
Fee Ordinance in September, and that recommended changes to the Library
Fee Structure would have to be submitted to the City Manager's Office by the
end of August. Rodne distributed the current Library Fee Schedule and
suggested a new fee for Interlibrary Loan materials not picked up for
discussion and consideration. Discussion ensued. Pat Jones made a motion
to recommend a fee of $2.00 per item and Karen Birkes seconded the
motion. Motion approved unanimously.
VIII. POLICY REVIEW AND DISCUSSION
A. Meeting Room Space Policy
Director Mary Rodne presented the Meeting Room Space Policy for review
and discussion. It was noted that the Library now had tables and chairs on
the upper level which would be available for groups to use and that the policy
needed to be updated to reflect this change. Discussion ensued. After a
review of the Meeting Room Space Policy, consensus of the Library Board
was that this was the only change needed at this time. Karen Birkes made a
motion to approve the policy with changes as discussed and Pat Jones
seconded the motion. Motion approved unanimously.
IX. LIBRARY LONG RANGE PLANNING PROCESS UPDATE
No report.
X. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT
Carol Wollin reported for President Susan Taylor. Wollin noted that the
Friends of the Library had held their Annual Meeting at the Library on June
28, 2005, at 7:00 p.m. and that new officers had been elected. They
included: President, Susan Taylor; Vice-President, Mary Alice Rippe;
Secretary, Kay Newton and Abby Sherck, Treasurer. She also noted that
Library Director Mary Rodne had given an overview of the Summer Reading
Program and upcoming fall events and that the Friends had approved the
purchase of a 3M Tattle-Tape Strip application system for the Library.
XI. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT
President Ginny Tigue reported that the Library Foundation was working on
the annual book-themed dinner, scheduled to be held in November, the
annual mailer and a display book to honor donors in the Library.
XII. SUGGESTED ITEMS FOR FUTURE MEETINGS
It was noted that the Study Room Policy would be reviewed in August.
XIII. CITIZEN COMMENTS
None
XIV. ADJOURN: A motion was made by Carol Wollin and seconded by Pat Jones
to adjourn the meeting. Motion approved. The meeting of the Colleyville
Public Library Board was adjourned at 7:40 p.m.
.~
l'exaS
PLANNING AND ZONING COMMISSION
MEETING MINUTES - July 25, 2005
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Thomas Dolan, Dave
Dudziak, Thomas Bartkowski, Luann Edwards, John
Blassingame, Denis Duffy and Jeff Byerly.
Barry LeBaron, Chris Fuller and Amy Shelley from
staff were present.
INVOCATION
The invocation was given by Commissioner Dudziak.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Edwards moved to approve the July 11, 2005 meeting minutes as
written. Commissioner Dudziak seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
REGULAR AGENDA ITEMS
1. Case P-OS-02S- Final plat for Braemar Addition on 15.662 acres out of the
B.B.B. and C.R.R. Survey, Abstract 211 and the A.T. Young Survey, Abstract
1756 located at 5000-5201 Fry Lane
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Bartkowski questioned staff if the Engineering department has
agreed to the drainage plans by the applicant? Barry LeBaron replied yes.
Commissioner Duffy questioned staff in regards to item 1 page 6 of the Development
Review Comments received from the applicant, how does "dully noted" satisfy the
submittal? Barry LeBaron replied the Engineering Department approved a waiver
because the lots are so large, and the amount of run off was negligible, they felt it
could be handled at the time building permits are issued by submitting a grading
plan. Commissioner Duffy questioned staff in regards to if the downstream
neighbors will not be affected by the drainage? Barry LeBaron replied what they
submitted information on, the adjacent property, the Rockrimmon development, they
have a drainage inlet and a storm drain that collects the run off even from this
Planning & Zoning Commission
Minutes - July 25, 2005
Page 1 of 6
property, and it was oversized so that it will be able to accommodate the water from
this development. With that, the Engineering Department was satisfied that they
would not have any problems.
Commissioner Duffy questioned staff in regards to the minutes from tonight's
meeting will satisfy any legal requirements that this Commission has reviewed the
drainage plans and are satisfied that the downstream neighbors will not be affected?
Barry LeBaron replied the Commission approves the plat and the code does provide
the Engineering Department to review those and to approve a waiver on the design.
Commissioner Duffy questioned City Attorney Matthew Boyle if what the
Commission approves will satisfy the requirements for the downstream drainage?
Attorney Boyle replied the staff has approved the compliance the applicant has
provided by the issuance of the waiver with respect to the ordinance for drainage
requirements.
Commissioner Duffy questioned staff in regards to paragraph 5 of the Development
Review Comments received from the applicant, the fees have been considered?
Barry LeBaron stated staff has notified the applicant of the impact fees that will be
due at the time of permit. He stated Chris Fuller sends the applicant a table referring
to the fees that the developer needs to consider because the fees could change
depending upon the size of the meter or line that is chosen. Therefore, the applicant
makes note that those items have been considered.
Commissioner Blassingame questioned staff in regards to issues brought to the
applicant's attention is it correct to state that the applicant was aware of certain
issues and since then those issues have been resolved. Barry LeBaron replied
correct, the development comment letter is separated in to two categories, those
items that need a response and those items that need to be provided for
informational purposes only for acknowledgement only.
Commissioner Duffy questioned staff about the last sentence of paragraph 3 of the
development review letter, the 30 foot section of Fry Lane shall remain a private
easement until such time in the future that the adjacent property develops and a
sufficient right of way becomes available. What is the city's ability to be able to
control that? Barry LeBaron replied our ability to control the adjacent property is
when the property plats. At that time they would be dedicating 20 feet of right of way
off of their property in order to ad to this 30 feet. Then at that time, those property
owners would have to give up the liability of those 30 feet for the city to have control.
Commissioner Duffy questioned staff in regards to Fry Lane not meeting city
specifications? Barry LeBaron replied correct. Commissioner Duffy stated when the
right of way is obtained on the adjacent property, which will pay to upgrade that
street to city spec? Barry LeBaron replied at the time that property is platted we
would have the opportunity to look to see if we could get that segment of the road
updated to meet city standards. However, the note on the plat puts the responsibility
for the maintenance of this roadway on the property owners.
Commissioner Duffy questioned staff in regards to the future, who would be
responsible for paying for the upgrading of that street to city standards? Barry
Planning & Zoning Commission
Minutes - July 25, 2005
Page 2of6
LeBaron replied the city would have to decide at that time whether or not they would
want that street. The city council has already made a decision on accepting the
street with the current upgrades.
Commissioner Bartkowski questioned staff in regards to if the city is charging this
developer Roadway Impact Fees? Barry LeBaron replied no we are not, when the
city council agreed to the improvements that were made to Fry Lane that satisfied
the roadway improvement requirements for this development. Under the impact
fees, you can not have those property owners improve the street and then turn
around and charge them Roadway Impact Fees.
Commission Dudziak questioned staff if the property owners have to maintain Fry
Lane to a certain level and does the City have a responsibility to make sure that they
maintain that street? Barry LeBaron replied there being no minimum maintenance
standards on this street.
Commissioner Duffy questioned staff in regards to what if the street becomes
impassable and would restrict fire and emergency access? Barry LeBaron replied
an assessment would have to be made at that time.
Commissioner Byerly stated the copy of the resolution is in the packet that the
property owners are to follow.
Commissioner Bartkowski made motion to approve case P-05-025. Commissioner
Byerly seconded.
The motion was approved by the following vote:
Aye: Dolan, Bartkowski, Edwards, Blassingame, and Byerly
Nay: Dudziak, Duffy
PUBLIC HEARING AGENDA ITEMS
2. Case Z-OS-023 - PUBLIC HEARING - Request for a Special Use Permit for
alcoholic beverage sales on Lot 3, Block 3, Village Park Addition, located at 4913
Colleyville Boulevard
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Edwards questioned staff if the city could make the adjacent property,
the Sonic, provide a common access? Chris Fuller replied that being a condition for
platting and not for zoning.
Commissioner Byerly opened the public hearing at 7:25 p.m.
Von Husbands, the applicant, presented the case and briefed the Commissioners.
Commissioner Duffy questioned Mr. Husbands in regards to having concerns with
access and parking. Have you discussed with the adjacent property, Sonic, in
regards to access to use their parking? Mr. Husbands replied not having
approached the property owner for the Sonic property. As far as Highway 26, he
stated having heard the State is going to lower Highway 26 in front of this property.
Commissioner Dolan questioned Mr. Husbands in regards to how many parking
Planning & Zoning Commission
Minutes - July 25, 2005
Page 3 of 6
spaces do you propose to have? Mr. Husbands stated 20. Commissioner Dolan
questioned how many spaces in front? Mr. Husbands replied 14.
There being no one wishing to speak, the public hearing was closed at 7:29 p.m.
Commissioner Byerly questioned staff in regards to how many parking spaces are
required and do they meet those requirements? Chris Fuller responded 1 space per
3 seats or 1 space per 100 square feet which ever is greater. Barry LeBaron stated
the applicant has worked with Eddie Edwards, Building Official, in regards to the
limiting the seating to be able to be compliant with the parking space standards.
Commissioner Edwards questioned if staff has heard anything in regards to the
empty Sonic property? Barry LeBaron replied no.
Commissioner Bartkowski stated a successful business in this location may spur
more development for the empty adjacent properties.
Commissioner Duffy made motion to approve case Z-05-023. Commissioner
Dolan seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
TABLED AGENDA ITEMS
3. Case Z-05-021 - TABLED ITEM - Zoning change from AG to R30 on .815
acres, located at 2212 Glade Road
Commissioner Duffy made motion remove tabled item case Z-05-021.
Commissioner Byerly seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
Commissioner Duffy questioned Chairman Byerly if staff is satisfied with the
applicant changing his original request from R20 to R30? Chris Fuller replied staff
received a letter from the applicant conceding to the change.
Commissioner Duffy made motion to approve case Z-05-021. Commissioner
Blassingame seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
STAFF REPORTS
None
Planning & Zoning Commission
Minutes - July 25, 2005
Page 4 of 6
COMMISSIONER COMMENTS
Commissioner Duffy thanked staff for the video clips in the briefings.
ADJOURNMENT
The Commission adjourned the meeting at 7:35 p.m. by acclamation.
Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: August 8, 2005
Planning & Zoning Commission
Minutes - July 25, 2005
Page 5 of 6
RESOLUTION R-05-2585
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
AUGUST 16, 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
David Kelly
Mayor
CITY COUNCIL
City or
CCen0 AGENDA BRIEFING
IL~X<l::>
MEETING DATE: i 08/16/05
ITEM # : 4e
RESOLUTION # : R-05-2580
CITY MANAGER !
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: None
DEPARTMENT: PARKS AND RECREATION
SUBJECT: Approval of a Waiver for the Colleyville Girl's
Softball Association (CGSA) for use of the
Colleyville City Park game fields - by Consent
Reading and Public Hearing
The Colleyville Girl's Softball Association (CGSA) submitted a request for the use of the
City Park softball game fields 1, 2 and 3 for the period of September 3 through
November 19, 2005, on Monday through Friday from 5:00 p.m. until 10:00 p.m. and on
Saturday from 8:00 a.m. until 1 0:00 p.m. for recreational team practice.
Field maintenance for practices include dragging the infield, repairing batters boxes,
repairing pitching area, cleaning dugouts, trash removal, restroom cleaning, field
openings and closing, turning lights on and off and watering of infields. The preparation
of the fields requires the use of clay, drying agent, top dressing, trash bags, toilet paper,
paper towels, fuel for equipment, utility cost and field lights. The total estimated
maintenance and personnel cost for September 3 through November 19, 2005 is $7,315
for 55 days of practice based on games being played on Saturdays.
The maintenance and personnel cost for practice during Spring 2005 was $4,522 for 34
days of practice. This cost is related to the items mentioned previously for staff and
materials. The Colleyville Girl's Softball Association (CGSA) utilized the fields 69% of
the time from their original request: 15% was not used due to inclement weather and
16% was not used due to teams not showing up for scheduled practices. During the
Spring 2005 season, the softball fields showed wear and tear due to increased
practices. The areas impacted were the pitching areas, base areas and infield.
In November 2002, the City Council approved funding for the Grapevine-Colleyville
Independent School District (GCISD) facility improvements. Construction was
completed in May 2003 on two baseball and softball areas. The improvements to these
areas were a combined effort with Colleyville Baseball Association (CBA), Colleyville
Girl's Softball Association (CGSA), GCISD and the City to provide improved areas for
practices.
CGSA has the opportunity to utilize five practice areas at GCISD facilities during Fall
2005.
Agenda Briefing
Resolution R-05-2580
Page 2 of 2
Financial Impact
The total estimated maintenance and personnel cost for the use of the game fields is
$7,315. Although the funding source for this waiver request is in the Parks Maintenance
budget these expenditures exceed the FY2005 budget by $2,757.
Attachments
· Colleyville Girl's Softball Association Request, dated July 26, 2005
~o..eyvllle Glrl~. ~ball Assoc'aflo"
Colleyville, Texas 76034
2005-July-26
Ms. Monica Walsh
Manager, Colleyville Parks and Recreation
5109 Bransford
Colleyville Tx, 76034
Dear Monica,
Colleyville Girls Softball Association requests that a resolution be placed before City
Council at the next meeting requesting a waiver of use ofColleyville City Park softball
game fields 1, 2 and 3.
This waiver would be for Colleyville Girls Softball Association use of the game fields at
City Park for our scheduled practices. Practices would start September 3, Saturday and
continue through the season until November 19, Saturday.
We request use of such fields from 5:00 p.m. until 10:00 p.m Monday through Friday and
8:00 am to 10:00 pm on Saturday during this timeframe.
Thank you for your assistance in this matter.
Please let me know if any additional information is required to present this waiver request
to the council.
Mark Bauer
President
Colleyville Girls Softball Association
(817)939-5671
mbauer@coltsoft.com