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HomeMy WebLinkAboutCity Council-Agenda Packets-8/5/2008.,:.~" -'`!'~{. ,,., City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 5, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of possible amendments to Chapter 3.1, Oil and Gas Well Drilling and Production of the Land Development Code PC-2 Discussion of the IESI proposed rate adjustments PC-3 Discussion of an amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-08-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 PC-4 Discussion of City Manager Search Process PC-5 Discussion of the August 5, 2008 City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property City of Colleyville Page 1 Printed on 8/1/2008 City Council Agenda August 5, 2008 Sec. 551.074 - Personnel -Deliberate the appointment, employment and duties of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER. AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2993 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation In recognition of the City of Colleyville Building Inspection department achieving an Insurance Services Office 2 Rating -Bill Elliott, Building Official; Sammie Bolling and Joycienne Williams, Permit Clerks; Gary Jenkins and Bill LeGrande, Building Inspectors and Ky Roby, Code Enforcement Officer 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2994 4a Approval of the minutes of the regular City Council meeting of July 15, 2008 4b Approval of the 2009 Annual Work Plan 4c Approval of a preliminary plat for Somerset Manor Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case P-08-024 4d Approval of bid award for health insurance to United Healthcare 4e Approval and adoption of the 2008 certified tax roll City of Colleyville Page 2 Printed on 8/1/2008 City Council Agenda August 5, 2008 5. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 6. REPORTS: Parks and Recreation Advisory Board Minutes -May 5, 2008 Planning and Zoning Commission Minutes -June 9, 2008 Colleyville Trails and Sidewalks Committee Minutes -June 10, 2008 Senior Center Advisory Committee Minutes -June 19, 2008 7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 5, 2008 - Reading and Public Hearing -Resolution R-08-2995 8. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 1, 2008, by 5:00 .m. Cynthia Singleton, TRMC, CMC 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. Cify of Colleyville Page 3 Printed on 8/1/2008 { ~ ~ ° ~~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Community Development Department Agenda Date: 08/05/2008 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of possible amendments to Chapter 3.1, Oil and Gas Well Drilling and Production of the Land Development Code Attachments: Summary of Recommendations Received from Gas Well Companies Metroplex City Comparison Chart of Gas Well Regulations Proposed Changes to Chapter 3.1 -Gas and Oil Well Drilling and Production History of Legislative File Version: Date: Acting Body: Action Text: 08/05/2008 City Council Title Discussion of possible amendments to Chapter 3.1, Oil and Gas Well Drilling and Production of the Land Development Code Explanation As a continuing effort to prepare for the impending submittal of a gas well application, staff has taken steps to improve the language and requirements provided in Chapter 3.1 -Oil and Gas Well Drilling and Production in the Land Development Code. This item is presented as an opportunity for the City Council to consider staff recommendations and give further direction regarding any other proposed changes. Based on discussions during the worksession with the Planning and Zoning Commission and several members of the City Council regarding the oil and gas well regulatory process held on May 27, 2008, staff identified several possible areas of enhancement to Chapter 3.1. Guidance and information received from several area cities were included in the recommendations to Chapter 3.1. Staff also consulted three gas well companies that are currently active in the D/FW region: XTO, Chesapeake and Harding. Each company was asked to review the current regulations in Chapter 3.1 and provide suggestions. Attached are the responses received from the companies. The result of this combined effort has led to the recommended changes to Chapter 3.1 that are to be discussed with Council. Staff has identified three significant areas of modification within this chapter: City of Colleyville Page 1 Printed on 8/1/2008 A~crenda Briefing Confinued • The first area references the use of pits during gas well activities. Staff recommends that pits only be allowed for use as a fresh water holding pond. All other liquids would be required to be contained in holding tanks and removed from the City on a periodic basis. Therefore all pits, except for fresh water pits, have been removed from Chapter 3.1. Staff has also added a provision that fresh water pits must be removed upon the abandonment of any well. • With regard to noise, staff recommends the following change: maximum noise levels for any engine, compressor or motor driven machinery be reduced from the current requirement of 65 decibels to 55 decibels when measured from 300 feet away. This matches other area city requirements for motor driven pumps and compressors and, given the recent concerns in Fort Worth that noise restrictions on motor driven pumps and compressors were not restrictive enough due to numerous neighborhood noise complaints, this recommended change seeks to avert any similar concerns in Colleyville. Staff recommends that the other current noise restrictions found in Chapter 3.1 for fracturing, 85 decibels at 300 feet, and other drilling operations, 65 decibels at 300 feet, remain at their current levels. • The third change proposed by staff regards damage to City streets as a result of gas well production. Chapter 3.1 currently allows the Public Works Director to enter into a road repair agreement with the applicant to pay for any road damage caused as a result of drilling activity. Staff proposes that, in addition to the road repair agreement provision, the City have the option of requiring a road remediation fee to be paid prior to gas well drilling operations. The difference between the road repair agreement and the remediation fee is that the remediation fee would require payment prior to drilling operations, while a road repair agreement would generally require payment upon completion of drilling operations. The Public Works Director would determine the fee in a manner that is similar to the existing perimeter street fees charged for new development. The remaining changes proposed by staff involve removing minor discrepancies, redundancies and grammatical errors. As stated above, a summary of the recommendations received by the gas well companies is attached as well as a table summarizing the general gas well regulations of other area cities. Based upon discussion of these proposed changes and any changes recommended by City Council, staff will present a draft ordinance to City Council, reflecting the proposed amendments at a future meeting. City of Colleyville Page 2 Printed on 8/1/2008 Summary of recommendations received from gas well companies regarding Chapter 3.1 of the Land Development Code: Harding Company • Reduce the 1,000 setback from structures. Chapter 3.1 currently requires wells to be set back a minimum of 1,000 feet from any building or residence used for human occupancy. Chesapeake Energy Corporation • Reduce the 1,000 setback from structures. Chesapeake recommends that setbacks from any building should be 300-600 feet. Chapter 3.1 currently requires wells to be set back a minimum of 1,000 feet from any building or residence used for human occupancy. XTO Energy • Allow flowback operations, occurring during the fracturing stage (when sand and water are pumped into the bore hole to stimulate and fracture the shale, thus releasing the captured gas to the sun`ace), to occur 24 hours a day fora 3-5 day period of time. Chapter 3.1 currently limits this operation to daylight hours. • Allow a sign, notifying the public of commencement of the fracturing process, to be posted at the gas well site 72 hours prior to said operations. Chapter 3.1 currently requires the gas well operator to provide written notice to all property owners within 1,000 feet of the well site 72 hours before commencement of the fracturing process. • Amend allowed site development work hours. Chapter 3.1 currently allows site development to occur between 7:00 AM and 7:00 PM on Monday through Friday and 9:00 AM to 6:00 PM on Saturday. • Remove the requirement to anchor all tanks and vessels. Chapter 3.1 currently requires this precaution for stability purposes. • Reduce the setback from fresh water wells. Chapter 3.1 currently requires wells to be set back at least 300 feet from any fresh water well. • Reduce the setbacks from right-of-way, public buildings, and residences. XTO recommends that setbacks from any building should be 500-600 feet. Chapter 3.1 currently requires a 1,000-foot setback from any building or residence used for human occupancy and a 500-foot setback from right- of-way. • Amend the road repair agreement so that the City, and not the well operator, is not responsible for conducting road repairs. Chapter 3.1 currently requires the operator to participate and oversee these repairs. • Reduce the amount of days required to give notice prior to re-working a well, fracture stimulating a well, or seismic exploration using explosive charges. XTO recommends 24-48 hours prior notice. Chapter 3.1 currently requires notice to be given to the City 10 days prior. 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N E m U C v O ~ a~ ~ T y N d ~~ 7 V O t6 7 y O ~ C <v y O d ~ 7 v- O O Y O C w N - 4. LL ~ ~ V ~' V (O +~ C d O V d d O ~ y J O V O iy O Q fC .`. C a fE ? N w C LJ1 ~ ~~ C C C ~ a N U a +' ~ V a ~ C ~ O N O~ N p w _ y •_ •~ N d IA O` ^ L_.. d ^ w O ^ L Z C 4. C ~' O O O N M ti a N [0 a d N O N N (6 d Land Development Code ~it~-ef Citv of Colleyville. Texas Chapter 3.1 Oil and Gas Weil Drilling and Production ~S~}j08/JOC/081 Section 3.1 -1a{i Purpose Qf This `° " pier ~~ ' ~~ ~`~ The purpose of this Chapter is to establish regulations which describe the process for the review and approval of oil and gas well drilling and production, but more specifically to: 1. establish reasonable and uniform limitations, safeguards, and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting, and storing of oil and gas and other substances produced in association with oil and gas within the corporate City of Colleyville limits; 2. provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; 3. encourage appropriate protection to environmentally sensitive areas; 4. establish procedures for the review and approval of gas well site plans. • i • s ~s?` rse r • s The regulations contained in this Chapter have been adopted under the authority of the following: 1. Chapters 211, 212 and 401 -Texas Local Government Code, which authorizes a municipality to adopt rules governing zoning, site plans and subdivisions of land within the municipality's jurisdiction. 2. The Home Rule Charter of the Si#~-ef City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request to the City Council. Section 3.1 -11 U Defilni#ions ~. ~ ~'.ra ~. ~ ~ ~ x ~~~~~~; Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development Code. 1. General SUP Requirement - In all zoning districts, it shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter engage in the drilling or production of an oil or gas well without first obtaining a Special Use Permit in accordance with the requirements of this Chapter. No application for an oil or gas well development site plan or oil or gas well permit or any other application for drilling and production shall be approved until a SUP has been approved. Denial of a SUP for oil or gas well drilling and production shall be grounds for denial of any other permit applications pertaining to such use for the same land. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 1 Land Development Code ~itv-ef City of Collevville, Texas 2. Review and Approval Procedures -Every application for a SUP for gas or oil well drilling shall be reviewed and considered using the same procedures for reviewing and considering a rezoning application as specified in Chapter 1 -General Provisions of this Land Development Code regarding legal advertisement, property owner notification and public hearings. II • •. . ~ •. . 'e '• No drilling or production of an oil or gas well shall begin until the following have been approved: 1. An oil or gas well development site plan that has been approved by the Chairman of the Development Review Committee (DRC) is on file with the City that conforms to the requirements of the Land Development Code. 2. An oil or gas well permit has been issued by the Fire Marshal in accordance with the requirements of the Land Development Code. 3. An oil or gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new well permit in accordance with the provisions of this section if the operator is re-entering and drilling an abandoned well. 4. No oil or gas well permit shall be issued for any well to be drilled on City of Colleyville owned property without the prior consent of City Council. • « . . The following shall be applicable to all gas well site plan and permit applications: A. It shall be the policy of the City of Colleyville to consider oil and gas well drilling and production as subject to the control of the City pursuant to the City of Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land site planned for oil or gas well drilling and production in violation of this Chapter. C. All oil and gas well site plans shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, if the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of an oil or gas well site plan. F. An oil or gas well permit shall not be required for exploration for oil or gas. Exploration of oil or gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. M ~ A • i • ! t i ! • • The Community Development Department shall forward all applications for SUPs to the DRC for review. The DRC shall review each application and shall make recommendations regarding the applications to the Planning and Zoning Commission and City Council. The DRC may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in Chapter 3.1. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 2 Land Development Code ~itv-ef City of Colleyville, Texas The applicant requesting gas well drilling and production approval shall submit the required number of copies of a site plan drawing as determined by the Administrative Official and which complies with this Section. A. Identify truck routes to the well site, including: 1. Tabularized summary of non-TXDOT roads that will be used, and; 2. Lengths of each road that will be used to access the site. B. Identify location and dimension of existing or proposed driveway(s) to be used. C. Identify the 100-year flood plain. D. Identify the proposed source of water. E. Identify and show the proposed method of erosion control. F. Identify the location of proposed lease lines and property lines. 1. Label distance between wells and property lines; 2. Label distance between wellheads and structures within 1,000 feet of wellheads. 3. Label distance between temporary holding ponds and pits and floodplains. G. Show location of all proposed underground pipelines. As built drawings shall be filed with the Engineering Department. All pipelines proposed in the public right-of-way shall require aRight-of-way Use Agreement. H. Identify if pipelines connect with a Gas Distribution System. General Requirements: 1. Property Owner/Mineral Lessee /Mineral Owner /Gas Well Operator -The names and addresses of the current owner of record, mineral lessee, minerals owner and gas well operator. 2. Surveyor Name -The name, address and telephone number of the surveyor responsible for the site plan which shall contain the seal of a Texas Registered Professional Land Surveyor. 3. Gas Well Name -Title block containing the proposed name of the gas well(s), acres in lease, survey, and jurisdiction. 4. Location Map - A location map showing the tract by reference to streets or highways. 5. Date -The date the site plan was prepared. 6. Scale & North Arrow -The site plan shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for ~er~ pas well site plan review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. 7. 9evelepment Boundary Lines -The develept property boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for site planting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. 8. Metes and Bounds Description - A written metes and bounds description of the property containing the well site shall be shown on the site plan and be capable of reproducing such lines upon the ground with a closure error of less than 1:25,000. The legal description shall include reference to an original survey or subdivision corner, and the Texas NAD83 State Plane Coordinate System. The legal description shall include the acreage of the total area of the tract or property in which the lease area is located and I~'Elal-dessfipt+er~ shall contain information to show the last instrument conveying title to eas# said Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 3 Land Development Code ~itv-ef City of Collevville. Texas parcel ,giving grantor, grantee, date, and land records reference. 9. Adjacent Properties -All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files. 10. Street Rights-of--Way -The width of all public street rights-of-way within the immediate vicinity of the proposed well site shall be shown on.the site plan. The general location and width shall be consistent with the Master Thoroughfare Plan. 11. Permanent Structures -The location and general outline of any existing permanent structures, parking lots, driveways, and other significant structures. 12. City Limit Lines -The location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the site plan. 13. Easements -The location and dimension of all existing or proposed easements shall be shown on the site plan drawing indicating whether such easement is for any specific purpose. 14. Sheet Size -Map sheets shall be twenty-four by thirty-six (24"x 36") inches. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. 15. Site plan Notes and Conditions -When appropriate, the site plan shall contain a listing of any site plan notes and site plan conditions in a readily identifiable location with each note numbered consecutively. 16. Street Names -All street names shall be shown on the site plan. "r:~ :~ ctr°°! ^c:„°c c.".c!! h° TV,n nfin ~4inn of ~n °vic#inn e•fr°°# e•h~ll ti° r 4h° cr~mc n~mc_ 17. bet Lease Areas -The lease area #er-sash-let designated for drilling activities expressed in square feet shall be shown on the site plan. 18. Survey Notes -The Final Site plan shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the site plan. 19. Certification Blocks -All site plans shall contain the appropriate certification blocks which shall be similar to those shown. Section 3,1 -140 Violations °~ ~~~ ~ h~~ ~. Any person violating or failing to comply with any provision or requirement of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount provided in this chapter. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. A. On-site Requirements. 1. Entrance Gate: A secured entrance gate shall be required and signs identifying the entrance to the drill site or operations site shall be reflective. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 4 Land Development Code ~itv-ef City of Colleyville, Texas 2. Fencing: All drilling features including storage pits shall be fenced to prevent access ~~^'°°°'^ ~^~~~ . When not supervised, all fences shall remain locked. 3. Illegal Dumping: No person shall place, deposit, or discharge any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain, any body of water, or any private property within the corporate limits or ETJ of the Sit~e~City of Colleyville. 4. Fire Suppression: All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. r;ert~issiet~ ~5. Screening: All well heads, storage tanks, separation facilities or other mechanical equipment shall be screened with a 6-foot high solid screen fence, good side facing from the gas or oil well. ~.6. Closed-loop drilling fluid systems: Closed-loop drilling fluid systems shall be used instead of lined reserve pits, except in the case of temporary fresh water pits. All other fluids shall be accumulated in storage tanks and periodically transported out of the city limits. >~7. Discharge: No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine from any oil and/or gas operation, or the contents of any container used in connection with any oil and/or gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private property in the City of Colleyville. 9-:8. Drilling fluids: Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids. ~&9.Drilling fluid storage pits: No drilling fluid storage pits, other than open pits used to store fresh water, shall be located within the City of Colleyville. ~10.Dril1 stem testing: All open hole formation or drill stem testing shall be done during daylight hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate oil and/or gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. ~?11. Signs: a. A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the serissisa City Council, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following: i. Well name and number; ii. Name of operator; iii. The emergency 911 number; and iv. Telephone numbers of two persons responsible for the well who may be contacted 24 hours a day incase of an emergency. b. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire chief of the City of Colleyville. Sign lettering shall be four inches in height and shall be red on white background or white on a Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 5 Land Development Code -Sity-ef City of Collevville. Texas red background. Each sign shall include the emergency notification numbers of the fire services department and the operator, well and lease designations required by the Commission. B. Operations and Equipment Standards. 1. During fracing process: a. "flowback" operations to recover fluids used during fracture stimulation shall be performed during daylight hours; b. a watchperson shall be required at all times during such operations; and c. at no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank. 2. Nuisance prevention measures shall be implemented to prevent or control offensive odor, fumes, dust, noise, and vibration in accordance with the conditions set forth by the approved ordinance. 3. Directional lighting shall be provided for the safety of oil or gas well drilling and production operations and shall be provided so as to not disturb or adversely affect adjacent developments. 4. The operator shall, at all times, comply with the rules and regulations of the Texas Railroad Commission including but not limited to all applicable Field Rules. 5. Only electric motors will be used for the purpose of pumping oil or gas. Internal combustion engines may be used in drilling operations if they have mufflers that will reduce noise levels to not more than C5 55 decibels d( B(a)) at any point 300 feet from the boundary of the drill site or operation site, whichever is greater. 6. No venting of gas into the open air in residential areas except as allowed by the Texas Railroad Commission and as approved by the Fire Marshal. 7. Only Light Sand Fracture Technology or technologies approved by the Fire Marshal in accordance with the Fire Code shall be used to fracture stimulate a well. 8. Air, gas, and pneumatic drilling shall not be permitted. 9. Written notices must be provided, by the operator, to property owners within 1,000 feet of a well 72 hours prior to the commencement of fracture activities. 10. The operator shall place an identifying sign at each point where the flow line or gathering line crosses a public street or road. 11. Structures shall not be built or placed over flow lines or gathering lines. 12. Landscaping: Screening shrubs shall be installed completely around the well site and all fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs shall be planted once all eouipment has been set in place and the first well has been drilled and completed. Screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a maximum of five feet and, if necessary, must have an installed irrigation system that provides total water coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and in good condition at all times by the applicant or operator. All landscape and irrigation plans shall be submitted to the DRC for approval. 13. Vehicle routes for oil and gas well permits. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as arterials, collectors or local commercial as delineated in the City of Colleyville's thoroughfare plan. The vehicles shall be operated on state arterials whenever capable of being used. Such vehicles shall be operated only on City of Colleyville arterials, collectors and local commercial only when it is not possible to use a state arterial to fulfill the purpose for which such vehicle is then being operated. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 6 Land Development Code -6it~r-ef City of Colleyville. Texas 14. Work hours for oil and gas well permits: Site development, other than drilling, shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to between the above same work hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request a variance from the ~ City Council, pursuant to section 3.1-~18 106 of this article. 15. Noise restrictions for oil and gas well permits: No drilling, producing or other operations shall produce a sound level greater than 65 d6(a) when measured at a distance of 300 feet from the boundary of the drill site or operation site, whichever is greater. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four or more diametrically opposite positions, four feet above ground level, when measured at a distance of 300 feet from the production equipment. A maximum sound level of 85 d6(a) shall apply to formation fracturing when measured at a distance of 300 feet from the boundary of the drill site or operation site, whichever is greater. No person shall operate or permit to operate in connection with the operation of a producing well any engine, compressor, pump or motor-driven machinery of any type which creates a sound level greater than ~5 55 d6(a) when measured at a distance of 300 feet from the boundary of the drill site or operation site, whichever is greater. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four or more diametrically opposite positions measured at a distance of 300 feet from the boundary of the drill site or operation site, whichever is greater. 16. Installation of pipelines on, under or across public properfy: The operator shall apply to the S+ty-ef City of Colleyville for an agreement on, over, under, along or across the G+#~e€ City of Colleyville streets, sidewalks, alleys and other City of Colleyville property for the purpose of constructing, laying, maintaining, operating, repairing, replacing and removing pipelines so long as production or operations may be continued under any oil, gas, or combined well permit issued pursuant to this article. Operator shall: a. Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such rights-of-way. b. Furnish to the director of development of the City of Colleyville a site plan showing the location of such pipelines. c. Construct such lines out of pipe in accordance with the City of Colleyville codes and regulations properly cased and vented if under a street; d. Grade, level and restore such property to the same surface condition, as nearly as practicable, as existed when operations were first commenced. e. All required agreements pursuant to this division shall be completed, reviewed, and resolved by the City of Colleyville engineer, City of Colleyville attorney, City of Colleyville city manager, and, if required, by City Council, prior to the determination of any oil, gas, or combined permit as administratively complete. 17. Flow lines and gathering lines: a. Operator shall place an identifying sign at each point where a flow line or gathering line crosses public street or road. b. Operator shall place a warning sign for lines carrying H2S (hydrogen sulfide) gas as required by all applicable state or federal regulatory agencies. c. All flow lines and gathering lines within the corporate limits of the City of Colleyville (excluding City of Colleyville utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. d. Structures shall not be built over flow lines or gathering lines. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 7 Land Development Code ~itv-ef City of Colleyville. Texas 18. No oil, gas, or combined well permit shall be issued for any well to be drilled within any of the streets or alleys of the City of Colleyville, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the City of Colleyville engineer. Any consent from the oil and gas inspector shall be temporary in nature and state the number of hours and/or days that any street or alley may be blocked, encumbered or closed. C. Environmental Safety Standards. 1. Erosion control practices shall be conducted for all oil or gas wells. Compost berms that are at least 1-foot high and 2-feet wide, or equivalent erosion devices, shall be installed so that all portions of the well pad that may drain off-site are contained. 2. Damage resulting from sedimentation and / or erosion shall be repaired immediately. 3. Gas or oil wells may have a target location or bottom-well hole location that is under the floodway when the gas or oil well is drilled directionally from a location outside such areas. 4. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line. 5. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. 6. All storage tanks shall be anchored for stability. 7. All storage tanks containing Class I or Class II flammable or combustible liquids shall meet the requirements of Chapter 34 of the International Fire Code. "° °^~~~^^°~' ~•~~+" °;+"°r ^+°°' ^~ ^^^^.°+° . Secondary containment systems shall be approved by the Fire Marshal and be of a sufficient height to contain one and one-half (1 '/z) times the contents of the largest tank in accordance with the Fire Code. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank. 8. Outdoor storage areas shall be equipped with a secondary containment system designed to contain a spill from the largest individual vessel. If the area is open to rainfall, secondary containment shall be designed to include the volume of a 24-hour rainfall as determined by a 25-year storm and provisions shall be made to drain accumulations of ground water and rainfall. 9. Tank battery facilities shall be equipped with a lightning arrestor system. 10. No structures shall be built over an abandoned well. 11. No oil or gas well drill sites shall be allowed on slopes greater than ten (10) percent. 12. No salt-water disposal wells shall be located within the Sity-e~City of Colleyville. 13. For all areas within the City of Colleyville's corporate limits, in which the proposed well bore is within 775 feet of any type of surface water conveyance, including, but not limited to, creeks, streams, drainage ditches, or other constructed storm water conveyance systems, calculating distance in a straight line from the conveyance centerline, an approximate flood study shall be prepared by the applicant and approved by a City of Colleyville engineer. Upon completion of the approximate flood study, if the City of Colleyville engineer determines that the proposed well bore is within 100 feet of any type of surface water conveyance, or other flood hazard area, then a detailed flood study shall be prepared by the applicant and approved by the City of Colleyville engineer. 14. No oil or gas well permit will be issued for any well where the center of the well at the surface of the ground is located within 300 feet of an existing fresh water well intended for domestic use. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 8 Land Develoament Code ~it~ef Citv of Collevville, Texas 15. The contents of any pit shall always be maintained at least 2 feet below the top of the pit. 16. Fencing shall be installed to restrict access to open water reservoirs utilized in oil or gas well drilling operation at a drill site within the corporate limits of the City. 17. After the well has been completed, or plugged and abandoned, the operator shall clean and repair all damage to public property caused by such operations within thirty (30) days. 18. After any spill, leak or malfunction, the operator shall remove or cause to be removed all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations shall begin immediately. 19. The drill site shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material outside the drill site within a radius of one hundred (100) feet around any separators, tanks and producing wells within the leased property. 21-20.A copy of the hazardous materials management plan as required by the City of Colleyville's Fire Marshal's office. In addition to the hazardous materials management plan, all material safety data sheets (MSDSs) for all hazardous materials that will be located, stored, transported, and/or temporarily used on the drilling site shall be provided to the oil and gas inspector and Fire Marshal. ~-21.A copy of the emergency response plan as required by the City of Colleyville's Fire Marshal's office. ~3-22.A copy of the determination by the Texas Commission on Environmental Quality of the depth of useable quality ground water. D. Setback Distances. Wells setbacks for gas or oil well permits: a. It shall be unlawful to drill, redrill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located; or b. Within 1,000 feet from any public park; or c. Within 1,000 feet from any residence, religious institution, public building, hospital building or school for which a building permit has been issued on the date of the application for a drilling permit is filed with the Fire Marshal; or d. Within 1,000 feet from any building used, or designed and intended to be used, for human occupancy; or e. Within 500 feet from any existing storage tank, or source of potential ignition; or f Within 500 feet of any public street, road, highway, or right-of-way line, except in the case of railroad right-of-wav; or g. Within 100 feet of any building accessory to, but not necessary to the operation of the well; or h. Within 300 feet to any fresh water well; or i. The measurement of all distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the any object listed in a. through h. above. j. For purposes of this section, a "building used, or designed and intended to be used, for human occupancy" means an enclosed space, other than a residence, in which individuals congregate Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 9 Land Development Code ref City of Colleyville, Texas for amusement or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress, light, and ventilation facilities." 2. The distances set out in this may be reduced at the discretion of the City Council. 3. Tank batteries, well facilities and equipment shall be located at least 1,000 feet from any public park, or from any residence, religious institution, public building, hospital building or school, or any other building used, or designed and intended to be used, for human occupancy, for which a building permit has been issued on the date of the application for a drilling permit is filed. The distance shall be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building. The operator shall provide or cause to be provided the insurance described below for each well for which a Gas or Oil Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a "blanket basis for multiple wells". Such coverage shall be approved by the City Attorney for the S+ty-e~City of Colleyville. A. General Reouirements. Indemnification and Express Negligence Provisions. Each Gas Well Permit issued by the City shall include the following language: Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now have or may have, or assigns may have, or claim to have, against the City of Colleyville, and/or its departments, it agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas or oil well permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil or Gas Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the City of Colleyville, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of Colleyville, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under a Gas or Oil Well Permit and, the Operator agrees to indemnify and hold harmless the City of Colleyville, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the City and/or, its departments, it's officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the City of Colleyville occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas or oil wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF COLLEYVILLE OCCURRNG ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS OR OIL WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMINITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF COLLEYVILLE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYES FROM THE CONSEQUENCES OF THENEGLIGENCE OF THE CITY OF COLLEYVILLE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS OR OIL WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 10 Land Development Code ~itv-ef City of Collevville. Texas 2. All policies shall be endorsed to read "this policy will not be cancelled or non-renewed without 30 days advanced written notice to the owner and the City except when this policy is being cancelled for nonpayment of premium, in which case 10 days advance written notice is required". 3. Liability policies shall be written by carriers licensed to do business in Texas and with companies with A: VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. 4. Liability policies shall name as "Additional Insured" the City and its officials, agents, employees, and volunteers. 5. Certificates of insurance shall be presented to the City evidencing all coverage's and endorsements required by this Section, and the acceptance of a certificate without the required limits and/or coverage's shall not be deemed a waiver of these requirements. 6. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Chapter. B. Required Insurance Coverage's. 1. Commercial General Liability Insurance. Coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. This coverage shall include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractor's protective liability and personal injury. Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If Environmental Impairment (or Seepage and Pollution) Coverage is written on a "claims made" basis, the policy shall provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. 2. Automobile Liability Insurance. Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired vehicles. 3. Worker's Compensation Insurance. In addition to the minimum statutory requirements, coverage shall include Employer's Liability limits of at least $100,000 for each accident, $100,000 for each employee, and a $500,000 policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the City, its officials, agents, employees, and volunteers for any work performed for the City by the operator. 4. Excess (or Umbrella) Liability Insurance. A minimum limit of $10,000,000, covering in excess of the preceding insurance policies. 5. Control of Well Insurance: a. Minimum limit of $5,000,000 per occurrence. b. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling or Restoration expenses, Seepage and Pollution Damage. Damage to Property in the Operator's Care, Custody, and Control with asub-limit of $500,000 may be added. 6. Security: a. A security instrument that covers each well shall be delivered to the Fire Marshal before the issuance of the Gas or Oil Well Permit for the well. The instrument shall provide that it cannot be cancelled without at least thirty 30 days' prior written notice to the City and, if the instrument is a Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 11 Land Development Code -6it~r-ef City of Collevville, Texas performance bond, that the bond cannot be cancelled without at least ten 10 days' prior written notice for non-payment of premium. The instrument shall secure the obligations of the operator related to the well to: i. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by the Gas or Oil Well Permit; ii. Comply with the insurance and security provisions set forth in this Section; and iii. Pay fines and penalties imposed upon the operator by the City for any breach of the Gas or Oil Well Permit. b. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the City. The instrument shall run to the City for the benefit of the City, shall become effective on or before the date the Gas or Oil Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. c. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the City of Colleyville County, Texas, shall be approved by the City, shall be payable to the order of the City to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the Fire Marshal. Interest on the certificate shall be payable to the operator. d. The security instrument may be provided for individual wells or on a "blanket" basis for multiple wells. The amount of the security shall be a minimum of $50,000 for any single well and a minimum of $100,000 for multiple wells on a "blanket" basis. e. The security will terminate when the Gas or Oil Well Permit is transferred, with respect to the operator-transfer or and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the Fire Marshal consents in writing to such termination. An appeal of the determination of the amount of security required under this Chapter may be made to the Planning and Zoning Commission for recommendation to the City Council for final determination of the amount of security. The Director of Public Works may condition the release of the approved Gas or Oil Well Permit upon the operator providing the security required by Chapter 3.1 and upon operator entering into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to, bridges caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of anv activity authorized by the approved Gas. or Oil Well Permit. In lieu of a Road Repair Agreement. The Director of Public Works may require the gas well operator to pay a road remediation fee to be calculated by the Director of Public Works. A. The failure of the DRC or the Fire Marshal to review and issue a Gas or Oil Well Permit within 30 days shall not cause the application for the permit to be deemed approved. B. Each Gas or Oil Well Permit issued by the Fire Marshal shall: 1. Identify the name of each well and its operator; 2. Specify the date on which the Fire Marshal issued each permit; 3. Specify the date by which drilling shall commence on at least one well covered by the permit otherwise the permit expires (such date shall not be less than one year after the date of issuance); 4. Specify that if drilling is commenced on at least one well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site restored; 5. Incorporate, by reference, the insurance and security requirements set forth in Chapter 3.1; Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 12 Land Develoament Code ~iiv-ef City of Colleyville, Texas 6. Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable "field rules"; 7. Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by Chapter 3.1; 8. Contain the name, address, and phone number of the person designated to receive notices from the City, which person shall be a resident of Texas that can be served in person or by registered or certified mail; and 9. Incorporate by reference all permits and fees required. Section 3,1 -:157 Permit Fees ~: "k;' `~ `.;~. As a condition to the issuance of the gas or oil well drilling permit required by this Chapter of the Land Development Code, payment of the applicable permit fee shall be paid in full. Said permit fee shall be in accordance with the Schedule of Fees and Charges contained in Section 2.26 of the Colleyville Code of Ordinances. Section 3.1 ~ :158 inspections 'M'~~ ~ ~~ ~,~° A. Inspections shall be performed by the Fire Marshal and Building Inspection Department staff or by an independent inspection consultant, as determined by the City Manager. The costs for retaining an independent inspection service shall be in addition to the permit fee and shall be billed on a monthly basis to the holder of the oil and gas well drilling permit. If payment is not received by the City within forty-five (45) days from the billing date, the drilling permit shall be revoked. B. The Fire Marshal and Building Official are hereby authorized to establish written inspection procedures to enforce the provisions of the oil and gas well drilling regulations contained in this Chapter. A. The holder of an approved oil and gas well drilling permit may obtain water from the City of Colleyville through a temporary fire hydrant meter in accordance with the policies and procedures existing at the time the fire hydrant meter is obtained. B. When a water shortage has been declared, in accordance with the operating policies of the Colleyville Water and Sewer Manual, it shall be unlawful to use water from the Colleyville water system for oil and gas well drilling operations and production. C. The time of delivery of water for oil and gas well drilling operations and production shall be determined by the Director of Public Works. D. Unless otherwise approved as a provision of the Special Use Permit, no water well permit shall be approved for oil and gas well drilling. A. Requirement to report emergencies: 1. The operator shall immediately notify the oil and gas inspector and Fire Marshal of any incident resulting in product loss from a hydrocarbon storage facility or pipeline facility, blowout, fire, explosion, incident resulting in injury, death, or property damage, or any other significant incidents as defined by the City. 2. A written report, containing a brief summary of the incident, shall be submitted to the oil and gas inspector by 5:00 p.m. on the first business day of the City of Colleyville following the incident, and a duplicate report shall be submitted to the Fire Marshal by the same time. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 13 Land Develoament Code -Giiv-ef City of Collevville. Texas 3. A follow-up report shall be submitted to the oil and gas inspector and the Fire Marshal within 30 days following the incident. The operator responsible for the follow-up incident report shall include the following information: i. Operator/applicant name, phone number, addresses, and, if possible, a-mail address. ii. Description of the incident, including, but not limited to, the time, date, location, and cause of the event. iii. Duration of the incident, that is, when the it began and when it terminated to the degree that it no longer constituted a hazard to the health, safety, and well-being of persons or property, regardless of the distance or separation from the place of incident. iv. How the incident was brought under control and/or remedied. v. A full and complete description of the type of intercompany investigation or other investigation or inquiry that was made concerning the incident, the findings or results of such inquiry or investigation, and the action taken as a result of the findings and inquiry concerning the prevention of the existence of future hazards. vi. Signed and dated by the person responsible for such report. 4. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Texas Railroad Commission within 30 days after the operator has notice of the existence of such reports or complaints. This shall include, but not be limited to, notification of any reportable quantity releases of oil, natural gas, and/or associated minerals, chemicals, or solid and/or liquid wastes, pursuant to regulatory requirements established by the commission, and notification to the Fire Marshal of any fire, and/or equipment strikes by lightning. 5. Beginning on December 315`, after each well is completed, and continuing on each December 3151 thereafter until the operator notifies the oil and gas inspector that the well has been abandoned and the site restored, the operator shall submit a written report to the Fire Marshal identifying any changes to the information that was included in the application for the applicable permit that have not been previously reported to the City of Colleyville. .. ••. A. The operator shall notify the Fire Marshal of any changes to the following information immediately, within one business day after the change occurs. 1. The name, address, and phone number of the operator; 2. The name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities; 3. The name, address, and phone number of the person designated to receive notices from the City, which person shall a resident of Texas that can be served in person or by registered or certified mail; 4. The operator's Emergency Action Response Plan including "drive-to-maps" from public rights-of way to each drill site. B. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Texas Railroad Commission or any other state or federal agency within 30 days after the operator has notice of the existence of such reports or complaints. C. Beginning on December 315`, after each well is completed, and continuing on each December 315` thereafter until the operator notifies the Fire Marshal that the well has been abandoned and the site restored, the operator shall prepare a written report to the Fire Marshal identifying any changes to the information that was included in the application for the applicable Gas or Oil Well permit that have not been previously reported to the City. A. Any person who intends to re-work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the City at least 10 days before the activities begin. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 14 Land Development Code ~v-ef Citv of Colleyville. Texas B. Written notices must be provided, by the operator, to all residences within 1,000 feet of a well, 24 hours prior to fracing of a wellhead. C. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. D. The notice shall also provide the address and 24-hour phone number of the person conducting the activities. E. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities. f • A. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of a Gas or Oil Well Permit (including any requirement incorporated by reference as part of the permit), the Fire Marshal shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than 30 days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator's failure to provide periodic reports. The Fire Marshal may issue a Stop Work Order under the Fire Code. B. If the operator does not cure the alleged failure within the time specified by the Chapter 3.1, the City Attorney may notify the Texas Railroad Commission and request that the Texas Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the City may pursue any other remedy available . C. If the operator does not cure the alleged failure within the time specified by Chapter 3.1, the Fire Marshal may: 1. Recommend to the City Council that the Gas or Oil Well Permit be suspended until the alleged failure is cured; or, 2. If the operator fails to initiate and diligently pursue a cure recommend to the City Council that the Gas or Oil Well Permit be revoked. D. The decision of the Fire Marshal to recommend suspension or revocation of a Gas or Oil Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the City Council unless the alleged failure present a risk of imminent destruction of property or injury to persons E. If a Gas or Oil Well Permit is revoked, the operator may submit an application a new Gas or Oil Well Permit for the same well. i i ~ 0 i U t A. The Fire Marshal is authorized and directed to enforce this Chapter and the provisions of any Gas or Oil Well Permit. Whenever necessary to enforce any provision of this Chapter or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this Chapter or a Gas or Oil Well Permit, the Fire Marshal, or the designated representative, may enter upon any property covered by this Chapter or a Gas or Oil Well Permit at any reasonable time to inspect or perform any duty imposed by this Chapter. If entry is refused, the City shall have recourse to every remedy provided by law and equity to gain entry. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 15 Land Development Code ~ity-ef City of Colleyville, Texas B. It shall be unlawful and an offense for any person to do the following: 1. engage in any activity not permitted by the terms of a Gas or Oil Well Permit issued under this Chapter; 2. fail to comply with any conditions set forth in a Gas or Oil Well Permit issued under this Chapter; 3. violate any provision or requirement set forth under this Chapter. A. Whenever abandonment occurs pursuant to the requirements of the Texas Railroad Commission, the operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this article. B. Abandonment shall be approved by the Fire Marshal after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the Fire Marshal: 1. The derrick and all appurtenant equipment thereto shall be removed from drill site; 2. All tanks, towers, and other surface installations shall be removed from the drill site; 3. All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Texas Railroad Commission; 4. All holes and depressions shall be filled with clean, compactible soil; 5. All pits shall be drained and removed and the resulting area shall be graded, where necessary, with clean soil to match the surrounding landscape. ~-6.All waste, refuse or waste material shall be removed from the drill site; and 6-7. During abandonment, operator shall comply with all applicable sections in this article. C. The operator shall furnish the following at the discretion of the Fire Marshal: 1. A copy of the approval of the Texas Railroad Commission confirming compliance with all abandonment proceedings under the state law; and 2. A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated. D. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Texas Railroad Commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well. Section 3.1-18 ~, ~~men - o This~G~i~~ . Ord. Number Date Sub'ect 0-06-1569 04-04-2006 Ado lion of Cha ter 3.1 Oil and Gas Drillin Re ulations 0-06-1578 07-05-2006 Permit Fees, Ins ections and Water Usa e 0-08-XXXX 08-XX-2008 Language Amendments. Required Site Plan InformationStandards for Oil and Gas Well Drilling and Production, Gas or Oil Well Permit A royal Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 16 i _~, I `` ~ City of Colleyville 100 Main Street `~' Colleyville, Texas 76034 ~-~~~~ Agenda Briefing 817.503.1000 vvww.colleyvil le. com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Manager Agenda Date: 08/05/2008 Agenda No.: PC-2 File Name: Discussion of the IESI rate adjustments Controlling Body: City Council Final Action: Attachments: Correspondence from IESI TX Corporation Dated July 22, 2008.pdf Ordinance 0-07-1618.pdf Contract for Refuse Services for Residential, Recycling and Commercial Refuse Collection History of Legislative File Version: Date: Acting Body: Action Text: 08/05/2008 City Council Title Discussion of the IESI proposed rate adjustments Explanation On May 15, 2007, the City Council adopted Ordinance 0-07-1618, amending and replacing the franchise for the collection and disposal of garbage, trash and recycling materials. The ordinance granted the franchise to IESI Corporation for five years, the contract beginning September 1, 2007, terminating August 31, 2012, with an option to renew for an additional five year period, terminating August 31, 2017, subject to the limitations, terms and conditions of the contract. Per Section V, Fees and Rate (A) a. Modification of Billing Rate at Contractor's Request: Contractor shall maintain such rates as shown in Exhibit "A" until at least August 31, 2008. Annually thereafter, the rates shown in Exhibit "A" may be adjusted annually as provided herein in accordance with the Contract, subject to the contractor providing written notice as provided herein to the City at least ninety (90) calendar days in advance of the anniversary date, the intent to adjust rate. Except as otherwise specifically provided, said rate adjustments are subject to the approval of the City pursuant to Section V(a)1(c) and V. (a) 2. herein. On July 22, 2008, IESI presented a written rate increase proposal to the City Manager, consisting of two components: the Consumer Price Index (CPI) and the average fuel price change. IESI requests the rate adjustment to be accepted and implemented September 1, 2008. Per IESI's attached proposal, the annual adjustment for CPI (DFW less energy) is 2.79% and the fuel adjustment is a 3.62% increase for a total adjustment of 6.41 %. If accepted, the $.64 rate adjustment would increase the monthly residential refuse and recycling rate to $10.69, from $10.05. Staff has reviewed the rate adjustments for CPI and fuel and found City of Colleyville Page 1 Printed on 8/1/2008 Agenda Briefin_g Continued them to be in accordance with the contract. Staff also surveyed area cities regarding their current rates and anticipated rate adjustments. As seen below, the cities of Euless, Keller and Grapevine are anticipating increases between 3 and 10%, while the other cities negotiated their contracts earlier this year. All services are twice weekly refuse and once weekly recycle. Area Cities City Rate Bedford $ 8.25 Euless $ 7.97 Grapevine $ 10.45 Hurst $ 9.14 Keller $ 8.91 NRH $ 9.09 Southlake $ 10.25 Colleyville $ 10.05 Refuse/Recycling Rates Anticipated Rate Adjustments No anticipated increase Anticipates 3% every year for next five years Anticipates a 10% increase September 2008 No adjustment until May 2009 Negotiations later this year and expecting increase No anticipated increase Contract reviewed April 2008, no adjustment to residential until an 8% increase in October 2009 6.4% rate adjustment filed Staff advised IESI the ninety (90) day written notice was not met. IESI representatives will be in attendance at the Pre Council meeting to answer questions of the Council. Staff seeks Council direction following IESI's presentation. City of Colleyville Page 2 Printed on 8/1/2008 IESI TX Corporation July 22, 2008 Mr. Bill Lindley City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Garbage Collection Rates Dear Mr. Lindley: On behalf of IESI, we would like to present our 2008 rate increase request for your review. Our current contract has two components consisting of the Consumer Price Index and the average fuel price change. The annual adjustment for CPI (DFW less energy) is 2.79%. In May of 2007 the CPI index was 191.203 and rose to 197.333 in May 2008. This is an increase of 3.21% which multiplied by 87.00% (per contract) equals and annual adjustment rate of 2.79%. The second component is the average change in diesel published by the department of energy. Fuel prices have increased for the prior twelve months from an average of $2.55 per gallon in 2007 to an average price of $3.26 per gallon in May 2008. This is 27.88% change in the average fuel price and results in 3.62% increase in the fuel component. (27.88% multiplied by 13% = 3.62%) These components result in a 2008 rate increase request totaling 6.41%. The monthly residential rate will increase from $10.05 per month to $10.69 per month. In addition, all commercial and industrial rates will increase 6.41%. Attached are documents relating to our request. The rate increase is scheduled to be effective September 1s1, 2008 dependent on council approval. Please do not hesitate to call me if you have any questions or need information at 817-547-9001. We appreciate your business and strive to provide excellent trash and recycling service to Colleyville. Sincerely, Paul Hansen District Manager 4001 Old Denton Rd, Fort Worth, Texas 76117 (817) 547-9001 Solid Waste & Recycling Rate Increase CPI-U Component May, 2007 191.20 May, 2008 197.33 Increase 3.21 Multiplier 87.00% CPI-U Component 2.79% Fuel Component May, 2007 $2.55 May, 2008 $3.26 Increase 27.88% Multiplier 13.00% Fuel Component 3.62% Total Increase 6.41% Current Rate Per Home $10.05 Proposed Rate Per Home $10.69 Increase Per Home $0.64 ORDINANCE 0-07-1618 AN ORDINANCE APPROVING THE AMENDMENT AND REPLACEMENT OF THE FRANCHISE FOR THE COLLECTION AND DISPOSAL OF GARBAGE, TRASH AND RECYCLING MATERIALS WITHIN THE CITY OF COLLEYVILLE; ESTABLISHING REVISED TERMS, CONDITIONS AND TERMS OF SAID FRANCHISE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville ("City") approved a franchise with IESI Corporation ("Contractor") for the collection and disposal of garbage, trash and recycling materials within the City via Ordinance 0-02-1350 (the "Franchise"); and WHEREAS, the Franchise provides that it may be amended by the mutual agreement of the parties; and WHEREAS, the City and Contractor have agreed to amend the Franchise in its entirety and replace it with the Contract for Refuse Services for Residential Recycling and Commercial Refuse Collection attached hereto as Exhibit "A" (the "Contract"); and WHEREAS, upon approval, execution and effective date of the Contract, the Franchise will become null and void; and WHEREAS, the City Council deems it in the best interest of the City to amend the Franchise upon the terms and conditions contained in the Contract; and EREAS, the City of Colleyville is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance; and EREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and REAS, the purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Colleyville. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .EYVILLE, TEXAS: All matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. 2. THAT the Contractor is hereby granted a Franchise for the collection and Ordinance 0-07-1618 Page 2 of 2 disposal of garbage, trash and recycling materials within the City pursuant to the terms of the Contract. The City Manager is authorized to execute the Contract on behalf of the City. Sec. 3. THAT the effective date of the Contract shall be September 1, 2007. Sec. 4. THAT the City Council shall consider any proposed rate adjustments for residential and commercial garbage service pursuant to the Contract and act on same via Resolution. Sec. 5. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /`s'~ day of 2007. The sec nd reading and public hearing 2007. being conducted on the /~`"~ day of ATTEST: ynthia Singleton, TRMC, C City Secretary APPROVED AS TO FORM AND LEGALITY: ~~ ~~1 ~~~ Matthew C.G. Boyle City Attorney CITY OF COLLEYVILLE '~ David Kelly Mayor CONTRACT FOR REFUSE SERVICES FOR RESIDENTIAL, RECYCLING AND COMMERCIAL REFUSE COLLECTION The CITY OF COLLEYVILLE, a municipal corporation located in Tarrant County, Texas, hereafter called "City", acting by and through its duly authorized City Manager, and IESI TX Corporation, acting by and through its duly authorized officer, hereinafter called "Contractor", do hereby covenant and agree as follows: Section Exclusive Contract City hereby grants to Contractor an exclusive contract and franchise, hereinafter referred to as "the Contract", to engage in the business of collecting and disposing of all garbage, brush, debris, construction and demolition waste, bulky items, bundled, bagged, or boxed bundled items, refuse and recyclable materials within the corporate limits of the City which is generated by residential, commercial and City properties. City also hereby grants to Contractor a license to use the public streets, alleys, easements and thoroughfares within the limits of the City for the purpose of collection and disposal of garbage, brush, bulky items, bundled, bagged, or boxed bundled items, and other refuse for a period of five years beginning September 1, 2007, and terminating August 31, 2012, with an option to renew for an additional five year period terminating August 31, 2017, subject to the limitations, terms, and conditions hereinafter specified and contained in the Contract. Section II Components of Contract In addition to this document, the contract documents shall include the following documents and this contract does hereby expressly incorporate the following exhibits as fully as if set forth verbatim in this contract: ^ Service Contract • Rate Sheet • Miscellaneous Rate Sheet • Performance Bond ^ Survey Question Contractor shall comply with all provisions of the contract documents and no amendment to this Contract shall be made except upon the prior written consent of the parties. No amendment shall be construed to release either party from any obligation of the contract documents except as specifically provided in such amendment. Page 1 This Contract is entered into subject to the following conditions: (A) The Contractor shall procure and keep in full force and effect throughout the term of this contract all of the insurance policies specified in, and required by, the contract documents. (B} The Contractor shall not be liable for the failure to perform, in whole or in part, the Contractor's duties if such failure is caused by catastrophe, riot, war, governmental order or regulation, fire, accident, or other act of God; specifically excluding however, labor or work related disputes, strikes, slowdowns, stoppages, etc. (C) In the event that any provision or portion of any contract document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws and not affect the applicability of remaining portions of the Contract. Section III. Definitions Wherever used herein, the following listed terms shall have the following meanings: (A} Anniversary Date: September 1, 2007. (B) Acceptable Brush: Tree trimmings that are bundled in lengths no more than four feet (4') in length and no more than fifty (50) pounds in weight. In the alternative of being bundled, materials may be placed in a disposable container. (C) Acceptable Waste: Any and all waste that is solid waste, refuse, or residential garbage including acceptable brush, garbage, yard waste, and trash, as solid waste is defined under the laws of the United States and/or the State of Texas and/or the regulations promulgated hereunder, and that is acceptable for disposal in a landfill permitted by the state. (D) Contract: The contractual Contract made and entered into by the City and a Contractor for the collection, transportation, and/or disposal of solid waste, and/or the collection, transportation, and/or processing of recyclable materials. (E) Backdoor Service: All handicapped or disabled customers who have provided verification to the City Manager, or his designee, from a physician as to their inability to carry containers to the curbside may place Page 2 containers at their front doorstep to be visible from the street or at another location of equal convenience to customer as may be determined by the City Manager, or his designee. Contractor cannot enter or be responsible for entering garages or behind enclosed fences. (F) Bin (Residential Recycling): Unless otherwise agreed to by City, an eighteen gallon bin with lid will be provided by Contractor to the residence consistent with current bins used by City for residential recycling. At the option of customer, Company shall provide a second bin at no cost. The City reserves the right to modify the recycling collection and bin size at a later date either, at the City's discretion, up to a ninety-six (96) gallon bin with wheels and lid to be provided by Contractor to the residence to be used for residential recycling. Residents who are aged sixty-five (65) and older, may in the alternative at their choice, be provided up to two (2) eighteen (18) gallon bin(s) with lid. (G) Bulky Waste: Stoves, refrigerators (with verification that CFC components have been removed by a certified technician), water tanks, hot water heaters, washing/drying machines, furniture, fencing materials, and other waste materials, but does not include residential construction debris, unbundled brush, dead animals, or hazardous waste. For purposes of this definition, residential fencing is defined as individual pieces or sections that exceed two feet by four feet and weigh more than fifty (50) lbs. (H) Bundle: Any limbs, branches, construction materials and other items, which cannot be placed into disposable containers but have been cut so as to not exceed four feet in length and the bundle not exceeding fifty (50) pounds with limbs not individually exceeding six (6) inches in diameter. (I) City: The City of Colleyville. (J) Commercial Refuse: All bulky waste, construction and demolition waste, garbage, rubbish, and stable matter generated by a customer at a commercial premise. (K) Commercial Premise: All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the City, not a residential premise. (t_) Commercial Hand Collection: A commercial premises that generates no more than one (1) cubic yard of refuse per week. (M} Residential Construction Debris: Waste building materials resulting from construction, remodeling, repair, or demolition operations, excluding minor home improvements made by the homeowner not performed by a private contractor and not to exceed four (4) cubic yards. Page 3 (N) Container, Commercial: Metal containers supplied by Contractor affording capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. (O) Container, Residential: Any closed, water proof, plastic or metal container or can with a capacity not exceeding thirty (30) gallons; constructed of plastic, metal, or fiberglass; and having handles of adequate strength for lifting which is capable of containing garbage or trash without leaking or emitting odors, and which weighs when loaded fifty (50) Ibs or less per container. The mouth of a container shall have a diameter greater than, or equal to, that of the base. Container may also be a plastic garbage bag or sack. (P) Contract Documents: Shall mean the inclusion of the Service Contract, Rate Sheet, Miscellaneous Rate Sheet and the Performance Bond. (Q} Contractor: IESI TX Corporation (R) Construction and Demolition Waste: Waste material resulting from construction or demolition activities or that is directly or indirectly the by-product of such activities, including, but ,not limited to, cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber and wood products in excess of four (4) cubic yards. Construction and demolition waste does not include hazardous waste, refuse or waste. (S) Customer: A residential user, commercial hand collection user, and/or commercial user who generates refuse. (T) Debris: All dirt, concrete, rocks, bricks or other waste building materials. (U} Disposal Site: See Landfill. (V) Garbage: All animal or vegetable matter and other non-hazardous substances from residences, grocery stores, retail establishments, restaurants, churches, and other homes and businesses that do not emit noxious odor. (W) Hazardous Waste: Solid wastes regulated as hazardous by federal or state law, as amended from time to time, concerning the regulation of hazardous or toxic wastes. Examples may include, but are not limited to, all fecal material, paint, batteries, pesticides/herbicides, oil sludge, and any radioactive, pathological, toxic, acidic, or volatile materials or other hazardous or improper waste, to include rubber, tires, oil, dirt or rock and steel shavings. Paae 4 (X) Landfill: A facility permitted by the State of Texas to receive refuse. (Y) Premises: All public and private establishments, including individual residences, all multi-family dwellings, residential care facilities, hospitals, schools, businesses, other buildings, and all vacant lots. (Z) Producer: An occupant of a residential premise or commercial premise who generates refuse. (AA) Recyclable Materials: Commodities collected by the Contractor pursuant to the Contract documents, which can be sold for processing and use or reuse including, but not limited to, newsprint, magazines, cardboard boxes, catalogs, paper products, plastic containers (#1 through #7 PET and HDPE), glass containers, aluminum cans, metal (tin) cans, and household paper products to include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books. (BB) Refuse: Residential and commercial bulky waste, residential construction debris, and stable matter generated at residential or commercial premises. (CC) Residential Garbage: All garbage, refuse, and rubbish generated by a customer at a residential premise. (DD) Residential Premise: A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. A residential premise shall be deemed occupied when water services are being supplied thereto. A condominium and/or town home dwelling, whether of single or multi-level construction shall be treated as a residential premise and may be billed separately as a residential premise on a case by case basis as determined by the City Manager. (EE) Roll-off Bin: Container provided to a Commercial Premise or Residential Premise by Contractor measuring 20 cubic yard, 30 yards or 40 cubic yards, intended for high-volume refuse or Construction and Demolition Waste generating Commercial Premise or Residential Premise, and capable of pickup and transport to a landfill by loading of container onto rear of transporting vehicle, but excluding a compactor. (FF) Rubbish: Non-putrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials; combustible rubbish includes paper rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and like materials which will not burn at ordinary incinerator temperatures (1600 degrees Fahrenheit to 1800 degrees Fahrenheit.) Page 5 (GG) Special Waste: Waste, from anon-residential source, meeting any of the following descriptions: (A) a containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.) (B} a waste transported in bulk tanker, (C) a liquid waste, (D) a sludge waste, (E) a waste from an industrial process, (F) a waste from a pollution control process, (G) residue and debris from the cleanup of a spi{I or release of a chemical. (HH) Solid Waste: All non-hazardous and non-special waste material, including unwanted or discarded waste material in a solid or semi-solid waste, including, but not limited to: garbage, ashes, refuse, rubbish, yard waste (including brush, leaves, tree trimmings, holiday ornamental trees, etc.), discarded appliances, and home furniture and furnishings, provided that such material must be of the type and consistency to be lawfully accepted at the Landfill under the applicable federal, state, and local laws; regulations; and permits governing each. (II) Stable Matter: All manure and other waste matter normally accumulated in or about a stable; or any animal, livestock, or poultry enclosure; and resulting from the keeping of animals, poultry, or livestock. (JJ} Unacceptable Waste: Any waste, the acceptance and handling of which by Contractor would cause a violation of any permit, condition, legal or regulatory requirement, substantial damage to Contractor's equipment or facilities, or present a danger to the health or safety of the public or Contractor's employees, including, but not limited to, Hazardous Waste, Special Waste (except as otherwise provided herein), untreated Medical Waste, Dead Animals weighing ten pounds (10 lbs.) or greater, solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements. (KK) Yard Waste: Grass clippings, tree trimmings, yard cleanings, brush, leaves, etc. Section IV Contract Services Contractor hereby covenants and agrees to diligently and faithfully perform the public service and work of collecting and disposing of all refuse of residential and commercial units to which it provides service, as provided herein, within the City. These services shall include the furnishing of all labor, tools, vehicles, equipment, materials, landfills, insurance, performance bonds, supervision and all other items necessary to the performance of such work and shall be carried Page 6 out in the manner, at the times, and in the locations and at the prices specified in the contract documents, and shall be subject to inspection and approval of the City Manager, or his designee. Section V Fees and Rates Contactor shall obtain information concerning the conditions at locations that may affect its performance of work. Contractor accepts that quantities of the number of residential, recycling and commercial units provided by City are strictly estimates. In evaluating and determining the base value of the Contract, Contractor is responsible to survey the City for use in preparing the proposal and as such, is encouraged to utilize its own or other estimates and to provide for growth or shrinkage factors. (A) Billing Rate: The rates to be charged by Contractor for refuse collection through September 1, 2008, will be those set forth in Exhibit "A", the Rate Sheet, as modified from time to time as set forth and incorporated herein for all purposes. These rates will be binding and considered part of the Contract and may be modified by Resolution as approved by the City. a. Modification of Billing Rate at Contractor's Request: Contractor shall maintain such rates as shown in Exhibit "A" until at least August 31, 2008. Annually thereafter, the rates shown in Exhibit "A" may be adjusted annually as provided herein in accordance with the Contract, subject to the contractor providing written notice as provided herein to the City at least ninety (90} calendar days in advance of the anniversary date, the intent to adjust rate. Except as otherwise specifically provided, said rate adjustments are subject to the approval of the City pursuant to Section V.(a)1(c) and V.(a)2. herein. 1. Qualifications for Billing Rate Adjustment: Billing rate adjustments for changes in the (i) Consumer Price Index for All Urban Consumers (CPI-U), for the Dallas-Fort Worth, Texas Area (as defined below) and (ii) Fuel Index (as defined below) will be considered by the City no more than once per year during the term of the Contract, during the month of August of each contract year. Contractor must receive approval from the City for such billing rate adjustment, which approval shall not be unreasonably withheld. Contractor's request for an adjustment in the billing rates for increases in the CPI and the Fuel Index shall be calculated as follows: (a) CPI-U Component - Contractor shall first calculate the percentage of change in the Consumer Price Index (CPI-U), Dallas-Fort Worth, Paae 7 Texas; All Items Less Energy; Base Period 1982-84=100, Not Seasonally Adjusted, published by the United States Bureau of Labor Statistics, Consumer Price Index (the "CPI") between the published final June CPI index of the then current year and the published final June CPI index of the immediately preceding year (the "CPI Component"). In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. (b) Fuel Component - Contractor shall also calculate the percentage of change in the cost of diesel fuel during the prior twelve (12) month period, using the weekly average price of diesel fuel, as determined by reference to the Energy Information Administration of the U.S. Department of Energy ("EIA/DOE")'s Weekly Retail On Highway Diesel Prices for the Gulf Coast, published on the last Monday of each May of the Contract Year ("Fuel Index"). The EIA/DOE currently publishes these prices on their website at the following location: www.tonto.eia.doe.qov/ooq/info/wohdp/diesel.asp. Contractor shall calculate the percentage of change in the price of diesel fuel between the average price of diesel fuel from the aforesaid website published for the last Monday of May of the then immediately prior year (the "Initial Fuel Base") and the average price of diesel fuel from the aforesaid website for the 52 weeks period immediately prior to the last Monday of May of the current year (the average being calculated by adding together the weekly fuel price for each of the 52 prior weeks, divided by 52) (the "Current Fuel Base"). The Initial Fuel Base utilized for May of 2007 shall be $2.55 per gallon. The percentage change in the Initial Fuel Base and Current Fuel Base shall be multiplied by 13%, and the product thereof shall be the "Fuel Adjustment Component." (c) Supplemental Component - Contractor may petition the City, not more then once per year following the completion of the initial year, for adjustments to reimburse the Contractor for the reasonable costs to Contractor of any capital and/or operating expenditures including taxes, fees and surcharges required or imposed solely by federal or state law, regulation, rule, permit, or permit condition, that was not imposed because of Panp R the action or inaction of the Contractor. Determination of such supplemental request for billing rate adjustment shall be at the sole discretion of the City. (d) Modification of Billing Rate at City's Request: City may petition Contractor, not more then once per year following the completion of the initial year, for adjustments to adjust the billing rate based on any decrease in Contractor's disposal costs, including but not limited to a decrease in average amount of waste per pickup. City's request will be reviewed as an individual component and any decrease will be automatically applied to the billing rate. 2. City Decision: The City shall, within forty-five (45) days after Contractor's request for a Base Rate adjustment, advise Contractor of its approval or disapproval of an increase in the Base Rates effective as of September 1 of the then current year. If the City fails to render its decision within such forty-five (45) day period, the request shall be deemed approved. However, the City may provide, by written notice to Contractor, of an extension of the forty-five day requirement for an additional thirty (30) day evaluation period. The City's approval of Contractor's request for an increase in the Base Rates for a CPl-U/Fuel Components, as calculated above, shall not be unreasonably withheld. However, the decision by the City for a Supplemental Component billing rate adjustment shall be at the sole discretion of the City. (B) Franchise Fee: For and in consideration of the City granting Contractor a Contract within the city limits for commercial and residential refuse collection, the City shall independently establish a franchise fee, separate and apart from the Contractor cost for refuse collection services, calculated pursuant to: (1) Residential Billing: The City is hereby designated as the billing and collection agent for the residential refuse services provided herein. The City will levy 8.0 percent (8.0%) for each customer billing as payment of the portion of the franchise fee due on gross revenues. The City agrees to provide Contractor with a computer printout establishing the amount of the residential billings by the City each month, said printout to be provided and any amounts due to Contractor to be paid to Contractor no later than the twentieth (20) day of month following the month billed. (2) Commercial Billing: Contractor shall be responsible for billing and collection of funds for commercial refuse services. Contractor agrees to Paae 9 provide the City with a computer printout and computer data file in a format acceptable to City for each customer served, the name of each customer, the type of container serviced, the frequency of collection, the location of each commercial container, and the total dollar amount per account serviced by Contractor each month and the total dollar amount collected each month, said information and the 8.0 percent (8.0%} of the total dollar amount collected for the month franchise fee to be provided to the City no later than the twentieth (20) day of the month following the month collected. (C) Audit: Either Contractor or the City may request an audit of all refuse related account records by the respective independent audit firm then engaged by either at the time of the request. Such audit shall be at the expense of the party requesting same unless the audit results in a credit or payment due of one thousand ($1,000) dollars or more to the party requesting the audit in which case the cost of the audit will be paid by the non-requesting party. Further, documentation of billings will be provided to the City or Contractor upon request by the other party. Section VI Contractor's General Duties and Obligations It shall be the duty and obligation of Contractor to perform the following services: (A) The Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment, machines, landfill and labor which are reasonably necessary to adequately, efficiently, and properly collect and transport garbage from accounts serviced by Contractor in accordance with this Contract. In no event will the average age of the trucks assigned to this contract be older than ten (10) years. Collection of garbage shall be made using sealed packer-type trucks, and such equipment shall not be allowed to leak or scatter any waste within the limits of the City nor while in route to the disposal site. (B} Due to the street size variations in the City, the Contractor shall provide equipment that will accommodate such public streets and alleys. Special collections shall be made using appropriate equipment. Damage caused by collection equipment such as spillage, broken curbs or sidewalks, and mail boxes shall promptly be repaired or replaced at the Contractor's expense. Contractor shall not weave from curb to curb, drive in the middle of the road, or apply severe braking during routes through residential streets to prevent damage to infrastructure and for safety reasons. Contractor will train drivers to protect City streets and not make sudden braking stops that will damage street surfaces. Page 10 (C) All motor vehicles used in performance of the obligations herein created shall be clearly marked with the Contractor's name, telephone number, and unit number legible minimally from one hundred fifty feet (150'). All vehicles and equipment shall be of a uniform color, and the exterior of the vehicle and equipment shall be in good condition. No advertising, except the company logo, shall be permitted on vehicles. All collection equipment shall be maintained in a safe and efficient working condition throughout the term of the Contract. Such vehicles shall be maintained through a regular preventative maintenance program and painted as often as necessary to preserve and present awell-kept appearance. Vehicles are to be washed and disinfected on the interior and exterior on a monthly basis or as reasonably requested by the City. Vehicles shall be reasonably maintained and free of dents, abrasions, or cosmetic damage. (D) Garbage collection vehicles and recycling collection vehicles shall be clearly distinguishable from one another. In the event that one vehicle is used to serve the other purpose, a clearly visible sign should be affixed to the vehicle to inform residents that the refuse or recycling materials are going to the proper place. The Contractor shall furnish the City a list of all equipment to be used fulfilling the Contract and shall update that list as equipment changes and as may be requested by the City. At no time shall the Contractor commingle garbage and recycling materials. (E) The City may inspect the Contractor's vehicles at any time to ensure compliance of equipment with the Contract and if found non-compliant may require that the equipment be removed from City service and replaced prior to the next scheduled service with a different vehicle or the deficiencies corrected to the reasonable satisfaction of the City. (F) Contractor will dispose of in a legal manner, all garbage, brush, debris, bulky items, bundled or boxed bundled items, and other refuse collected. (G) Contractor agrees to establish daily routes and special schedules for the collection of garbage, brush, debris, bulky items, bundled or boxed bundled items, and other refuse as necessary to fulfill the requirements of this Contract. The City shall reasonably approve all routes. The Contractor shall submit any proposed changes in the routes to the City for approval, which shall not be unreasonably withheld. The City shall have the right to require alteration of service to any premises where unsightly or unsanitary conditions have resulted from inadequate commercial containers or an insufficient number of collections. (H) Contractor agrees, at its own expense, to maintain a tol!-free telephone number and to provide that telephones be answered from 8:00 A.M. to 5:00 P.M., Monday through Friday; and 8:00 A.M. to 12:00 P.M. on Saturday, excluding Holidays defined herein in Section VI(m), for the Page 11 purpose of handling complaints and other calls regarding solid waste and/or recyclable collection service. During these hours, a mechanical answering machine may not be used. Contractor may, however, use a mechanical answering machine to take messages at all other times. (1) The Contractor shall keep competent personnel in the office during the time the office is required to be open to the public, and the office personnel shall have authority to represent the Contractor in its relations with the public. (2) The Contractor shall also provide the City a telephone number by which the Contractor can be contacted for after-hours' emergencies. (3) The Contractor shall keep and maintain in the office a daily log in both electronic and paper form in a format acceptable to City of all the service calls and complaints, and shall show the nature of the call complaints or communication and nature and time of the disposition thereof by the Contractor. The City shall have the right to inspect the daily log at any reasonable time. (I) Contractor shall consistently and continually establish and maintain an authorized Managing Agent and shall designate, in writing, to the City Manager the name, telephone number, and address of such agent upon whom all notices shall be served by the City and to whom complaints received from citizens of the City may be directed. (J) Contractor shall assign one supervisory level employee to oversee Contractor's operations in the City. Contractor agrees that if the supervisory level employee normally assigned to the City is scheduled off work then Contractor will assign a substitute supervisory employee who will have the same responsibilities as the regularly assigned supervisory employee. The City Manager, or his designee, will be given the name and contact information of the supervisor so assigned and will have the right to contact the supervisor directly should the need arise. The supervisor assigned to the City will be available to respond within two hours to issues that may arise. (K) Contractor shall employ sufficient numbers of employees to meet its obligations under this Contract and employ only superintendents, supervisors, and workers who are careful, competent and fully qualified to perform the duties or tasks assigned to them and shall secure the summary dismissal of any person or persons employed by Contractor in or about or on the work who shall misconduct themselves or be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of their duties or who shall neglect or refuse to comply with or carry out the directions of Contractor. All workers Panp 12 shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of their assigned duties. Contractor shall perform driving record checks of ali drivers working within the City with said checks to be updated every twelve (12) months or as frequently as required by State or Federal Department of Transportation Regulations. All field employees shall pass a drug test and criminal background check, as administered by the Contractor, prior to working in the City. Contractor shall not assign an employ to work within the City who has been either charged or convicted of a sexual act against a child. Contractor shall remove any field employee not meeting this standard from working within the City and promptly advise the City of such occurrence. (L) Contractor shall provide evidence indicating that it has the right to use a landfill site for the purpose of this Contract for the entire period of this Contract and any agreed extensions thereto. Contractor agrees to indemnify and hold City harmless from any liabilities, including but not limited to, special clean-ups, fines or other regulations imposed on any landfill site used by the Contractor to dispose of City trash and refuse. As between the City and the Contractor, once waste is picked up by the Contractor, all refuse and garbage shall be the sole responsibility of the Contractor. Hazardous waste and other items prohibited by state, federal, or local regulation from placement in landfills shall not be knowingly or intentionally placed in a landfill by Contractor. If such hazardous or prohibited waste is inadvertently placed in a landfill by Contractor, the Contractor shall not be precluded from seeking remedies, including but not limited to damages, due the Contractor from the industrial or commercial customers that generated the hazardous or prohibited waste and placed it with the Contractor for collection and disposal. Contractor and the City recognize that the Contractor's Contract to indemnify the City from any and a!I liability for items placed in a landfill flows from the joint knowledge of the parties that the City will not know what is being placed with the Contractor and delivered to the landfill. (M) Contractor may cancel collection services on only the following holidays: New Years Day, Memorial Day, Independence Day, Thanksgiving Day and Christmas Day. Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection services for the holiday. Any services cancelled due to an observed holiday wiil be collected on the next regular scheduled collection day. Contractor will be responsible for notifying all customers at Contractor's expense of any deviation from a regular scheduled pickup day due to any holiday observed by Contractor. If a necessity arises that Contractor believes warrants collection services on a designated holiday, approval shall be obtained from the City Manager, or his designee, at least twenty-four (24) Pano ~ 3 hours prior to the holiday collection. Contractor will be solely responsible for timely informing affected customers of this holiday pick-up. The City and Contractor will work together to determine the most appropriate method of said notification. (N) Contractor shall provide at the City's sole discretion a representative to assist with customer inquiries, account assistance, scheduling, complaints, etc. for the first thirty (30) calendar days and during normal office hours of the contract initiation in the event the contract is awarded to anew service provider. Section Vll Contractor's Collection Duties and Responsibilities (A) Residential Collection. (1) The Contractor shall provide curbside or backdoor collection service for residential solid waste (including Acceptable Brush) on a four day schedule with all residential customers receiving service twice per week on either aMonday/Thursday or Tuesday/Friday schedule. Contractor shall collect all Acceptable Waste placed in authorized containers (plastic bags or residential containers), and yard waste bundles placed at curbside by 7:00 A.M. on the designated collection day. Contractor shall pick up all garbage on the designated collection day no later than 7:00 P.M. Unless approved in writing in advance by the City Manager, no collection shall be made on Sunday. (2) Contractor shall be required to collect all acceptable brush and tree trimmings up to four (4} bundles per collection with bundles not weighing more then fifty (50) pounds each, two (2) times per week during the term of this Contract, with a minimum of two (2) days between collections, except as otherwise mutually agreed to by the City and Contractor. In the alternative of being bundled, materials may be placed in a disposable container. Any additional bundles exceeding the four (4} bundles per collection requirement shall be collected by the Contractor, at the customer's request, on the same on-call basis for a rate set forth in the Miscellaneous Rate Sheet. Contractor sha(I bill the customer directly for this fee and is responsible for collection of same. Contractor shall collect bulky waste and brush, rubbish and trees not exceeding four (4) cubic yards per collection and not to exceed four (4} times per calendar year. Any additional bulky waste pickups exceeding this collection schedule shall be collected by the Contractor, at the customer's request, for a rate set forth in the Miscellaneous Rate Sheet. Contractor shall promptly communicate and bill the customer directly for this fee and is responsible for collection of same. All bulky waste set at the curb will be collected by the Contractor on the regular refuse pick-up schedule. Bulky waste pick ups exceeding the four times per calendar year limit will be collected and billed to the customer. Contractor is required to bill the customer and leave information at the address indicating cost. A copy of each additional billing shall be provided to the City on a monthly basis. (3) Contractor shall make reasonable efforts to establish a process for providing a customer service request component for customers needing to schedule special collection services. The service shall be provided on a twenty-four hour/seven day per week customer call center and additionally supported by an internet based system. Special collection services shall include, but are not limited to, bulky waste, bundled waste and grass-leaf bags. The online internet component shall be a secured online payment system. Company shall provide a history summary enabling the user to quickly and accurately ascertain prior usage. Company shall provide, at no cost, a link from the site to the City website. (4) Contractor shall make collections with a minimum of noise and disturbance to the householder. This work shall be done in a sanitary manner. Any refuse or trash spilled by Contractor shall be picked up immediately by the Contractor's employees. (5) It is anticipated that the City will evaluate and consider employing a citywide yard waste elimination program during the term of the Contract. In such case, Contractor shall assist the City with research and evaluation of best practices, cooperatively participate in the deployment of equipment and personnel if selected by the City and adjust rates based on a mutually agreed negotiate rate. The implementation of such a program shall not commence until after the completion of the first anniversary. (B) Curbside Recycling. (1) The Contractor shall provide curbside or backdoor collection service for residential recycling on a two (2) day schedule with all residential customers receiving service once per week on either a Monday/Thursday or Tuesday/Friday schedule. Contractor shall collect all materials placed at curbside by 7:00 A.M. on the designated collection day. Contractor shall pick up all materials on the designated collection day no later than 7:00 P.M. Unless approved in writing in advance by the City Manager, no collection shall be made on Sunday. (2) Recyclable commodities for each residential premise shall be serviced once per week. The Contractor shall provide curbside or backdoor recycling collection service. Contractor shall collect all recyclable commodities placed at curbside or backdoor by 7:00 P.M. on the designated collection day. In the alternative and subject to City approval, Contractor may provide for collection of recycling on a non collection day for regular residential recycling collection. Contractor shall pick up all recycling commodities on the designated collection day no later than 7:00 P.M. Any additional recycling container, other than defined in Section III, will be billed to the customer pursuant to the cost identified in the Miscellaneous Rate Sheet. (3) The charge for collecting multiple bins shall be the same as for the collection from a single bin. (4} Contractor shall provide replacement bins for customers whose bin is damaged, lost, or stolen at the rate as listed on the Miscellaneous Rate Sheet. (5) Contractor shall collect the recyclable materials at the curb. Contractor shall collect recycling material set out for collection outside the nom~al recycling bin when necessary. An example includes extra newspapers bundled and/or bagged where volume is greater than bin size. (6) Contractor shall provide the City a recycling report detailing volume collected and participation rate on a monthly basis, within fifteen (15) working days from the end of the reporting month. The report will provide estimated summaries of the tonnage of all materials recovered by type of materials, residential participation, rates in terms of weekly and monthly set-out counts with a description of the methods used to determine the participation rates. (7) The Contractor shall be responsible for transporting the marketable recyclable materials to a processing site and must have established buyers or markets for the recyclables. The Contractor may be required to identify the buyers of the recyclables upon request by the City. To the fullest extent possible, recycling materials should be protected against contaminates that require disposal at the landfill. The Contractor shall be totally responsible for the processing and marketing of all marketable recyclable materials collected pursuant to the Contract. Page 16 (8) If Contractor's employees determine that the recyclable materials set out by the resident are unacceptable due to the inappropriateness of the materials, Contractor will leave the inappropriate materials in the bin. A sticker shall be attached to the bin explaining the reason the materials were rejected. Contractor will not be required to collect recyclable materials mixed with garbage or rubbish normally collected by solid waste collecting crews. (C) Commercial and industrial Collections. (1) The Contractor shall provide curbside collection service for solid waste (not exceeding the defined limits herein) on a five day schedule for alt commercial hand collection customers. Contractor shall collect all Acceptable Waste placed in authorized containers (plastic bags or containers), placed at curbside by 7:00 A.M. on the designated collection day. Contractor shall pick up all garbage on the designated collection day no later than 7:00 P.M. Unless approved in writing in advance by the City Manager, no collection shall be made on Sunday. (2) Commercial Container Specifications: Contractor agrees to make commercial containers for storage of garbage, refuse, brush, Construction and Demolition Waste, and/or debris, as the case may be, available upon request of the owner or occupant of any premises (at such owner's or occupant's expense) within the corporate limits of City, excluding single family and two family residences. The commercial containers provided by Contractor shall be (i) equipped with suitable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with Contractor's name and telephone number in letters not less than two (2) inches in height. If collection is from a commercial container, that container should be located on a concrete pad to accommodate collection equipment. (3) Frequency of Commercial Collections: Contractor agrees that the frequency of collections shall be as is mutually agreed upon by Contractor and the commercial customer, provided, however, collection service shall be at least once per week to maintain the premises free of accumulation of waste and no collections will be made on Sundays. Contractor shall notify City if the size and number of commercial containers and frequency of pickup at a commercial site are PancP 17 insufficient to avoid an unsightly accumulation of refuse or fire hazards or an accumulation of flies, rodents, scavengers and unnecessary odors. Hours of collection for commercial customers shall be between 7:00 A.M. to 7:00 P.M. (4} Frequency of Industrial Collections: Contractor agrees that the frequency of collection shall be as is mutually agreed upon by Contractor and the industrial customer, provided, however, that Contractor shall notify City if collection service are not scheduled so as to maintain the premises free of accumulation of refuse or fire hazards or an accumulation of flies, rodents, scavengers and unnecessary odors. (D) City Collections. The Contractor shall provide at no charge to the City, the collection, transportation, and disposal of waste accumulated by the City at City owned, operated, or other City designated sites up to ten thousand front load container service yards and twenty four (24) 30-yard roll off loads of waste per year ("Annual Limits"). City will provide a list of such sites to Contractor. Regular service shall include the free provision, collection, and hauling or dumpsters and/or roll-off containers as requested by the City for special events and ongoing or special projects. In the event that the City's containers are full and are in need of a special disposal, the Contractor shall accommodate the City when possible. For collection service requirements in excess of these Annual Limits, the City will be charged the then current rates for such service as set forth in the attached Rate Sheet. For purposes of this section, commercial service yards per container shall be calculated using the container size multiplied by the times of collection (for example: 6-yard container X 3 times per week collection X 4.33 weeks per month X 12 months = 935 annual commercial collection yards). Roll off loads shall consist of completed loads of large containers (30-yards) to the Landfill as directed by the City. The Contractor shall provide one roll-off container commencing on the Saturday of the city general election at no cost to the City. The Container shall be placed at the location designated by the City for one week following the election. (E) Special Collections (1) Holiday Ornamental Tree Recycling. The Contractor shall provide for the collection of ornamental holiday trees, for no additional fee, by Residential Customers for the period beginning on the 26th of December of each year and ending on January 9th of the succeeding year as part of the customers regular refuse collection schedu{e. Paae 18 (2) Storm Debris Management Program. In the event of a major storm, as determined by the City Manager, the Contractor shall provide, at the City's request, assistance to residents in the disposal of storm debris. The Contractor agrees to provide sufficient information to substantiate its costs to provide this service and the City and Contractor agree to negotiate in good faith to agree upon the fees to be paid for this service. Section VIII Spillage (A) Contractor shall not be responsible for scattered refuse unless the same has been caused by its acts or those of any of its employees, in which case, all scattered refuse shall be cleaned up immediately by the Contractor. A fork, push broom, and a scoop-type shovel shall be maintained on each truck for clean up activity. The Contractor shall, if necessary, hand clean all spillage resulting from its collection activities. In the event of spillage of hydraulic fluid, engine oil, fuel, or other liquids that spill from the collection truck which may require power washing ("truck fluids") on City infrastructure or private property, Contractor agrees to power-wash the pavement or concrete to attempt to remove spillage within twenty-four (24) hours of notification of said spillage. In the event of spillage on private property, Contractor shall remove said waste within twenty-four (24) hours of notification to Contractor. (B) Contractor will not be required to clean up or collect loose refuse and/or spillage not created by its operations, but shall report the location of such conditions to the City so that proper notice can be given to the customer at such premises to properly contain such refuse. Spillage or excess refuse shall be picked up by Contractor after the customer reloads the containers. In the case of commercial customers, Contractor shall be entitled to an extra collection charge for each reloaded commercial container requiring an extra collection. (C) Should such commercial spillage continue to occur, due to the inadequate size of the container, the City shall require the commercia{ customer and Contractor to increase the frequency of co!{ection of the customer's refuse, or require the customer to utilize a commercial container with a larger capacity, and Contractor shall be compensated for such additional services. Section IX Non-Collection and Complaints (A) All service complaints shall initially be directed to Contractor. In all cases, Contractor will strive to resolve complaints to the City satisfaction within r~anP 1A the same business day, excluding weekends, Holidays and after normal business hours. Any missed pickups of residential refuse will be collected the same business day if notification to the Contractor is provided by 2:00 P.M. but not later than 12:00 P.M. the next business day if notification is provided after 2:00 P.M. Unless Contractor provides proper documentation to the City, Contractor will contact the customer and begin the resolution process by the end of the next business day following receipt of the complaint and seek to resolve the complaint to the complainant's satisfaction within twenty-four (24) hours of receipt of the complaint, excluding weekends, Holidays and after normal business hours. If the Contractor is unable to resolve a complaint within twenty-four (24) hours, Contractor will notify City and provide documentation to the City's satisfaction explaining the reasons the complaint cannot be satisfied within the specified time period. The City Manager, in the event that the Contractor fails to resolve the complaint within 36 hours (excluding weekends, Holidays and after normal business hours) may reasonably elect to deduct from amounts due the contractor the sum of one hundred ($100) dollars for each occasion. The Contractor may appeal the decision of the City Manager to the City Council. On a monthly basis, Contractor shall supply the City with copies of all complaints on a form approved by the City or in an electronic format acceptable to City at City's option indicating the disposition of each complaint. The form shall indicate the day and hour on which the complaint was received and resolved. {B) The City shall notify Contractor of each complaint reported to the City in order for Contractor to take whatever reasonable steps are necessary to remedy the cause of the complaint. Contractor shall notify the City of its disposition in the bi-weekly report described in the preceding paragraph. (C) Contractor shall provide the City with a full explanation of the disposition of any complaint involving a customer's claim of damage to private property as the result of actions of Contractor's employees, agents and subcontractors. (D) Contractor shall notify all customers about complaint procedures, rules and regulations, and days of collection on an annual basis and whenever there is a change in service, days of collections, procedures, etc. The City and Contractor will work together to determine the most appropriate method of said notification. (E) For a complaint from a customer or Contractor, the City Manager, or his designee, shall be responsible for deciding any disputes between the Contractor and the customer as to the validity of the complaint. The decision of the City Manager, or his designee, on such matters shall be Page 20 final and all parties agree to abide by said decision; provided, however, that when Contractor challenges any complaint or failure to perform under the Contract, the City Manager may, or his designee's, in his sole discretion, request a joint inspection by a representative of the City and a representative of Contractor. However, such inspection shall not alter the City Manager's, or his designee's, discretion to make the final decision regarding such matter. (F) It is understood and agreed by and between the City and Contractor that if any customer maintains improper or inadequate containers for the nature, volume or weight of refuse to be removed from the premises, or if any customer improperly places debris or bulky items for collection, Contractor may refrain from collecting all or a portion of such refuse and shall notify the City and the customer that refuse has not been removed from his premises on the scheduled collection day and where no notice of non- collection or a change in collection schedule has been received from Contractor, the City may investigate. If the City determines that Contractor has failed to collect refuse from the premises without cause, Contractor shall collect same within 24 hours after a collection order is issued by the City. (G) Employees of Contractor shall not be required to expose themselves to dangerous or vicious animals in order to accomplish refuse collection in any case where the owner or tenants have animals at large, but Contractor shall immediately notify the City, in writing, of such condition and of Contractor's inability to make collection. (H) Contractor may cancel a portion or all of a scheduled service day due to hazardous weather conditions, and shall notify the City Manager or his designee of such cancellation as soon as the decision to cancel service has been made. Unless otherwise reasonably approved by the City Manager, such decision in no manner relieves the Contractor of its obligation to provide residential collection services twice per week and recycling collection services once per week. Contractor will be responsible for notifying all customers at Contractor's expense of any deviation from a regular scheduled pickup day due to a hazardous weather condition. Section X Review of Performance (A) The City may conduct an annual performance review, on or about the anniversary date of the Contract, to review the previous twelve months performance. City staff shall present a summary of complaints regarding the handling and status of complaint being resolved for that previous time Page 21 period. The Contractor shall be provided an opportunity to present information as well concerning the handling status of complaints or other service issues. The Contractor shall be provided a reasonable cure period, by the City, to correct any identified complaints for the previous year. At the end of the initial term of the Contract, the City may undertake a review of the performance of the Contractor based upon performance and quality measures outlined in the Section XI of this Contract. If the City finds the performance of the Contractor to be acceptable, this Contract wilt automatically renew under the same terms and conditions for an additional period as provided in Section I herein. (B) If at the conclusion of a performance review conducted pursuant to Section X(a} above, the City determines that the Contractor's performance is unacceptable, the City and Contractor will enter into good faith discussions to resolve any problems with the Contractor's performance. (1) If Contractor and City are able to reach agreement regarding the level of Contractor's performance and the steps necessary to improve Contractor's performance, and if said steps are implemented by Contractor, the term of service will be renewed for the same time period called for upon a finding of acceptable performance by the City. (C) In the event the term of service is considered for extension, the City will undertake a review of the performance of the Contractor based on the performance and quality measures outlined in Section XI of this Contract. If the City finds the performance of the Contractor to be acceptable, this Contract will automatically renew under the same terms and conditions for an additional five (5) year period, terminating August 31, 2017. If the City determines that the Contractor's performance is unacceptable, the City will notify the Contractor of this determination by December 31, 2012, and the City and the Contractor will enter into good faith discussions to resolve any problems with the Contractor's performance. If the Contractor and the City are able to reach Contract regarding the level of Contractor's performance, and if said steps are implemented by Contractor, this Contract will renew as provided herein. Otherwise, the Contract will not be renewed and be cancel{ed on August 31, 2012. Section XI Performance Measures In evaluating Contractor's performance, the City will determine whether the Contractor has met the following performance measures: Page 22 (A) Contractor will strive to meet and exceed community expectations for customer service and community involvement. By the anniversary date each year, Contractor will provide to City an annual work plan detailing and identifying areas of opportunity to be engaged as an active and participative member of the corporate community. Financial participation, while encouraged, shall not be a factor of consideration. (B} Customer Complaints: In accordance with Section IX(a) herein, Contractor shall not have failed to contact customers to begin the resolution process by the end of the next business day more than six times per year, and contractor will have resolved customer complaints to the complainant's satisfaction within 36 hours of Contractor's receipt of the complaint, as called for herein, except for Sundays and Holidays and those instances where Contractor has provided the City with written documentation showing why the complaint will take longer than thirty-six (36) hours to resolve, ninety percent (90%) of the time as measured over an eighteen month period. (C) Satisfaction Survey: A Customer Satisfaction Survey ("Survey) may be performed by the City at a time when the performance of other city services are being surveyed, at City's expense. The question in the Survey to be asked of the customers in relation to Contractor will be as set forth in Exhibit "D", or as otherwise agreed to by City and Contractor. The parties agree that it is a goal to have at least eighty-five percent (85%}, excluding those who answer "no experience," or "no comment" of the responses to the Survey will rank Contractor as good or excellent. Nevertheless, the parties will discuss the actual results and attempt to determine if a lower rating is acceptable to the City based on the circumstances surrounding the Survey. The Survey shall be valid and reliable, and properly reflect the different categories of the City's population, including, but not limited to, age, region of the City where respondent lives, and income levels. The Survey will not be conducted by mail. If Contractor challenges the Survey, the City agrees to provide all information relating to the Survey to Contractor so that Contractor can investigate the validity and reliability of the Survey or whether it properly reflects the City's population. (D) Collection of Acceptable Waste: Contractor shall not fail to collect acceptable waste within twelve business hours after learning of the failure to collect acceptable waste more than ten (10) times in any twelve month period. (E) Duties and Obligations: Contractor shall have substantially performed all of Contractor's General Duties and Obligations as set forth in Article VI of this Contract. Paae 23 (F) Spillage: Contractor shalt not have failed to pick up scattered refuse or spillage in accordance with Article VIII more than three times in any twelve month period. (G) Noncompliance: Contractor shall have no events of Noncompliance as outlined in Article XV herein. (H) Timeliness of Collection: Contractor shall have received complaints alleging that collection within 1,000 feet of any residence occurred before 7:00 a.m. or after 7:00 p.m. on more than three occasions. (I) Adherence to State, Local and Federal Laws: Contract shall have no violations of and State, Local or Federal laws, excluding traffic violations in the previous twelve (12) months. (J) Recycling Education: Contractor will provide at least one public recycling education session explaining the benefits of recycling. (K) Reports: Con#ractor shall provide the City with a monthly commercial report. The report should include the amount of commercial activity including the number of commercial customers, the number of commercial accounts by size and number of pick-up, the number of cubic yards of collected, and any other information requested by the City. The Contractor shall provide the City with this information within fifteen (15) days from the end of the reporting month. Contractor shall also provide the City with a monthly residential haul report. Such report shall include such information as necessary to determine Contractor's disposal costs, including but not limited to the average amount of waste per pickup. Section XII Contractor's Relation to City (A) Contractor as Independent Contractor: It is expressly agreed and understood that Contractor is in ail respects an independent contractor as to the work, duties and rights granted herein, notwithstanding the fact that Contractor is bound to follow the direction of designated City officials, and that neither Contractor nor any person performing any of the work covered under this contract is in any respect an agent, servant, officer or employee of the City. This contract specifies the work to be done by Contractor, but the method to be employed to accomplish this work shall be the exclusive responsibility of Contractor, and under Contractor's exclusive control and right of control. The doctrine of respondent superior shall not apply between the City and Contractor, or any of Contractor's agents, servants, Page 24 employees or subcontractors and nothing herein shall be construed as creating a partnership or joint enterprise between the City and Contractor. (B) Subletting Contract: This Contract, or any portion thereof, shall not be sublet or assigned except with the prior written consent of the City. No such consent will be construed as making the City a party to such subcontract or assignment, or as subjecting the City to liability of any kind to any subcontractor or assignee. No subcontractor or assignee shall, under any circumstances, relieve Contractor of his liability and obligation under this Contract, and despite any such subletting or assignment, the City shall deal through Contractor unless otherwise agreed by the City. Any subcontractor and assignees will be dealt with as workers and representatives of Contractor, and as such shall be subject to the same requirements as to character and competence as are other employees of Contractor. {C) Inspection of Performance: The City Manager, or his designee, may inspect Contractor's operations, equipment and performance at any reasonable time and Contractor shall furnish the City Manager, or his designee, with every reasonable opportunity to inspect Contractor's operations or equipment or for otherwise ascertaining whether or not the work is being performed in accordance with the requirements of this contract. Section XIII Indemnification Contractor covenants and agrees to fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees from and against any and all claims, demands, suits, judgments, costs and expenses (including attorney's fees) for property damage or loss, and/or bodily/personal injury, including death, to any and a{I persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the performance, attempted performance or non-performance of the work and services described hereunder including operations of subcontractors, if any, and the acts or omissions of employees or agents of Contractor, or in any way resulting from or arising out of the collection, transportation or disposal of solid waste under this contract, save and except for the loss or injury due to City's sole negligence, or willful acts or omissions without, however, waiving any governmental immunity available to City under Texas law and without waiving any defense of City or Contractor under Texas Law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Page 25 The insurance coverage specified below constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability or responsibility of Contractor under the terms of this contract. Section XIV Insurance The Contractor shall obtain and maintain in full force and effect for the duration of this Contract and any extension hereof, at the Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City in the following types and amounts. Any of the insurance coverage required herein may in part, or in whole, come from self funded, ERISA, or self insurance plans. TYPE AMOUNT (a) Worker's Compensation and Employer's Liabilit Statutory $100,000!500,000/100,000 TYPE AMOUNT (b) Commercial General (Public) Combined single limit for bodily Liability insurance including injury and property damage in the coverage for the following: amount of $2,000,000 per a. Premises Operations occurrence or its equivalent. b. independent Contractors c. Products/Completed Operations d. Personallnjury e. Advertising Injury f. Contractual Liability g. Medical Payments TYPE AMOUNT (c) Comprehensive Automobile Combined single limit for bodily injury insurance, including coverage for and property damage in the amount loading and unloading hazards, for: of $5,000,000 per accident or its a. Owned/Leased Vehicles equivalent. b. Non-owned Vehicles c. Hired Vehicles (A) Additional Policy Endorsements. The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular Page 26 policy terms, conditions or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). The City may review the Policy limits every year, and at such times the Policy limits may be reasonably adjusted, provided such adjusted limits are available, and any additional premium cost may be passed through to customers if approved by the City in accordance with Section V.(b). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. (B) Required Provisions: The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: (1) Name the City of Colleyville and its officers, employees, and elected representatives as additional insured, (as the interest of each insured may appear) as to all applicable coverage; (2) Provide for thirty (30) days notice to the City for cancellation, non- renewal, or material change and ten (10) days notice for workers' compensation coverage; (3) The Contractor agrees to waive subrogation against the City and its officers, employees, and elected representatives for injuries including: death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance except for cases involving the sole negligence of the City; (4) Provide that all provisions of this Contract concerning liability, duty, and standard of care, together with the indemnification provision, shall be underwritten by contractual liability sufficient to include such obligations within applicable policies; (5) For coverage's that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the Contract, plus one (1) year (to provide coverage for the warranty period), and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period; and (C) Notices: The Contractor shall notify the City in the event of any change in coverage and shall give such notices in writing no less than thirty (30) calendar days prior to the change. The notice must be accompanied by a replacement Certificate of Insurance. Page 27 Section XV Noncompliance In the event Contractor shall fail to perform any of the material provisions (a "Material Breach) of this Contract, City shall promptly notify Contractor of its noncompliance, stating with particularity the facts relating thereto. Thereafter, if the Material Breach is not corrected or if agreed upon steps are not taken to improve and/or otherwise comply with the terms of this Contract within a period of time which is reasonable in relation to the nature of the event of noncompliance but in no case more than ten (10) days (hereafter the "Contractor Cure Period") the Material Brach shall constitute an act of noncompliance. For each such Material Breach, City may deduct from the consideration to be paid Contractor the sum of Five Thousand and No/100 Dollars ($5,000.00) per day for each day such Material Breach shall continue following the Cure Period ("Liquidated Damages"). This remedy is hereby expressly made cumulative of other remedies available to City, at law or in equity, for the breach of this Contract. Notwithstanding anything stated in this Article XV to the contrary, a Material Breach shall represent all breaches for a material breach of a given section per day. For instance, if Contractor were unable to service a material number of pickups for a given period, (e.g., three days) the Liquidated Damages amount shall be the total damages per day paid in connection with that Material Breach (not per each account that Contractor did not service.) Total Liquidated Damages for that Material Breach for the three (3) calendar day period would be Liquidated Damages times three (3). Section XVII Termination If at any time Contractor shall fail to substantially perform terms, covenants, or conditions herein set forth, City shall notify Contractor by certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of City's claim that Contractor has breached the terms and provisions of the Contract. Contractor shall be allowed ten (10) calendar days from the date of receipt of notice to remedy any failure to perform and provide written documentation of such remedy. Should the Contractor fail to remedy issues related to the breach of said Contract conditions, then a hearing shall be held by the City. Should City deem failures to be corrected, no hearing shall be held. Nothing herein waives or impairs City's rights to terminate the Contract pursuant to law upon a material breach by the Contractor. A notice shall be sent to Contractor no later than fourteen (14) calendar days before a hearing is scheduled. The notice shall specify the time and place of the hearing, and shall include the specific reasons in support of City's claim that Contractor has breached the terms and provisions of the Contract. Contractor shall be allowed to be present, and shall be given the full opportunity to present its reasons why Page 28 the Contract should not be terminated and answer such claims that are set out against said Contractor. If the City makes a finding that the said Contractor substantially failed to perform its duties as specified in the Contract, the City may terminate the Contract. If the City so terminates the Contract, nothing herein waives Contractor's ability to claim or assert that the City's termination was wrongful and/or a breach of this Contract in a court of law. The foregoing notwithstanding, the City reserves the right to all available legal defenses and all protections and limitations of liability provided by the Texas Tort Claims Act and the Texas Constitution relative to these parties. Contractor reserves the right to disagree with the findings of the City. Nothing herein waives or impairs Contractor's rights to terminate the Contract pursuant to law upon a material breach by the City. Provided, however, Contractor shall notify City by certified mail addressed to the City at the address set forth herein of specific reasons in support of Contractor's claim that City has breached the terms and provisions of this Contract. City shall be allowed ten (10) days from the date of receipt of notice to remedy any alleged breach. Should the City fail to remedy issues related to the alleged breach of said Contract conditions, then Contractor may terminate. Nothing herein waives City's ability to claim or assert that Contractor's termination was wrongful and/or a breach of this Contract. Section XV111 Miscellaneous (A) Compliance with laws: Contractor hereby agrees to comply with all applicable federal, state, and local laws including the Fair Labor Contract Act, and rules, regulations orders and decrees of the State of Texas Department of Health, the Texas Commission on Environmental Quality, and the United States Environmental Protection Agency or their successors. Contractor sha(I indemnify and hold harmless the City, its officers, representatives, agents, and employees against any claim or liability arising from or based on the violation of any such laws, regulations, ordinances, orders, or decrees, whether such violation was by Contractor, its agents or employees, or any subcontractor or assignee. Contractor shall not be required to collect or dispose of any oil, sludge, fecal material or any radioactive, pathological, toxic, acidic or volatile material, or other hazardous waste or improper waste from any commercial or residential customer. Should Contractor elect to dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to Contractor and to the party requesting disposal of such materials. Should Contractor elect to dispose of such materials, Contractor shall take such steps and precautions as are required by the applicable laws governing disposal of such material and shall indemnify the City from any liability arising from such disposal. Page 29 Contractor shall at all times observe ail City ordinances controlling or limiting those engaged in performing work under this contract; provided, however, that nothing contained in any ordinance now in effect or hereafter adopted pertaining to the collection of brush, debris, garbage, hazardous waste, bulky items, refuse, bundled or boxed items or other trash shall in any way be construed to affect, change or modify or otherwise after the duties, responsibilities and operation of Contractor in the performance of the terms of this contract. It is the intention hereof that Contractor be required to perform the terms of this contract regardless of the effect of interpretation of any municipal ordinance which in any way relates to brush, debris, garbage, hazardous waste, bulky items, refuse, bundled or boxed items or trash. (B) Multiple Originals: This contract is executed in multiple originals, each of which shall be deemed for all purposes to be an original, and all of which are identical. (C) Paragraph Headings: The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this contract. (D) Successors and Assigns: All of the terms, covenants, and agreements contained herein shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. (E) Notices: Notices by either party to the other party shall be sufficient if sent by certified mail, postage paid, return receipt required, addressed to the other party at the addresses designated below each party's signature hereunder. (F) Venue and Choice of Law: The parties acknowledge that this Contract is fully performable in Tarrant County. Should any action, whether real or asserted, at law or in equity, arise out of terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas and this Contract shall be construed under the substantive laws of the State of Texas excluding its choice of law provisions. (G) Governmental Powers: It is understood and agreed that by execution of this contract, the City does not waive or surrender any of its governmental powers. (H) Taxes: Contractor shall pay all federal, state and local taxes including sales tax, social security, worker's compensation, unemployment insurance and any and all other required taxes which may be chargeable Page 30 against Contractor for its labor, material, equipment, real estate and any other items necessary to and in performance of this contract. (I) Licenses, Permits, and Fees: Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections and all other fees required by law or otherwise necessary to perform the services prescribed hereunder. Contractor shall also pay, at Contractor's own expense, all disposal fees associated with the collection, removal and disposal of refuse. (J) Sovereign Immunity: Nothing contained within this Contract, including but not limited to Section X(b) herein, shall be deemed a waiver of City's sovereign immunity. (K) Performance Bond: Contractor agrees that upon the execution of this Contract and before beginning work, it shall make, execute and deliver to the City a good and sufficient surety bond in a form furnished by the City, to secure the faithful performance of the terms and conditions herein. Such bond shall be in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00), and signed by the president or general officer of Contractor, together with the signature of the corporate secretary and the corporate seal. The surety shall be a surety company duly authorized to do business in the State of Texas, and approved by the City. (M} Construction: The parties acknowledge that they are each represented by counsel and have had sufficient opportunity to review this Contract. Therefore, the parties agree that nothing in this Contract will be construed against the drafter. (N} City Emergency Contact: The City agrees to provide Contractor with the name and phone number of the employee Contractor should contact after hours should an emergency arise. (O) City Enforcement: To the extent authorized by law, City agrees to use its best efforts to ensure that Commercial and Industrial customers utilize Contractor's services. (P) Additional Provisions: If taxes or fees are imposed upon Contractor after the date of this Contract by a governmental entity or agency directly attributable to Contractor's handling or disposition of refuse or waste as required by the Contract, then Contractor may request to recover those additional taxes or fees during the term of this Contract in accordance with Section V(b) herein. (Q) Written Communication: All demands, notices or other communications allowed or required hereunder shall be in writing and shall be deemed given when delivered in person or deposited in a receptacle for the United Page 31 States Postal Service, postage prepaid, registered or certified, return receipt requested, addressed to the parties as follows: CITY: City Manager c/c Budget & Administrative Services Manager City of Colleyville 100 Main Street Colleyville Texas 76034 With a copy to: Matthew C. G. Boyle BOYLE & LOWRY, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 CONTRACTOR: District Manager IESI TX Corporation P.O. Box 162479 Ft. Worth, Texas 76161-2479 (R) Governmental compliance: If, after the date of the Contract, additional regulations by a governmental entity or agency result in extra costs to Contractor in providing the services required herein, the Contractor may be entitled to recover those costs during the term of this Contract in accordance with Section V(b) herein. (S) Force Majeure: Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire, Act of God or other similar contingency beyond the reasonable control of Contractor. Specifically excluding such cause however shall be work related stoppages and labor strikes. (T) Modifications: This Contract may not be changed orally, but only by an Contract in writing signed by the City and Contractor. No act, delay, omission, course of dealing between the parties will be a waiver of any rights or remedies under this Contract. Any waiver of any right, remedy or requirement under the terms of hereof on any occasion will not be a bar or constitute a waiver of the exercise of the same or other right or remedy on subsequent occasions. Page 32 IN WITNESS HEREOF, the contracting parties, by our dul uthorized agents, hereby affix our signatures and seals on this day of 2007. ~,~m~ PATSY OELORtS BARTLETT Notary Pubdc, State of Texas Irdy Corrunission Expires '~~ ~o-o3-zoos IESI TX Corporation P.O. Box 162479 Ft. Worth, Texas 76161-2479 By: Name: hn G stafson ~ ~ 7 Title: Vi Pr sident egion an ger City of Colleyville, Texas Colleyviife city Council 100 Main Street Colleyville, Texas 76034 MAY 1 5 2001 Approved By: Name: Bill Lindley s iy ,zoos Title: City Manager Page 33 VERIFICATION STATE OF TEXAS § COUNTY OF TARRANT § B OuuR''E_ nnME, the undersigned Notary Public, on this day personally ~~ l:+~igpr.- ,who being by me duly sworn upon his oath deposed and said that he is the p f>Q ~ U'1 _of ~ ~ ~ ~Y Cow , ;that he is authorized to make this affi avit on behalf of i X51 Tx Cori. ;that he has read the above and foregoing Contract, and that every material statement contained herein is true and correct to the best of his knowledge and belief. SUBSCRIBED AND SWORN TO BEFORE ME this ~~ day of ~.~ , 2007. ll~'US ~~ NOTA PUB!_IC, in and for the State of Texas ~~,pY P~yµ. PATSY DELORIS BARTLE~[ i ~ „Notary Public, State of Texas AAy Commission Expires ~„~~•~"~ 10-03-200.9 Page 35 VERIFICATION STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned Notary Public, on this day personally ' .iva!re. ,who being by me duly sworn upon his oath deposed nd sai that he is the CJ,'~,X /1/~~~ q~-Y- of ~ / T ;that he is authorized tom ke this affidavit on b If of ~ ;4, ~, ~' Co s,~La; LLe~ ;that he has read the above and foregoing Contract, a that every erial statement contained herein is true and correct, to the best of his knowledge and belief. SUBSCRIBED AND SWORN TO BEFORE ME this ~~ day of 2007. Cynt~-ia Singleton y~ ~rY PuWic, State o(Texas ~ N ARY PUBLIC, in and r e ~ Mf+ Commission Expires: Aprit ~ 2, tot ~ to of Texa s Page 34 EXHIBIT "A" RATE SHEET CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION Between The City of Colleyville and IESI Corporation RESIDENTIAL RATES Residential Curbside - 2 times per week Residential Recycling - 1 time per week Total Residential $10.05 (per month) Commercial Hand Load - 2 times per week $19.85 (per month) (4 bag limit per collection) COMMERCIAL FRONT LOAD RATES Frequency of Collection Size 1x week 2x week 3x week 4x week 5x week 6x week Extra 2 YD $50.00 $79.00 $107.00 $137.00 $164.00 $193.00 $25.00 3 YD $63.00 $103.00 $146.00 $187.00 $230.00 $271.00 $30.00 4 YD $76.00 $126.00 $177.00 $225.00 $276.00 $326.00 $35.00 6 YD $116.00 $168.00 $234.00 $301.00 $368.00 $435.00 $40.00 8 YD $131.00 $214.00 $298.00 $381.00 $464.00 $549.00 $45.00 Pane 36 EXHIBIT "A" RATE SHEET, page 2 Miscellaneous Commercial Charges Containers with casters Locks or Gates $8.50 (per month) $7.85 (per month) ROLL OFF RATES SIZE HAUL DELIVERY RENTAL PER DAY DISPOSAL DRY-RUNS 20 YD OPEN $285.00 $75.00 $4.35 $25.00/ton $75.00 30 YD OPEN $285.00 $75.00 $4.35 $25.00/ton $75.00 40 YD OPEN $295.00 $75.00 $4.35 $25.00/ton $75.00 SIZE` HAUL RENTAL WASH-OUT DISPOSAL DEPOSIT 20 YD COMP $295.00 Negotiable $150.00 $25.00/ton $75.00 30 YD COMP $295.00 Ne otiable $150.00 $25.00/ton $75.00 35 YD COMP $295.00 Negotiable $150.00 $25.00/ton $75.00 40 YD COMP $295.00 Negotiable $150.00 $25.00/ton $75.00 42 YD COMP $295.00 Ne otiable $150.00 $25.OOlton $75.00 Page 37 EXHIBIT "B" MISCELLANEOUS RATE SHEET Colleyville, Texas -Miscellaneous Rate Sheet IESI Minnis Drive Transfer Station, 4120 Minnis Drive, Haltom City, Texas 76117 (Leased and Operated by IESI TX Corporation) GATE RATE SCHEDULE (effective September 1, 2007) Trash Disposai -IESI Minnis Drive Transfer. Station.- Vehicle Size Colleyville Residents Must Show Proof of Residence, Valid Drivers License Required Automobiles, Station Wagons, Pickups (with no sideboards) $42.00/each Pickups or Automobiles with Trailers attached, Less Than 8 Feet in Length (with no sideboards on pick-up or trailer) $35.00/ton $50.00 Minimum Pickup and Trailers, Less Than 8 Feet in Length with After Market Sideboards Attached to Truck or Trailer $35.00/ton $50.00 Minimum Pickups or Automobiles with Trailers Attached, Greater Than 8 Feet in Length $35.00/ton $50.00 Minimum Semi-trailers, Dump Trucks and Trucks Larger Than Pickups Posted Gate Rate Special Item Disposal -.IESI Fort Worth C8~D Landfill Tarp Charge for Improperly Tarped Vehicles -State Regulation $25.OONehicle Automobile /Pickup Tires (NO Rims) $15.00/each -Limit of 4 Truck Tires (NO Rims $30.00/each -Limit of 4 Special Handling Charge (rootbatls, etc) $5.00 per load Page 38 Brush Processing -IESI Fort Worth C&D Landfill Grass & Leaves only (Customer to de-bag on site) $15.00 per load Colleyville Residents $7.65/cy $52.00 Minimum THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL AT THE IESI MINNIS TRANSFER STATION Lead Acid Batteries, Used Oil Filters, Tires, Liquids, Pesticides, CFC, PCB, Regulated Hazardous Waste Note: Disposal rates set forth above apply to Colleyville residential customers only; schedule is not applicable for commercial contractors. Special Collection Charges Brush Bundles pick-up exceeding the contracted four (4) bundles/pickup $2.50 per bundle Per Cubic Yard of Bulky Waste charge exceeding the four (4) cubic yard maximum (length xwidth xheight / 27) $9.00 per cubic yard,_$48.OO~minimum Page 39 EXHIBIT "C" PERFORMANCE BOND Page 40 EXHBIT "D" SURVEY QUEST{ON The following question will be used in the Citizen's Survey regarding Trash and Recycling Collection Services: "Since the new contractor began service in August 2007 has your experience with trash and recycling collection been excellent, good, fair or poor"? Page 41 ;~a~~. ~ `~~~~ ~' ~ City of Colleyville r~::~ Agenda Briefing File Number: File Type: Pre Council Version: 1 Agenda Date: 08/05/2008 Requester: Building Inspections Agenda No.: PC-3 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Status: Pre Council Controlling Body: City Council Final Action: File Name: Discussion of an amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-08-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 Attachments: May 6, 2008 City Council Briefing.pdf Ordinance 0-08-1677 History of Legislative File Version: Date: Acting Body: Action Text: 08/05/2008 City Council Title Discussion of an amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-08-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 Explanation This item is provided as an opportunity for Council discussion to consider possible modifications to the City's high grass ordinance. The requirements were amended this past May reducing the height of uncultivated grasses from twelve (12) to eight (8) inches. Staff is recommending the City Council amend Chapter 18, Section 42-31(b) by allowing undeveloped and/or accepted subdivisions with residential building activity to keep grasses to a maximum height of twelve (12) inches. The Council amended City regulations at the May 6, 2008 meeting providing for the height of grasses being reduced from a maximum of twelve (12) inches to eight (8) inches. The focus of the modification was to address fully developed properties in residential areas. The Council work in approving the modification was to allow staff to a quickly initiate possible nuisance abatement actions, thereby reducing frustrations of adjoining property owner's perspective of "it taking so long for the City to get the property mowed." Unfortunately, in our broad writing of the modification, we inadvertently involved large open space properties. While not intended, the application of the ordinance adversely impacts property owners of large tracts of property used for such things as animal grazing, undeveloped properties in general and even subdivisions still enjoying housing construction. The proposed modification would not impact commercial properties (maximum of six (6) inches in height) or those properties with a residence located on the property. The broad application of the ordinance was brought to stafFs attention proactively by one of the City's developers. City of Colleyville Page 1 Printed on 8/1/2008 Agenda Briefin_g Continued Attached is the May 6, 2008, staff briefing and the adopted ordinance, which amended the grass height from twelve (12) to eight (8) inches. Staff enforcement of the high grass ordinance would continue to not apply to those properties where natural grasses, wildflowers, etc. are planted and or maintained by the property owner. City of Colleyville Page 2 Printed on 8/1/2008 ~'~~ 100 Main Street .~ City of Colleyville Coll ($~i~) 03X1ooo o~ ~•~•~ Agenda Briefing www•colleyville.com File Number: 0-08-1677 Version: 1 File Number: 0-08-1677 File Type: Ordinance Agenda Date: 05/06/2008 Requester: Building Inspections Agenda No.: 5f Final Action: File Name: Approval of an amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31 (b) Ordinance 0-98-1101 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-017 Attachments: Strikethrough Information Ordinance 0-08-1677 History of Legislative File Controlling Body: City Council Version: Date: Acting Body: Action Text: 04/15/2008 City Council 05/06/2008 City Council Title Approval of an amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-98-1101 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-017 Explanation Second Reading and Public Hearing No one spoke regarding this request at the April 15, 2008 meeting. First Reading and Public Hearing It is the Code Enforcement Division's goal to create and maintain a safe and healthy environment through the reasonable enforcement of City adopted codes and ordinances. The department encourages voluntary compliance of code violations through community education and by appealing to civic responsibility. Currently the City's weeds, grass and uncultivated plants regulations states that a person commits an violation (i.e. code violation) if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not cultivated exceeds 12 inches in height. The aforementioned ordinance also establishes that once a City representative (e.g. code enforcement officer) identifies a violation of this section of the ordinance that the City representative will notify the property owner in a manner established in this ordinance giving the property owner ten (10) days after the notice is received to abate the violation. Status: Second Reading City of Colleyville Paget Printed on 5/2/2008 Agenda Brieflng Continued (0-08-1677) This current combination of staff having to wait until the grass is 12 inches high and then giving notice that the property owner has another 10 days to actually mow the grass is a source of frustration for many Colleyville property owners who abide by these ordinance regulations. These same Colleyville property owners expect all other property owners to comply with this ordinance and expect staff to be diligent in expediting its enforcement. Staff is seeking City Council approval to change our current ordinance by changing the requirement to mow weeds, grass and uncultivated plants that exceed 12 inches in height to require mowing weeds, grass and uncultivated plants when they exceed 8 inches in height. This change will enhance staff's ability to more closely monitor and better enforce the intent of the ordinance. The City Attorney is in agreement with the 8 inch requirement. Note: Currently in the City's Code of Ordinances, chapter 18, section 18-320(4) in article IX entitled "Vacant Commercial Buildings" it states: (4) The landscaping on the property shall be maintained as would be expected of an occupied building. Landscaping required pursuant to city ordinances shall be maintained and/or replaced as necessary to maintain compliance. No grass or weeds shall be allowed to exceed six inches in height at any location on the premises, including the area adjacent to any poles or fences. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 5/2/2008 Strikethrough Information Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of ~ 8 inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of -1~ 8 inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not cultivated exceed ~ 8 inches in height or if weeds, grass or uncultivated plants in excess of -1-~ 8 inches are allowed to remain on such premises after they have been cut. (3) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed ~ 8 inches in height or if weeds, grass or uncultivated plants in excess of ~ 8 inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass is kept mowed to a height no greater than ~ 8 inches for a distance of 100 feet around the entire perimeter of the tract. (c) Abatement. (1) The city manager or his designee is hereby authorized to give notice to the owner of any property which is in violation of the provisions of section 42-31(b), instructing the owner to abate the nuisance. (2) If the owner of the property does not comply with the provisions of an abatement notice issued by the city manager or his designee within ten days after the date the notice is received, the city manager or his designee may: a. Enter the property and do or cause to be done the work required to abate the nuisance; and b. Pay for the work done and charge the expenses to the owner of the property or assess the owner a weed abatement fee in accordance with article II, section 2- 26 of the City of Colleyville Code of Ordinances. (3) The notice must be given: a. Personally to the owner in writing; or b. By letter addressed to the owner at the owner's last known address as shown on the city tax rolls; or c. If personal service cannot be obtained, or the owner's post office address is unknown: 1. By publication at least twice within ten consecutive days; or 2. By posting the notice on or near the front door of each building on the property to which the violation relates; or 3. If the property contains no buildings, by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (4) Notice will be deemed to have been received: a. For personal service, as of the date the notice was given personally to the owner; b. For mailed notice, three days after date of postmark; c. For notice by publication, on the date that the last notice was published in the official newspaper; or d. For notice by posting, ten days after the notice was posted. (5) In the notice of a violation, the city manager or his designee may inform the owner that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. (6) If a violation covered by a notice under subsection (c)(5) occurs within the one- year period, and the city manager or his designee has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by subsections (c)(2)a., b. and assess the expenses as provided by section 42-31(e). (d) Property under development. (1) Before any application for change of zoning, platting or replatting is accepted, all liens and charges arising under the terms of this section shall be satisfied and all concerned properties shall be in compliance with section 42-31(b) hereof. (2) If the city has issued a permit and the property for which such permit was issued is in violation of section 42-31(b) hereof, the city manager or his designee may revoke the permit until such a nuisance has been abated. (3) Such actions shall not defer any other remedies or penalties which may be applicable under this section. (e) Assessment of expenses; lien. (1) All expenses incurred by the city to abate high weeds, grass or uncultivated plants, including the cost of giving notice as required, shall initially be paid by the city and charged to the owner of the property. If the charge is not paid to the city within 30 days after billing, it will become a charge against the properly and the city may file a lien upon the property. (2) To obtain a lien upon the property, the city manager or his designee shall file a statement of expenses with the county clerk for the county in which the property is located. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. (3) The lien shall be security for the expenditures made and interest accruing at the rate of ten percent per annum on the amount due from the date of payment by the city. (4) The lien is inferior only to: a. Tax liens; and b. Liens for street improvements. (5) The city may bring a suit for foreclosure of the lien in the name of the city to recover the expenditures and interest due and in said suit the statement of expenses or a certified copy of the statement shall be prima facie proof for the expenses incurred by the municipality in doing the work or making the improvements. (f) Penalty. An offense as defined under section 42-31 is a misdemeanor punishable by a fine not to exceed $2,000.00. Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (Ord. No. 0-98-1101, § 3, 9-1-98) ORDINANCE 0-08-1677 AN ORDINANCE AMENDING CHAPTER 42, SECTION 42-31 (b), ORDINANCE 0-98- 1101, WHICH ESTABLISHES THE CITY'S REQUIREMENTS FOR WEEDS, GRASS AND UNCULTIVATED PLANTS IN THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville establishes requirements for weeds, grass and uncultivated plants as authorized by Chapter 42, Section 42-31 (b), Ordinance 0-98-1101 and it is desirous to update those requirements; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all 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 from and after the effective date of this Ordinance, Chapter 42 Section 42-31(b) of the City of Colleyville Code of Ordinances shall be revised with the following deletions and additions: Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of eight (8) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of. eight (8) inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not Ordinance 0-08-1677 Page 2 of 3 cultivated exceed inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (3) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass is kept mowed to a height no greater than eight (8) inches for a distance of 100 feet around the entire perimeter of the tract. Sec. 3. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31 (b) of the City of Colleyville Code of Ordinances shall be revised follows: Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of eight (8) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of eight (8) inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not cultivated exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. Ordinance 0-08-1677 Page 3 of 3 (3) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass is kept mowed to a height no greater than 8 inches for a distance of 100 feet around the entire perimeter of the tract. Sec. 4. THAT the effective date of this ordinance shall be the date of its final approval by the City Council. AND IT IS SO ORDERED. ~~ The first readin and ublic hearing being conducted on the ~~t=? - day of 9 p 2008. he second reading and 2008. public hearing being conducted on the ~ day of ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: l)'). ~n CITY OF COLLEYVILLE David Kelly Mayor Matthew C. G. Boyle City Attorney „ t,, J~ ~' City of Colleyville City Hall i~ ',~~ ~ ~ 100 Main Street ~- Colleyville, Texas 76034 ;,°~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 08/05/2008 Requester: Office of the City Agenda No.: PC-4 Manager File Name: Discussion of City Manager Search Process Controlling Body: City Council Final Action: Attachments: How to Hire a Municipal Manager or Administrator: A Guide for Colorado Municipalities History of Legislative File Version: Date: Acting Body: Action Text: 1 08/05/2008 City Council Title Discussion of City Manager Search Process Explanation This item is provided as an opportunity for City Council discussion regarding various work activities in support of the recruitment and selection of a City Manager. In consideration of the City Council beginning the selection process, it is recommended the City Council identify a date, time and agenda items for an initial worksession. Included with this briefing is a report prepared by the Colorado Municipal League, "How to Hire a Municipal Manager or Administrator", which may be of interest as the City Council begins the selection process. For several months, Pre Council meeting agendas will include a discussion item to provide for updates and discussion of the process. City of Colleyville Page 1 Printed on 8/1/2008 ~~. s # ~ ~ .y~ ~, ~ ~ r .,~ x~ ~=~;N } h. ^y~o~~ _. ~ ~ K. rn'F'~ .. ~ ~ sS: ~ ^ v ^~e~atT7'~'~ ~/ ~ _ _ ~'r, ~~L. r '` ~ ~' '. ~ :: ~ a' r r~ 4 Jr .~>s ~~ r - ~~~ ~~'~ ~` - ., ._ ... _ .,. ... ~ ~ k .. ,. ,. ~ .. r. - . r .% };, ... ~ ~_ 1. :i i ~~~~~~~ ' ~~ ~Ir. ~ ' ! _, I ~ r~. 1 t 1 ~1A4 sherma~ St. ~ llettYe[, CA ~ BOZi-ZZ07, ~ [3031 X411 ^ w~ww.cml.mrg I How to Hire ~ __ ~ ~ ~ _ x sv~~_ -~.,~~. a munic~n~ Order Fo>!•m How to Hire a Municipal Manager or ~idministrator Due to the nature of llr~tit~ to 1/ire a :Ulu~ric•ipnl ;l/cir~ag~er nr ; t~(nri~ri.~~n•atw; it Gvas not automatically sent to all municipalities. The first copy requested i5 free of charge. Extra copies may be purchased at the fc~llow- i ng talcs: )'rice Q„amity Total For member nnu~icipal of)icials 4+2(1.00 F'or associate members X20.00 ' :x I for nonmembers $40.00 Fc~r Colorado state government otTiccs $20.00 Subtotal Add tax* (Dem~crresidents add 7.6°4, sales tax; all others in RTD, 4.1%; all others in Colorado, 2.9°-~) * ar tax-exempt number:`_ Add postage and handling (5°;, of subtotal) r 'Total enclosed Send publication to: Rcturrt this form and )our check to: Colorado Municipal l.eaguc Ild4 Sherman Street [)cover, CO 802Q3.22t)7 Foreword his publication provides a general a•~~crview of tf~re prose-ss for selecting ar7d lririn~ a new- city manager. F3ecause the sucec,ss and gro~~~h of the community depends on hay in,~_ ~~ good manager, tilling the shoos of a departing manager ran be extremely stressful. hallowing Borne basic suggestions and guidelines in this publiration can help ensure that hiirint~ decisions are made only after weighing the possible aiternatives sand outcomes. The key to a successful transition to a new manager is organization and cooperation. "Clue temptation always exists to make hasty decisions because same of the steps seem tedious. 1 towever, a community should take careful steps to reduce the chance of hiring the ti~rong per- son far the job or overlooking the right person for thc~ job. The more a council ri;cognires and avoids the pitfalls, the greater the chance that along-term, productive relationship with a rlcw city manager will develop. While this publication focuses on hiring a city manager, similar processes can he used for hiring city attorneys, department heads and other key personnel. Far the sake ofbrovity, the term "council" is used throughout this publication to describe city councils or town boards of trustees, and the term "manager" is used to describe city-'town managers and administrators. T`he purpose of this publication is to provide local goverrlrnents with basic irifarrnatinn and a general framework of hiring practices for city management positions. 'T'his is not intended to be an all-inclusive hiring manual. lndeod, valurnes can and have been written on the subject. This publication breaks down the stages of a typical selection and hiring process and iden- tifies strategii;s and points to consider along the way. Individual local goverrunents will experi- ence factors unique to their communities but should be able to address therr~r with grater clarity if already prepared to deal with the common issues and challenges. Finally, the appendices provide local governments with additional information to use in the selection and hiring processes. Several individuals "in the field" gave input and suggestions, either directly or indirectly, that vastly unproved the scope and accuracy of the ideas in this publiration. C`~~1L is,7r-atefi-il to them, as well as to our Communications Manager :~Ilisan 1_.orkwood, w-ho assisted :zre.atly in packaging this final version. As always, CML welcomes your comments and sLr~rgestions to improve this and other League publications. k;evin Bom-7~er Technical Sor<~ices Coordinator Celorada Municipal League ~'t7t.,pRr1bQ 1'~C-~ICIRar_ t.F;A(ir;E ~ntraduction A unique opportunity simple explanation of the relativnslrip bet~~.~een the n~<rna~,~~;r and the council or r~oard might be that the council makes policies and the city manager is reshonsibie for iml~~le- mentation of thaw policies. ~~owever, the actual relationship is much rnure cornf;lex arrd dynamic. The manager and the local government's council or hoard must work to~etlr;r in a clearly defined, cooperative relationship. Hiring a city manager is one of the most important responsibilities of a city cc~urrcil, i•he process should be undertaken with a great deal of energy and judgment. Managing a city or town is a uniquely challenging job. The effective manager is skilled in making the sum of a local government greater than its many parts. The manager trust know how to work in an atmosphere where change is as constant as the demand for good government- The manager must understand the politics of the local government in which he or she works, and how misjudgment or error can make the difference between running the town and being run out of town. Lilo a referee, a good city manager is usually not noticed when he or she is doing a good job. Though, if the tides change, the manager can become the center of a eery unpleasant uni- verse. Therefore, when a manager moves on -far ~i~hatever reason -the cit}' or to~~n that mast replace him or her is faced with both challenges and opportunities it should not take. lightly. Establishing a thorough process to hire the new manager can make all the dit~erence in finding an individual that matches what city leaders and the comm>,uuty expect of their city manager. `~, ~{t,R' lift ~t1R}..:'1 till '~iClr'J~ ..°vtA4.'~l f'K C%tZ :`t ,t^.-t;ilr.~i~'r2 Table of Contents Section One: Preliminary Steps .........................page 5 Section Two: The Selection Process ......................page 9 Section Three: Arrive at a Final Decision . . ................page 15 Section Four: Using an Executive Search Firm or "Headhunter" ...page 17 Section Five: Open Meetings and Records Law Considerations ....page 19 Bibliography .............. . .......................page 21 Appendix A: Sample job notice ads ......................page 22 Appendix B: Executive search firms .................. . ...i:~age ?_4 Appendix C: Sample job descriptions ........ . ............page 2S Order Form (_~C3L0FL~iDO 1IG~IC-P~~1, I,E,A(iGli Section One: Preliminary Step firing a city manager can be a stressful time for a council and the cornrin~nitv..-~ 1-,c~riod of uncertainty goes with the void in the top rnana~rernent of the cornmur~ity~ 1~~ith unci;r- tainty may come p-•essure on the council to "plug the, h~,~le quickly,"`~;~r the ~:ake of ~ay~- ing it is plugged. I•iowever, it is crucial that councilmernbers not suecurnb to the temptation to fill tine ht~si- tion quickly simply to accommodate an imn~rediate transition from one city r~~anager to the next. It is vital that councils take their time to find the right pc;rson for the jol~, while ensurin~.~ the process moves forward on a predetermined schedule and that the city can be cornpete~ltly rrtn during the transition. If the process is confused and unorganized, potential qualified candidates may be discour- a~~ed from sr.rbmitting their names for consideration. In the end, good planning b_y the council acting as a cohesive unit can help ensure a good match for the community. The following steps are generally accepted as the best way to approach the period before a manager is hired:' 1. Select an interim manager to make sure the business of the city continues uninterrupted. 2. Start the recruitrneni process as soon as is practical. 3. Decide how the vacancy will he announced. 4. Get a summary of current activities ar~d projects. 5. Deter key decisionsiactions, if possible. Keeping the city or town running smoothly Unless the current manager will be staying until a new manager starts, the local govern- ment is faced with the need to ensure a responsible individual handles the dai(v tasks involved with managing a city. •I'his is generally accomplished through the selection of an interim cite manager. Depending on t}1e size of the local government and its stag, there are <tt Icast two opti<~ns to consider in appointing an interim manager. Council can designate a current staff member as interim manger. Candidates could include the deputy manager (if one exists), a department head, or another key staff nrernber in whom the council is willing to plane. its trust. Council can bring in an individual frt~am outside t17e current city staff. I~:xar7~pl~s rni,~rht include retired city managers, etmsultants, qualified ir;diviift~als #r~?m rt i_~l~tl~rlt:i1~., ~:;unrrrnuiities, or st~meone within the community. It'A4A publicatir~n `:'~ t:G.~ur~cil may decide to delay the hiring process if there is an ut:;,o~ning electic~^ iu tl.c rear f~,~.ire. ~, ..::~.4~ ~ ~ +. c;l r , i • _,_:~:•~a someorc diffcrc~nt dean the preceding council, and the precedinE council shoult! tie wiilinP.. to rser. this p=~na. It is -~til( ~ip~ri=h~c• ic~r the current council to appoint ao iutenrrr manager and set f~~rth a timeline f;,u hinny a rtcta n.~na~~er. CL,)t.C)HAIIO ;1'tG~ICIR11. LF,1GC,b. Who will be responsible for recruiting management candidatES? Roles and responsibilities for the recruitment of city ~73anager candidates ,oust b~: ci<a; I•~~ dr;fined before the vacancy is announced. There arc; three basic n3ethods to recruit a po~>1 of candidates for the position.'' 1. The council can conduct the recruitment with staff assistance. ?. The council can completely outsuuree the recn~itrrunt to a party that specializes in management recruiting. 3. The council can conduct the recruitment cooperati~>ely with an outside party. To determine what approach is best for its community, a council should consider ho~v quickly the position needs to be filled, the size of the co~xrmunit~~, the time counci!rrten;bers have to deviate to the search, and the budget for recruitment. If a council has the resources to bring in an outside party, this option should be cunsiclere d. Cxecutive search firms will work with clients to jointly determine the best candidates, but the local government will retain its ultimate control and power in the decision-making process.:1 goad search firm will act as a resource for the council to make more infi~rmed decisions about the recruiting process and the eventual selection of candidates. A partial list of executive search firms doing business in Colorado is located in r~ppendis B, and Section Four addresses search firms in greater detail. Other participants in the recruitment The council may want to include others in the recruitment process. It is advisable that the functions of'these groups be clearly delineated as "advisory" to prated the role. of~the council as the only body with decision-making authority. Other participants may include citizen cumrnittees and municipal staff'.:~dditionally, the local media will no doubt be interested in the progress of the search. It is iml?~>rtant ~to comi~~u- nicate and cooperate with the media, but confidentiality (particularly of the applicants for the position) is important to the extent pern~itted by law. What are the needs of the community? Crucial steps to hiring the right person are conducted even before anyone is intervii-.c~:ed. ,~~ local government should tirke a few preliminary steps before a jc±b arlvertisement is ti~ritt~:n. l~7one properly, these steps should drive what goes into the position annauncernent. 1~~he council should meet to deterx~~ine dvhat prii:~rities then have for the cc~rnrnur.~it~.~. The a7uncil should agree on an ideal prufife f~~r a niw ri~anager in t~r~i~wr to achi~~~~ t}~~.::. priorities. Create a profile° Tp create a profile of the ieleal rtlantrger, the council shr~uld include but neat be lilriited to the fullowir~g criteria: 'IC:wtA p~.~Filication '~'ir~init~'vfunicipal Lta~ue E1c;w to I~~ihF .~, 11~ :~z~m:~~ 14,;~~ , ~ ;i~ ~ .c ., v . . I'ositian description: the exact d~ltics and respc,nsibilities of the nranagcr Base salarv tilinimurn criteria for experience ar~d edueati~m Specific skills and expertise ?~~Ianagement style Local, state or out-of--state experience (local versus national searehj Position description A local government should know ~v}tat it etpects of its manager and express it through ~~ clearly defined position description. The description may be general or detailed. .~~ detailed description play include duties, departments the manager oversees, policies the mana`Ter ~~~ill implement and relationship with the council. F.,xamples are available in Appendix C~. Base salary Determining compensation can be one of'the more challengin~~ aspects of the recn~itrn~nt process. On one hand, the council does not want to extravagant)}~ spend the people's money }>y setting the base salary too high. I-Iowever, the council also cannot be too frugal arld set the bar too low or quality candidates may decide not to apply. The council will need to determine - ar get help to determine - ti~~hat is the. average salary for a manager of cities or towns with similar characteristics. "C'he council alsc~~ needs to be cau- tious that it is not being unreasonable in the base salary it determines. It is advisable w check with the state municipal league or other sources to establish a reasonable salary range. "Che Colorado Municipal League publishes extensive annual salary and benefits surveys that are list- ed in Appendix C. One way that local governments can allow themselves flexibility is to inchide as part of the _job description that the salary will be "commensurate with experience." 1-IowevGr, it is still a Good idea to include a base salary so applicants will have some idea of the potential salar}~ range. Elements for establishing a base salary might include: 1. Financial condition of the local eovernment 2. Salaries of department heads 3. Previous manager's compensation =4. Salaries of managers in similar c~'nnrriunities 5. "I'11e market rate for local CFO's in the private sector Experience and education The council should establish a minimt.3m level of experiencE a:~rl education, C~c~r~~z~; 1.l}. it is not a good idea to consider individt~~als w}ro do n~°at have l~~revious 1<rv~~~l~~ov~~rr~n~~;ni L~l~eri~tncc~ ~~nd tivho do not possess at least a bachelor's degree in a related field. In f""act. it i5 5a~t~c!ar~i f~~r local governments to require previous local goven~ment experience an~~l cr,nlpl~~rit,n ~~f ~~ gradiiz~te degree. COLC1k.~~UC) !~~tl'ti1r,1YA1. 1~~:AGI-E Specific skids and expertise I3eyc~nd the basic skills required of a city marrz~~c~r, ti~r~; local ~o~ernrnent rni~~ht r~c{~air~e additional specialised skills. It is impc7rtant t~~r the corurc-il to consider future needs, a5 ~~-ell as current needs. Examples of ditTerent levels ~.~f experienc:c appear below. Core skills/experience Commonly needed experience I3udget/Finance Personnel Management Council relations Specialized experience Airport Electric & gas utility College community Racially diverse community Resort community Management style PlanningiLand use Econ~~~mie development. Redevelopment "I'ransportatiorvPublic works ~'ateriSe~~~er utility tabor r~aationsrCollettive bargaining The council must have a clear idea of the management style it wants irr its new manager. The vacancy o#~ers the council the charree to change the way the city is managed or to ai'firm the status quo. Management style has much to do with the way a manager works tivith the council and subordinates, the relationship of the individual with the community, h<nv he or she handles problems, leadership ability, visibility within the organi-ration, and approach to decision- making. Geographic location A council may decide to go outside «f its area to recnrit talent for fresh ideas ~rnd ne~~ ~ipproaches; or there may be a predominant interest in hiring locally so that ttie new n~~ir~a`,~r will not have to "learn the ropes" of the political and social makeup of tl?e ci~>r7~rl~unity. "Ciae c~.~uacilmen~ibers also may want to hire; <r persim far7uliar to therm. I-lowever, there are advantages to hiring someone from outside the area. ~hhe ct~urtcii rr~a}' be looking for fresh ideas and innovative approaches to local giwernrtl~nt or ~~rn indivi~lu~.~l ~~.l~o may ha4~e knowledge of specific situations that corrununities in other states ~na`~' ha~~t alrr-a~iy experienced. ____~ "~ ixs*ir.ira Mur7ieipal League publican<~n ~ Ffo.v ~r,'i IIIxr ~ ti1i;~>,~ciP,. `1 ~r<:~~ ;~~t 1 ~;s~~ ,. ',~z Section Two: The Selection Process Establish a timeline and publicize the apening C)nce a local government sets the criteria it wants irr its nev<~• manager, tl~e c{;ur,cil must L°stablish a realistic timeline for the s4lection process.:1~*,~:in, it is important that the process move forward at a steady pace but without undue ntsh. Each local government must determine the best way to narrow the Held of candidates down to the best choices. Below is a standard list of tlic steps to build a list of candidates, which is then reduced to the hest chore for the community. It is imperative that all the steps are planned ahead of time but that some flexibility he built into the process. This allows the council to adjust the process slightly should unforeseen cireurnstances arise. At this point, the process will filter out candidates. All applicants start at step one. C)nly candidates who meet the criteria established by the council will pass through each of the filters. Steps to build a candidate fist I. Advertise/recruit 2. Screen resurnt/s 3. Check references 4. Interview candidates ~. Follraw up duestions (written) Advertise and recruit Advertise "I'he council will need to advertise the opening appropriately. The. Colc;rado tilunicipal League ~Iob Fi»d~r, the iCMA newsletter, and the National League rrF Clti~s ~~•tekly nc;u~spaper are good places to start. Advertising in the classified section of the local or regional ne~~spaper also is common. Advertising in widely circulated publications is likely to prompt additional applications, although many will lack desired levels of education and experience. 1n addition, tlAere are opportunities to advertise on various Web sites -including the municipalih''s o~vn site. The council will need to detern~ine how broadly or narrowly it wishes to arivertis~;. Important elements to consider including in the advertisement are: A brief, attractive description of the city or toxin, including population, and an tw<.r~~icr, of the organisation, including number of employees and budget. Ivlinirnurn regt~tirements for experience and education. • A saldr}~ range, which may include "commensurate ~r~~i~tl1 exl~;~ri~rr;et," i f` clesirtd. .~'~n application deadline of no Ir;ss than three ~~~e~k~s ~znd no snore tt7 tn~~i1>l;t ~~~.c~eitis. It is important to keep a record of the resumes receitied and al:~; t<~ ~~nd a i~°t?~_r tra ~:anclidates ackn~~vlcdging receipt." _. -- _. ^virginia',1lunici~ai t.,e:~~;u~.publi~r~tior., p.6 (..OL(iR:~C>('> l~jl:V1CTFAL LEA(iGE ~1 Recruit 1n addition to advertising for the position, a local gcwe.rnnsent or a recruiter n:ati~ also ~~sk desirable candidates of whom they are aware to apply for the position. This -~ay is~sprave the overall field of candidates. Many local governments hire the services of an executive search firm, i~ften referred to a, a "headhunter," to enhance the applicant }pool. While otters effective, executive search firms can be expensive. Local governments must weigh the ciasts and Iaenetits of using an executive search firm with the overall criteria established for the position to determine if outside assis- tance is needed and the extra expense is justified. Again, Section 4 examines the pros and cons of using executive search (urns. 5snall anti large communities alike can use other methods to recruit, including: • Direct mail -send job profiles to prospective candidates and others «-ho can spread t},e word of the job opening among the management profession. • Word of mouth -call or visit with individuals you would like to apply or ~vho have contact with people in the city profession. It is important to treat those who are recruited in the same manner as those who respond tea the job listing. Confidentiality is paramount and should he maintained to the extent pens~iissible Liy the law. Screen resumes Thinning a large pool of applicants into a smaller group of especiall}~ qualified applicant; can be the most challenging part of the process. People use a variety of different st}°les to explain their employment and education history so it can require some effort by those readin,~~ the resumes to rate individuals against one :mother. It also is difficult to determine an individ- ual's nsanagernent style and other traits that will be important to the position.' One strategy is to have several people read the resumes and recorY~mend tivhich applicants should continue in the process, which are "maybes," and which should not continue in tiie process. Criteria far reviewing anti scoring resumes might include: • Experience • Education (duality and clarity of resume and cover letter f~ength of time in previous positiians `The number of applicants should be reduced to a n~sanageable size; tlse e.kact s;ur,iber jai ~~,rill depend on the community. The council shossld then determine hcati~~ nsarry rcople it ti~~ai~~ts t~~ interview and use a further review of resumes to reduce the field, The council should decide if all rnensbers will participate in the re:;urs~e screening, ~~r i ~. the screening will be delegated tea a smaller subconsrnittee, and wtsether or not to ir7ciisde st~rrt r7 the process. St~rrse local governments like to involve the stat~f in the x-mire hT~~~~~~ ~s, x~, ~~t~zit~ members often see candidates ditfer•ently than council rnemhers. ~~ti9L Publi~3riUn, p. ~{~ (~~)W To I'{li±t. A ~11"1tiH:;IPAI. ~rA^;:4i~i'R Uit r~ t ., C~~T~ ~.C'ia FZegardless of how r~strmes are scree~neei, it is impar~tant for screerrers t~~ cornp~ire e;rch applicant with the ideal profile developed earlier. The council may wish to use a stanclarclized f`orrn or process to review each resume, but the vital factor is to maintain discipline ~o that ail applicants are judged against the same criteria. Reference checks prior to interviews Some comrx~unities use reference cl~ceks to further screen candidates prior to interviews. "i'his has the potential advantage of saving interviewing tune for both the applicant and council. 't'his practice may eliminate individuals who, based an the checks, appear unsuitable for the position. When possible, reference checks with individuals other than those listed by the ear~didate are often mere useful. Councilmembers, current staff, or an executive search firm Cori perform independent reference checks. Through this process, it is passible to reduce the number of individuals to inter~~iew do~~rn to a few. Small town councils, however, may find this step too time consuming. They may not learn much from this step and afterward may consider it to be not the best use of the members' tune. Telephone interviews (prescreening) Regardless of who will conduct the formal interview, it can he helpfiil to contact each individual by telephone prior to arranging the interview. Since Phis may be the first time the candidate speaks to his or her potential employer, this step either can he used to confirm the decision to ask the candidate to come for a formal interview or to identify potential liabilities that did not came up during the reference checking process. If there appears to be no problem with the candidate based on the telephone intervicu-, then the formal interview by one of the following means can he scheduled. Prepare for the interviews Cauncil must prepare for the interview process to obtain objective information about each candidate. The questioners should agree on the method to conduct the interviews and that each candidate will be judged equally. With the profile established earlier in mind, the Cauncil tihor.rld develnp questions that Evii) }yelp determine haw the candidate measures up against the profile. Again, the council mad ~i;:nt to dc:velap a standardized form for questioning and scoring the candidate. Interview the candidates It is suggested that all candidates be interviewed individually in orTe day and that rl2anagcable, reasonable schedule be established to accommodate that. Candid~rtes should b~. contacted once an interview schedule has been establisl~ied. There should be su,fTicicnt tint beteveen noUficatirm and actual interview date ua allow candidates from c>trt of" tocti~n to .u rar~_e their calendars. This allows candidates to participate with "atle.i:{uatt~ prep~xrat~c~ir t'sri~e~i,~ci their t.ll;;,llVlded attent:Orl. Prior to or while an-anging interviews, tl,e c:rndidatC :,17ould he sent the f<rllc~~~ ~r~r ' ~ ir:~: Ctii.«u.~i~o M1Tc;a~ci~.a~,. l.k:~ci~~~: More detailed background inCi~rrnatirm ab~?tit the city organilati~7n - linattcial aatus, organizational details, personnel p~alicies and otl-~;:r related material Background information about the ec>r,ununity ~'~sl~ising, schc~nls, anal she~conornic conditions The city's p<alicy on reimbursement of travel e~p+:nses • The method by which the can~:Iidate will be i~iter~~iewed The last item involves a decision to be n7ade by the council. The council mint detern~iite ~~~hether the interview will be conducted by the council, a screening committee, an assessment cc;nter or some combination. Interview by council Council interviews are the most frequently used method of paring dc~>wn the field of candi- dates to one individual. The purpose of this interview is far the council to ask the applicants specific questions about his or her background, achievements, management style, disposition, responses to hypothetical situations and other related topics. In addition, the council can atisess the c~rndidate's management style and personality. The council should decide if an interview instrument will be used or if the intervie~~~ and subsequent ranking of candidates will be more subjective. If an instrument is created, each applicant should be interviewed using the same base questions with a predetinc:d method for scoring This ensures that each candidate is fairly compared with the others. One or more follow-up interviews can be an•anged, if the council feels it needs m1~re infor- mation. Finally, iC is important for the city's representatives to be well or~.~anized during.; the inter- view. I~rot only is the council assessing the candidate, but the candidate is also rising the c~h~eri- ence to assess his or her potential employer. Assessment centers s Although used less frequently in hiring managers, the assessment center is an option avail- able to councils. An assessment center places applicants in situations ~t~here they are role-play and participate in other exercises. The council may participate in the exercises, as well. When an assessment is used, most municipalities also will have an interview with the council similar to that described above. The benefit of the assessment center is that the council is able to I~~a.rn more ab~?ut tl~~~~ nr~na~~errtent candidate in the role for which he or she is intervie«~ing. C'lem~nts ~?f rho. candi- date's style, demeanor and decision-making skills are exposed, which can till+~~~~ the c~.~un~.~i1 to cornpa.re each candidate against a predefined description of the ideal manager_ Thera are cautions t~.~ use of ~~ sessrnent centers. They arts inters<led to ~~~tilire valid and reliable testing methods, but they are expensive, take considerable prepar;~tion Time, d~-rn~~nd ri lot of time of assessors and candidates, and should only he conducted by trained pr~afes~ionals w~~ith valid rc.fere~lces and credentials. '"T'~:<,:ts h~ur~icipa! I_i„~scur puk+licarinn 1~ }d:~~~> ~t.:~ 3~~nk:ro ,`~1~ ~;ci~s~t.:~in;,:,~~ ,,_ ~.s<,r~ i .,,.. Community involvement Sorne local govenuneuts may tivish to invite selected rr?ernbers of the cun~r~iunity to ~~isit ~~~ith rnanage~ment catdidates. Community rnemhers may ;:_ven be asked for their recorttrnenda- tion based on their visit with the candidate. Regardless, carefirl thought should occur before inviting metnbers of the community to visit with prospective candidates. If a carnrnunity intcr- vievv tivill occur, the candidates should be aware ahead of tirxle. And the role of the cc~n~nai_,nity members should be established and communicated to the candidates. ~~/hile community interviews can be beneficial, they present the potential disadvantage of rernovu~g tl~e council's sole discretion in hiring the candidate it deems best for the community.' Staff' interviews ~tvhile existing staff should not have hiring authority, meetings between the candidate oral existing staff are often helpful. "the meetings are an opportunity for both the candidate and the council to determine a proper fit. Following the meetings, the council should take tithe to visit with staff members about their impressions of the candidates. Follow up questions An additional screening tool the council may decide to use is a set of follow up yrrestiorts for candidates to respond to in writing. often, a council rrtay pare down its candidate list first. and then send the questions to the remaining candidates. The questions should be developed ahead of tune with the ideal manager profile in rr~ind. The answers can be used to judge the candidate's writing skills, thinking skills and tl~e sub- stance of the responses. Image of the community It is important that the community put its best foot forward in order to make a ~7ood first in~~pression on the individual candidates. The city should make every effort to assist the candidates: arrange lodging, detail which e;.penses will be covered or reimbursed and arrange time to meet the candidates' spouses. C}tller events can be helpful The council may want to arrange tours of the cornrrrunity and incorporate social events like infor-rnal dinners or lunches for the individual c~rrrdidates and their fat11ll1t;S. Yubli~ ~-tan~i~emcrit rrza~;avine article, Nov. ~(iU~+, ~. !6 C~O1.C)R.~CtC) ~tC,'tiICIPaL t.t;.~(.il~B r ~ Section Three: Arrive at a Find iDecision Post-interview activities Once the interview andlor assessment process is or•er, the council naay have ~ char idc;3 ~~~~ho it wants as the local government's next manager. If ~<~, the council can move y~-iicklti~ tt~ mtike an offer and negotiate the details with that candid<ite. llowever, the council may wish to fijrther refine the list of candidates after the inter iews have concluded. Options include: A second interview More targeted background and reference checks Visiting the candidate's current community '° Reference checks If complete reference checks were not done prior to the interview, checks are definitely advised before hiring to avoid surprises, embarrassment and to ensure selection of'the best can- didate. Reference checks are often more reliable if the city can identify individuals known to the reference checker who have first-hand knowledge of the candidate. lnclividuals simple listed by the applicant as references should not be solely robed upon for background intonnation. Again, the reference check can be delegated to a councilmember, existing staff person or an executive search firm. Criminal background checks With the knowledge and permission ofthe candidate, it is advisable to conduct a criminal background check of any individual prior to extending any offers. The background check is vital for obvious reasons, and the council should conduct the nx~st extensi~~e check it deems appropriate. Making an offer When the council arrives at a decision on its first-choice candidate, it u~i}1 p~~oceed to male an offer, negotiate terms and likely negotiate an employment agreement. ilntil the candidate accepts the position, it is advisable not tc> announce the position has been fil}ed. ]f the candidate declines the i~f~er, the council rYeeds to be able to move u7 another candidate wit}tout that pers~~>n feeling like they are the second choice. Again, cor7fidenti,llity thro~ighotat the. ~n~cx~c~ti5 is ~>f },~~rt~- mount importance to the extent confidentiality is prescribed by law. ~1any factors will influence the way compensation offers are rt~acle and .~ct.L•ptt~tl. ~~!'exas A•funici~,~al 1_C3Li1C pubti~atif)n 'l°11L. publication„~. 13 CfrLOtt~~rst) ~1irv~~tar~.at. 1.,F~,nr,~t,~e 7; Factors affecting council offers Salary of previous manager Salary of highest paid staf~t~ member Current salary of applicant Focus an low end of salary range Factors affecting candidate demands Opportunity for a salary incre~~se Opportunity for professional gro~tith Perceived stability/volatility of positi~~~n Focus on high end of salary range Employment agreements Other aspects of a compeusation p: cka e itiirit ~aiay be negotiated include: Auto ai lowance 1-iealth insurance Retirement packar;e 'Moving cxI_?enses I'ernporary~ Irving e~pen>es (lousing allor~~at~ce Sever~:tnce t~rtns Many management positions include an employment agreement, which can give a rnanfig~- er areasonable amount of security through some sort of severance agreentettt. City management has historically been a volatile profession, often subject to changing political landscapes. '~~iany candidates will be wary of accepting a position that does not include some sort of employee agreement with severance provisions. Agreements also are beneficial to the city. The ternrs of the agreement help the community understand what is expected of the manager and the circumstances in which the manager may leave city employment. Expectations of what to expect during the employment at~d potential departure of a manager can be agreed to by the manager and council ahead cif time. A typical employment agreement will list conditions of employment and spell out turns of a severance agreement. if a situation ever arises in which the council decides it no Itmger wants the services of the manager, the severance agreement should provide a clear uncierst,:tnding between the city and the manager as to how he or she tivill leave and !trader ~;~hat terrr~s..•^~t a tune when emotions can run very high, having the ability to execute the terms of an ~:rnlal~~~y- ment agreement can keep the situation from becoming more troubling. tine unresolved item regarding severance compensation: It is possible that severance packages obligating the governing body to compensation I;~eyond one fiscal }'car tr~a}~ violate provisions of Colorado's 1992 Taxpayers Bill of Rights (TABOR:) arnendn~rent to the state ~:ontitt.rtion. I)ue to the specific language contained in employment agreements, r7~any cities ust their city attorney, or their executive search fine (ifone has beet? hirc;d), to neg;~tiate and titi-rite th~• ag.rec meat. Finally, snore detail on employrl~cnt agreements itt Colorado is av~rilablc; in thc~ l~i'~~ {;~'~fi. hlzblication "Management Agrt~:ements in C.olt~>r4tdo's ~1ln~iiciptrliti~,s ~rnd C.~~~,iir~ti~.a." tfi I~!'~u~r~sfil~r_[:,a'.i'~.u;t~a. >f.,`..t< r~~1c:, ~~ar~,tti;~~~:~~~aa Section Four: Using an executive search firm or "headhunter" he use of executive search firrrzs - otten referred to as "headhunters" -has becortl increasingly widespread. Local governments have nurrterous firms from which to choose. It can earnfort a council to know that trained, experienced professionals are putting trreir vast resources to work to locate the best management candidate. I-Iowever, them are dra~~~backs to using art executive search firm, and the decision should be considered carefully before one is 1~ired. Reasons for using an executive search firm `l~here are several advantages to using an executive search firm to clo an executive setirrch. Research and recruitment is left up to professionals Firnls usually have a netv<•ork to locate qualified individuals Firms may reach qualified people not actively engaged in a job search Council,'rnayor/staff have time for other issues Unqualified people are eliminated before they are interviewed at the city's expense tlpplications may be kept confidential for a longer period of time (see section on open records laws as they pertain to the release of candidates' names) Mast firms are generally unbiased Reasons against using an executive search firm .Although the advantages of using an executive search firm may seem attractive, there, are some aspects of the practice that may make local governments think twice before hiring an executive search firm. Some control and discretion is given up to someone outside the organization Executive search frtns may not always see issues the same way as the local elected officials Costs of the search process are increased l.,ocal governmentsS that want to start the process immediately will be slmved irp by the process of first selecting a search firm Some executive search firms may be biased tc~>tivard select ear~rdidates in their ~~~~.~n networks ~L~liddleman is added to the process What to expert from an executive search firm It is impor-Cant to point out that hiring an exec.trti~~e ~e<~r~ch ~tirrn ca~7es riot r~~~::n the li~~~;l t~ovornrT~ent in any way gives up its right to render the final d~eision oi~ tlle_ _a!~.:c~ti,~n ~_~f'„ r:G~~~~ city manager. The local I;overnrnertt still does the final inters iewing and selection. Ct>i,ow~r>ca ~a~;;~ictrA~.1,e,.ra.~e ~ ; Local ~ovemments that decide to use an executive search firm should seek and hirE a firm as soon as possible. The firm will generally meet with the city council members as quickly as possible to help refine the background and traits the council is looking for in the new manager. t)nce a full description of the counciPs idea ofthe idea} manager has been solidified, tl;e executive search fit~nl will search for candidates to include in the pool of applicants, as ~~~~ell as conduct an initial screening of applicants. Local goverrunents also will warrt ro give the searcl~i tir-m a detailed profile of the community so the tirn~ may weigh those characteristics in its subsequent efforts. The city needs to execute a c}eon, written contract with the executive search firm, and the turn should disclose all of its fees up front. The agreement should clearly define the role of each party involved in the search process. Details about payment amounts anti due dates should be included. If the loco} government attorney is not familiar with execL~iive search tirn~ agree- ments, he or she should seek help from anot}Yer city attoiTiev or other person ex}~erienced in executive search firm contracts. t~ ~FtJtii' iii IttF,E _-1 tij ^.C;i'.-1i °~,j..i,.,..1~,t ? ~~f'. r~ ,I'~-!';'S; •,t..R. Section Five: Open Meetings and Records Law Considerations everal provisions of Colorado's open meetings la~i~ (~24-6--tOl to --IU2 C.R.S.) and i~}?en records law (§L4-72-201 to -206, C.K.S.) affect the hiring of a municipal rilarta~er. I here provisions generally relate to employment pri~ce~sees, materials suhtT~itted hti~ applir,:~rlts and disclosure of the names of "finalists." Employment Processes The open meetings law requires that a "search committee" of a "local public body"' establish "job search goals, including the writing of the job description, deadlines for appli~:a- tions, requirements for applicants, selection procedures, and the time frame f~~r appointing t~>r employing a chief executive officer" at an open meeting. §24-6-402{3.5), C.R.S.. Among the questions raised by this language, which was first added to the statl~te in 1996 (HF~ 96-1314; 1996 Colo. Laws, Ch. l4~), is the i;xtent to which this statute may apply when a local government does not formally designate a "search committee," as when the governing body itself conducts the process of hiring a chief executive officer. The conservatiti~e course of action, in light of this ambiguity, would be to develop those aspects of the employment process refi;renced in the statl~te in an open meeting, regardless of what lt~~cal public body performs the function_ Materials Submitted by Applicants "fhe open records law directs that records submitted by an applicant for an executive position" shall not be available for public inspection if (1 j the applicant does not become a "finalist," and (2) the applicant makes a written request at the time of submission that the records be kept confidential. An applicant becomes a "finalist" if he or she is se.lectc~d for :are interview or is still under consideration 21 days prior ti.~ the appointrnent that fills the position, whichever comes first. ff there are six or fewer applicants, all are consideredfinalists. 2=1-?~- 204{3)(a)(XI)(A) C.R.S. {consequently, materials submitted by an applicant who doesn't become a finalist are public records and subject to release if the applicant fails to request that the materials remain confidential, fails to make this request in writing or fails to make this rtqut~st at tl~~e brae the materials are initially submitted." "phis is significant, because many applicants would prefer to keep their stn, licati«n Local public body" is dc;finzd quite broadly and includes the municipal governing body and arty c~~,;m~iittet ~~•~aed Ft =he ~tvr ~a~ning tx,idy, so long .as the eorrltttittee his been clelcPated a "govenunental decision mab.ing f'unction'. ~~a-ti-~t0~(:1 )r:~i (.~.h.ti_ "Executive Eositirn" is defined quite broadly to include "any nor~e(cctive cn~~ployrrient I?usit~ ;ut ~,vith a . p„l~;i~dl ~iil~di~isic,n. ~_i~x'pC ... cmp3nyntent Eositions in a classified system or civil ,,erg iCC system of aui inr~tituuor: t7r hnl.n<•a' s:.',.<j~.;,;i.n. ?~_~- -202{1.3) C.RS. :yt the eery least, this dei3nition would include the municipal ma:iager, yir.ce ~~Z-}-b•~3(!~(. Ski (:.I2 S ~,~a~~r. this sectior. applicahale to records in the chief executive ~>#~icer al~~~lication pr,~cess. '('3tt~er ~i:aions of the ~,Isen regards (sw would prob:~bh' pr~~ti~cnt release ~~(~c:crtain t}pes ~~f n ,t~r:.:at _ ~e7, in i~ ~,i+; ~ ~,R;, ~• - letters c,f~retcrencc, §'4-i2-2Q4f.3)(,31(III) C.R.S. <+nd medical, mental health, ~,ociolor:ica! and ;cht:, ~ ric a=~!~~.~ _,~nenr '..~ i :.'..i. -2G-1(3}{a}(ti i~.R.S. Ctat.caFUtoci ~]t~~tc~tr~t, I,B.ua~e laf confidential to not jeopardize their current employment. It is quite likely that applicants, l'><rrtic.- ~rlarly these from out of state, will not be aware of this statute. Thus, it would be considerate t+; let your applicants know that they must make a written request at the time of subrrrissican ,7f their application if they ~i~ish to keep their records cc.~ntrdential, unless an<f until then t~ec~~zrre finalists. Once a parson becomes a finalist, their ,rphlieati~~n r77aterials, exce}rt for let;L.rs of r•eferz~rra° and medical, psychological and sociological data, arc public records available fur release, ti?-1- 72-204(3](aj(XIj(B) C.R.S. Information able to be released on finalists includes scholastic achievement data. §24-72-204(3j(aj(I) C.R.S. Finalist inforrllation becomes a public rc;cord under Colorado law notwithstanding the fact that the applicant may Crave requested confiden- tiality at the time of submission of the application. Yc>ur applicants should understand how a "finalist" is defined (for eYanTpie, they should recognize that they can become a finalist without being selected for an interview) and shocsld be made aware that once they become a finalist, their application is a public record under Colorado law. No applicant should expect his or her application to be confidential after this point. Disclosure of the Names of Finalists As noted above, under the open records law, information concerning an applicant nrr.rst be released once the applicant becomes a finalist, whenever that may occur (fir example, as soon as interviews are set). In addition, the open meetings law provides that no later than fourteen clays prior to tyre appointment to fill a chief executive officer position, the local public body shall make public a list of all finalists under consideration. No offer of appointment ar empioyrnent may l?e nr<.cde prior to this public notice. §24-6-402(3.5) C.R.S. The statute does not specify haw the list will be made public. A prudent course would seem to be to use the same process that tyre municipal- ity uses to provide notice of public meetings. 1.f1 C-lclw~ ~~n I ftp,r. ,~ ~ti r, gat t1.-,.: ,, z, :k :`, ~~ ._ •~_ ,x Bibliography ~I Guide to Hiring a Cit}%Admi~~iistrator, Internatiunai C'iTy :~~fana~eln~nt .=~ssuci~iti~~n, 1 ~~~8(i Hire Smart; .4 Guide for Local Goverr7mc>ra Of icials, ~'ir~inia'vlunicipal League Guicleli~res for Recruiting a City ?l~farrcager, Texas Municipal League, 198E Norman Roberts, "Citizen's Tlc~te in Executive Miring,"' Prlblic ~'~~fa~z~zgerr~~>~zt rr~aazine, ~Icwen~ber 2000 ?L)00 ,11c`rntrgerr.ent Com~~ensatiof-: Report, C+~lorado '~~uz~icipal Ler~gi.ie, updtz?ed annually s~larac~gement.4greements in Colorado's ~1~lunicijaalities and C'ottrities, Color~~do 1Tunicihal I_ea ue, 1998 Public Sector Pay Plan Philr,~so~~laies in Cuk~f°ado, Colorado Municipal L.e~~~;ue, 1999 i~at.ok.~i~o vtrs~c~iF~at. L~.a~;c~F ? ~ Appendix A: Sample job notice ads CITY MANAGER, city of Pueblo (104,000). Salary ~~ benefits negotiable and are antici- pated to be highly competitive. ICMA (C:~~1) recognized in 1950; three rnanag~rs sir~tcc. 1 ~)~~). Seven-member council, three at large and four from districts, all serve for four-,~•ear o~c.ripl~?ir,~~~, Mims. Count}' seat, stand-alone city. Hoene to Colorado State Fairgrounds, ~niaersirv of Southern Colorado, Pueblo Community College, excellent public and private schools. Req. equivalent bachelor's deg. in publiclbusiness admin.; signi2icant, successful broad range tnan- agerx~ent exp. in comparable local government; experienced local government manager (or mull breadth assistant) with exp. and skill in staff leadership, ~ir~frastructurelcapital project tinanncirlg and constrctction, economic development, neighborhood revitalization, and quality of life issues. l~xp. in a frill service and free standing community a plus. Prefer ~1A. Send confidential resume to Robert 5lavin, President, Slavin Management Consultants, 30~I0 Holcomb 13riclge Rd., St.tite l3-I, Norcross, GA 10071; (area code) phone-number; rslavinl4lr_Laol.cotn by July ?7, 2l)U0. FOE~'RC. TOW1~r r1Dl~'IINISTRATOR, town of Ne~v Castle. Requires extensive knowledge of municipal administration, public works operations, multiple departmental management and budgeting. Applicant must possess good public interaction abilities as well as personnel man- agement skills with the ability to motivate employees; excellent verbal and written communica- tion skills are a necessity. Will work under the broad direction of the 'Town Council and ~~-111 be responsible to provide recommendations to the Council, Planning Commission and other beards and commissions in the implementation of long- and short-range community projects and plan- ning; provide direction to the Town's maintenance, public works, public safety, building, recre- ation, fnance and administration departments. Qualifications should include: graduation fr~:~m an accredited college or university with a bachelor's degree in business administration and t~~o (2} years of job experience or five (5) years of equivalent job experience may be consider4d. LC-EiADA. Salary range: $52,000 - $60,000 annually, plus excellent benefits. Send rc>ume to Town of New Castle, P. U. Box 90, New Castle, CO $1647, (area code} phone-ntrrnher, Fax (area code) phone-number. Closing bate: December 1, '000, 5:(10 p.m. CITY ViANAGER, City of Fruita, a growing, home-rule cornmutlit~~ of 6,000 people pvsi- tioncd in the Grand Valley west of Grand Junction. The Manager is appointed by a severe-member City Council, which is committed to tl7e deli~~ety~ of quality sen~ices, ecni~~r!mir development, responsible gro~~~th, competent financial manzigemerrt, and c.omrnunity leads°r~hip. `T'he ideal candidate is agoal-oriented, educated leader with a track record o~#':,ttccessful city administration and leadership, who possesses character and integritw, and is a versatile team leader who can make solid key decisions when necessary. Requirements include a i3achc~lur's degree, a Master of Public Administration (Z44PA) degree or related field stron;~lti~ pre°ftrr: d, a minimum ol'ttrree to five years of cxperierTCe in a similar position, or as a cle{?rat}~ city n,~r~,~~~er in a larger organization. Salary is negotiable ~t~ith ~~ range of .~S~S,000 - `CF,~,i)fi0. I;:~ci~lltr~r `~~~zrrc- fits, including a 457 plan, as well as paid health care fcfr the candidate. arxi fatT~iily. Sc~r:d <t resurrte and five references ley C~)ctc;ber ??. ''0(10 to: h~"red 12<aing.~.itt, f'h.1~~7.. P~itr~t~e;-'~9~,rri~:~.n .>ssociates, l.,,I.P, P.O. l3ox X594, F:stes Park, Cc"3 ~i)w517. CITY M.AN~CER. ~1"he City of Commerce City, t~'c~lorado (pop. 17,300 expanding t~~ 35,400 during the business day) is seeking a City Manager. Located 10 minutes north of Downtown Denver and adjacent to Denver International ,airport, Commerce City offers a ~.anique combination of "small town" apl:~eal ~vitb access to all the cultural and rccreati~~nal opportunities of the Denver Metropolitan area. lts current land area is highly industrialized but is in transition to increased residential and commercial development. The next C`in~ '~~fana~~er will supervise a statT of 1$5 full time and regular part tune employees with an annual budget for the 2000 fiscal year of $20,$77,03$, including the Cieneral Fund budget of X11.2 million with approximately 70 percent of the budget derived from sales and use taxes. The next Cite Manager will possess a diverse, general background in all aspects of city government with experience in working with special districts and private vendors. Strong technical competence i~, needed along with a creative, articulate, outgoing demeanor. Particular skill, expertise ,_md experience in cost eorrtainment strategies and tinancial policy alternatives is esst:ntial, alum with demonstrated experience with alternative, creative public financinff strategies. .~ bache- lor's degree in public administration or related field is required (Master's degree preferred'). Trn years of progressively responsible executive level municipal experience; is required. Service as a City Manager, Assistant/Deputy City Manager in an equivalent or larger municipal orgarriza- tion or service as a department head in a large, complex municipal organization will be consid- ered. Competitive salary and excellent fi•inge benefits package. "I'o al.~ply, send resume tti~ith five work-related references and current salary to (:,buck Iloltre, Kalph Andersen &. rlssuciates, ?920 Black Cold Drive, Dallas, TX 752-37 by :august 25, 2000. l~or more inforniation call (area code) phone-number, fax (area code) phone-number or e-mail raa(a;ralphandersen.ct~rn. Commerce City website: http://www.ci.commerce-city.co.us. All grralitied applicants are encouraged to apply. Coi,r~k,~no'~[r~~iciE~n~ l,E:,~r,t•e ':~ Appendix B: Executive search firms t'ti1I., A5SOCIAI'E MEtilI3ER Anita White AJW Ccrosulting G924 E. Montana Place Denver, CO 80224 (303) 757-8438 CML ASSOCIA"I~E I~1E'~1~3ER Chuck Mahoney DMG Maximus 1 U2U0 E. Girard Ave., Ste. B-223 Denver, CO 80231 (303) 755-1996 Gerald Flock Gerald Flock Associates, Inc. 7501 Stallion Circle Flower Mound, TX 75022 (8 i 7) 464-4610 The I3rimeyer Group Executive Search SU South 9th Ave., Ste. 1.01 Hopkins, MN (612) 945-0246 Ileathcr Renschler Ralph Andersen ~i. Associates 4240 Rocklin Road, Ste. 11 Rocklin, CA 956`77 (916) 6~0-4900 Chuck Rohre l~alph Andersen & Associates 3920 >:31ack Gold i)rive Dallt~s, T'X 97247 (? l 4) 956- IU97 Lc7rrnie Hayhurst LQ Iayhurst & ASSOCI~Ites I5 Parnaron Way, Ste. 13 ~o~: ato, CA 94949 {4l S) 884-0544 Rain~~uet-;vlorrison Associ~~tes, LLP I'red Rainguet, Ph.U. PO 13ox 894 Estes Park, CO 80517 (?U3) 747-2930 Jerr}r Olclani The Uldani Group I88 - 106th Ave., Ste. 420 E3ellevue, W:A 9$004 (425} 451-3938 Slavin Management Consultants 3040 ~lolcanib Rrid~e R~7ad, Ste. I3- i Norcross, GA 30071 (770) 449-4656 CSAC I-{uman Resources Advisory Services 16()1 Response Read, Ste. 390 Sacramento, CA 95815 (9l6) 924-5333 Edward 3. W. Roan Waldron & C+~r~npany 101 Stewart, Ste. 1200 Seattle, WA 98101 (?O6) =341-4 2 X34 Clio `tlcrct:r Group, l;t~. 5> 1 t~'. Cordova Rost<!, ~=?:'_r> Santa F'e, ,x'11 8 ~ St) I I;SU~) -3fi6-12;'4 13oh '~-lctrra}: I3c,b'~lrirray & :~.sz;uci~tes 73ti Sut~r~se r~~'f:r7t1C, tit':.'. C~35 Roseville, C;~ 9~f{> 1 (91 E>) 784-19RS ?.~ ~~7`d''tt3 fiIRE: ~ ,'t{t '11CiF'a? '` 1 .~•.°.+; F CJt? .1' ; ~!?,:16 ~',t Appendix C: Sample job descriptions c~~r.~:r~~ ~.~t~>ti ~r~ome Rz;~t~ C~o tl)zcir,%mtrr7rt,~; i:~r Town ~AwACra;R DIE:~;C:RiPTIO\' OF ti'~'ORK This is a single position class under the direction of the Town Council, pc:rforrrrs pr~?]'es.~i~~na1 and mana- geriaJ prvgrams and sen~iccs provided by the To«n's ol7eratins~ and staff departments and di~.~ision~, to include public works, police, fire, parks, recreation, community development, water and ~=.aste~~~ater services. DUTIES - EXAI/IPI C'S OF WQKK Assures the effective and efficient utilization of municipal revenues to meet community needs throu~.h the responsive strategic planning of municipal services; long-range planning to man.ige community growth; the development of budget priorities; and the development of alternative methods of sen,~ice. delivery. :fissures efTective and efficient management of the 'Ta~~~n's departments and divisions tl~rou~.~~h the in~pl~- mentation of management objectives; the development of operating policies ~rnd procedures; the estab- lishnrent of program priorities; and the implementation of managerial development programs. Assures effective interaction with community representatives through participation in citizen task forces pertaining to cornrnunity issues; the coordination of municipal programs t~"ith affected interest :;roues; :ind appearances at seminars, meetings, and other public forums. Assures the efi~ective intergovernmental representation of the To~~~i~'s interests thrt>ur_>h the rnnnit<~n-in~ cat and response to federal, state and county legislation; participation in intergovcrnmerttal police de~~eiol:,- ment with the Town Cauncil. To plan, organize, coordinate and direct the diverse, multifaceted operations of the C~7stle Rock rrnu~riri- pal government with council-established policy guidelines. f)IJt~i_,IFiCATiONS .lbilit}~ to manage all rnunieipal programs and sc;rviccs; methods ofetTective community and inters,u~~- ernrnental relations; manage and perform all financial and }nrdget manaf~ement policies snd rnethr?cJs tier the public sector and regulated utilities; establish, with the coneurrer7cc: of the Town Cc>uncil -ill prin~.;i- pics, theories, and practices of municipal management, manra~~ernent planning and personnel ~nan~r~~e-~ n~ent. 1?YF'C;RIE;NCF, _~tV1) "I'Ri1,ItiINCT As established b}~ the Town Council, or its designee. C'ot.c~,tz.nr7i~ ,~h;~:u,.rr.~r. L.t:,xou~: ~~; CITY t~3'" E3RIGFI`I'(3N J_C?F3 DE_:SCRI;PTIC~i~' CI'Tl' :'~L~ti':~GFP I7EFlNITION To plan, direct and review the activities and opr;ratians of the City; to coordinate assigned ~i~ti~iti°s among City departments and outside agencies; and to prtavi+,le support to the City Council. SUPERVISION RECEtWED ~ND.EXERC'IS~D Receives policy direction from the City C'auncil. Exr:rcises direct supervision aver management, professional and clerical staff. EXAMPLES OF I'_~,TPORTA,Nt RFSPONSII3ILITiFS AID DI?TtE5 Responsibilities and duties may include, but are not limited to, the following: Develop, plan and in~plemerrt goals and objectives for the City; recommend and administer policies ~:rnd procedures. Coordinate with relevant department and staff in preparing agenda for (~;ity Council rneetin~s and study sessions; provide administrative staff assistance to the City C'ouncit; diri.ct s{~ecific and c~~rnprehensi~~e analysis of a wide range of municipal policies. C'oardinate activities with those of other departments and t~7utside agencies and organizations; prt~hare and present staff reports and other necessary canespandenc;e. Direct, oversee and participate in the develapmc:nt of the City's work plan; delegate ~i~ork act.i~~ities" projects and programs; monitor work flaw; review and evaluate work product, method and lu~ocr~lure. Supervise and participate in the deveiopn~ent artd administration of the City bud,>e,t; direct the f~rcc;rst of funds needed for staffing, equipment, materials, supplies and capital improvements; mi~nitur and appr~~•,~e expenditures; implement midyear adjustrncnts. Develap administrative plan and implement goals which ensure well trained and responsible staff, Select, train, motivate and evaluate personnel; provide ar coordinate stak'f training; work with emplo}ccs to correct deficiencies; implement discipline and termination procedures. Participate can a variety of hoards and c~,>rnmissions; attend and 1?art.icihate in pri~ft.~si~~r~al ~r<~~nl~s :and committees. ~egatiate contracts and solutions on a variety of sdrnirustratiee, tisc<rl and special pri~je~t~.~ p,3~ti~il~~;~t,:~ in the preparation of program or special project buda,ets; analyze and prepare reco~nrrrendations ,,n 1.-~nil•_;~~t rec{uests; manitar <'+pproprit3te budg~a accounts. ,administer specific program activities by plannirtg, organizing <;tnd sl.iper~ z~;ing acti~~iti; ~ ~aaahlish ~~mi ir~nplrsrrtenC, ~.vith ahpra~~al, operating I>olicic;s and procedures. R~apond to and resolve, difficult and sensiti~i: citil~en induirie.s and ci>r7~plairtts Perfiorzm related duties. and responsibilities as rc.cluired ar assit;rzed. Kncativlt:_dge of: rtilodern and highly complex principles and practices of Inur,icip<!I ad117inistratic~n, dep~lrtments. organization and ecanotnic develaptment functions and services. Current social, political and economic trends and operating proble,rns of rntlnicipal government. CJrganizadonal and managememt practices as applied to the analysis and evaluation ar prcigrarn, p<~lii y and operation needs. Principles and practices of municipal government, budget preparation and adn'linistratian. Principles and practices of organization, adrrunistration and personnel man~rgemi:nt. Principles of supervision, training and performance evaluation. Research and reporting rrrcihods, techniques and procedures. Sources of information related to a broad range of municipal progrlms. services and <lllnlini~tratiun. Pertinent federal, state and local laws, codes and regulations. City organization coals and Council policy. Ability to: Provide effective leadership and coordinate the activities of the municipal organization. E"ffectively administer a variety of citywide prl.~gratns and adtrrinistrative and budgetary activities. (dentify and respond to public and City Council issues .and concerns, Interpret and apply federal, state and local policies. procedures, laws and regulations. Analyze problems, identify alternative solutions, project cons yuelaces of proposed actions and iniplen"zent recornmendatians in support of goals. >~ffectively and fairly negotiate apprapr7ate sc.>lutions and contracts. "ialn i:0i>petatlOCl tl1l'Ollgh illti'IISSlon X11"ld pc'r5lla~lOtl. Select. supervise, train and evaluate assigned staff. Prepare <!nd administer a large municipal bud~;ct. Evaluate and deve.lap intprovements in operations, prix:cdures, policies. r~r methods. C'repare clear and concise relaarts and develop appropriate recor7urlendaticros. ("'r~mrnunicate char and ct>ncise reports and develop spprclpriatr~ rccc~n~i~lr•ndatir>ns. Com,nunicate clearly and cancisety, bott~~ orally and in w~ritia7g. Establish and maintain cooperative ~r~orkin~; relationships with these contacted in the course of ~~~~ork. i~ert~onstrate an ability to undr:rstand and address the needs of a culturally div~~r~e comrt3unit}~. Ex~?erier~c_~_ anii_"Craic~in~Guid~..l,i~ies :'any cambination of experience and training w~l~~icl~a would likely ~rrovide the, required kno~,rlrci~~~ and a~iilities is Clualifying. An example of such combination might include: Tra i_n ing: Masters Degree in Public Administration or a related l`ield. Ex~eric:nce: A en.inimum of eight ($) years of progressively responsible adrr~iinistrative experience in a municipal ;overnment. CITY OF G[Ii~N1SON ,IUfI DESCRIPTION I)EP.~RT1~~iEN1': CITY ~iANAGFR T)IVISION: JOB TITLE: GitJ~ r~lan~zger D,1'1'E: July 1997 t;FNT'.R:~L DESCRIPTION OF D[~TIES: Ch~ers~es the dail}' administration and business of the City of tiunni~~~n as ~~uided by the clr.~ted City C'r>un~il. Sr~r~.•c~; a~: personnel direcU~r in establishing and implementinv human resources policies and adtninisterin~ daily practices. IYA'~iPIsFS OF DLJTIFS: The foHowin~ duty stnternents are r,llustrati~~e of the essential Ju~tctiorrs of the job a+uf ctn avt include Utirer n~~n-c•se~rttu~l ~.:r ntargrnal duties thal iruty be ~~eyttircd. Tile C'irv resti~~es th~~ ri,S>ht tv mv~iijv car ch~zn_~~~- dr~ties or ~ ~;'.>'~:~nnal lil~,rt r,rfr ~~,,` ~i~ job at arty rune. ['repares and administers annual City budget. Approves departmental and citywide expenditures. 0~:~:rsees the responsible im~estment and use of City funds. Fert~~rms supervisory oversight of department heads including appointn7rnts and terminations, cn~ph7yce issue resoiuri~.~n. perfi~rmance evaluations, and compensation decisions. Researches and recommends policies and ordinances to the City Council. Irnp!ements and mr'~niu~rs appr~~~ed policies anc! ordinances. administers and monitors franchises, contracts, and agreements. Makes appn:wals •~tiithin expenrainare auth~~, it~. Researches, prepares, and monitors grants. Ensures the efficient administration of all departments of the City working in conjunct7on with department heads. .lets as personnel director in establishing and administering policies and procedures. Ciuisults ~>>n ~ r,;hlr, cc i:.~•i;rs- F,:'nfc,rc:es personnel ruanual. Develops ~;olnpenatir~i~ philos~~phy and ovc;rs~es .Salary ir:crease t,u~l~;ct. Aces as economic develop~7tent liaison for the. City. Responds tc> requests for business intorrr,r.ition. l)c;~~:±l~~ps n~~d implements a rirarketing plan fur the City. acts as a liaison tivith carious communih~ groups relating to City issues. Performs public relations duties in support of the City and City Coun~:il. ;~teeas with pciv~~te 4iti~e;s tt~ i if:~rm :~ ~ : r~z:~~:;~l~c• 'v;LriC?US 1StiueS Sod prok)It:Ins. t~C7Clydinatel CnICC~T,lnt;y SCP+1~eS. C~i?t1ru111.1:E7S wllh 21ni1 ;C:1'Y'G? ~tti ~:};'t17alfj' .'~rt:';:Ct s` 11ti Fatlil! ~cderil, state, and local agencic;ti and municipalities. L.~_acls the C.iq~ ~Sanazcmcnt T'e:im. P;:rforms ether duties as r~~rluired and directed by the City C~~uncil. ORC;A;~I""/_..4`l'ICINAL REL:~"fIONSIfiiPS: Reports to the .Mayor and City Ci'7une:il. Supervises directly all department head cmploy'ees, C;iry C~ire :~~tarshai, City C1crk, and dz.~parr?~r«^nt.~l secretary. C7ver,c~eti a.ll personnel rna~_Cers relating to the e~7:pli~yees cif ti~~e t_'ity, l:[)tCATION AND 1?XPi~:RIENCF.,: 'vlastc:r"s llcgree in Public Adrninistratian or 13usines .'~drninisi:atil~n preferred; three l_i1 t.7 tine (~f ~t:ars ~~f cxpcr~ience ,.is a department head, assistant manager, or manager in a public ~cctor envir<>nment, ~>r an ca~ui~.~alent eomhir,atic~n :;i education, training, and experience. NEC'ESSARI' RF:Qt?IRE?11ENT5: None. KNO'bi'I,EU(TE SKILLS, ;1ND AI3Il,ITIF.S: Extensive knowledge of state and local municipality structure, «peration, and administration. Demonstrated public relations and customer servic:c: skills requiring the resolution of hinhly visible issues and c~~rnplainrs. ~~ianagernent skills requiring coordination of large numbers of people and sums of money, the ability to prc~rr;c,re. d~vc,~~E,, and participate in team bui{ding and cross functional teams, and the; ability to build consensus thmughuut the cunvnuruty~. t7emonstrated personnel supervisory skills and experience. Kno~~ledge of and experience in human rc:sour~~:s administration is desirable. Grant-writing skills. ENViRON14fE~N7'AL ANt) PHYSIC~YL CONDCI'IONS: The majority of this position's duties are. performed in an i)tfice environment. 'The irrcumt?ent may m<<ke occasional trips t~; external locations experiencing expi~sure to wt'athe-r t;lements and terrrpcratures, ~unsrructit~r~ ~:ite rig}::, rnd ;,tat~rm~;Fic• travel. Ability to perform activities requiring substantial lifting. Ability to lift and carry items such as office supphcs and equiprn~rtt, up to 15 pounds, tin ara ~'~ccasi~~n~il basis. Ability to participate in and respond to routine conversation in person or via tc?el.rhone, and distin wish e;rphune:. ~~rint~~rs. computers and other auditory tones. Visual and physical ability to work an curnputcrs for substantial .rmounts of tune. Emp(ovee Sigmature 1).rt~ ~upervisur Signature 1)atc - "('isle rlr~~~11 ~l' Lr ~~Di"~~~D ~~~ "T()W'~ ADMINISTRt~TC1R l N~rRC~DUCTION The position of Town AdministraCOr is responsible for the efficie-7t ar-d effective rnana-,,~rr~i~nt ~~f al! administrative departments of the Tawn. The 'Y'awn Adnunistrator operates in tha caps-cit,~ of to~~n cle--k. <u7d ~~. such is the official custodian of town records; minutes of all Board af'I'rustee \Zeetings; and, is the k~.ei-~~r of ti,~~ town seal and shall affix it to all instruments which are required to be ~-ttested by the. town seal II. DUTIES AND RESYONSiBILITIES l . Responsible to the Board of Trustees for the cffic:ient. and effective -nana~;ernent of all adn:~inir.tratit~e departments of Town government. 2. Administers and prepares grants. 3. Hears and resolves citizen complaints. 4. Provides the Board with current status reports of Tawn projects. 5. Prepares a proposed budget annually and suLimits to the Board of Trustees. 6. Adr-unisters the budget after adoption. 7. Keeps Board advised of the overall financial condition and future needs of the town an~i --~-,-},es recommendations. $. Attends Board of Trustee and Planning Con~tmission meetings in advisory capacity. 9, Recruits, hires, super ises and evaluates all Town staff. 10. Works with department heads to solve organizational prablerns. 11. Establishes and maintains records management and financial accounting syste-ns. 12. Attends conferences and seminars to keep abreast of current trends in the Held of mt-nii•ipal mana4~.enient.. i3. Perforrris other duties as prescribed by ordinance or directive of the Board of Trustees. III. EMPI~,OYMENT STANDARDS 1. Requires working knowledge of computers. ?. Thorough knowledge of municipal and fiscal accounting principals, practices and pracedur~.s. 3. Knowledge of municipal organization, budget, ordinances and regulations. d. Ability to analyze a variety of fiscal problems and make appropriate recarru7~endations. 7. Ability to plan, supervise and direct work of others. t~. Ability to establish and maintain effective working relationships with employees, ether departments ar-d the general public. IV, EDUCA'I'TON College graduate with a $achelor's Degree in Business, Public Adrninistratii~n, i~r -:~.latt°d t~icld. '~'. S(PT;RVISIO'~' A`rt7 C~UID:1tiCE The position of Town Adrrtinistratar receivers general direction trorn the: board u[ "Tru,tc~:; tl7ruu_~h -iic ~C:~yo: 7~1;e incumbenC has a wide, latitude for the exercise of initiative and judgn-4nC in tl-c di~chai ~, ,,~t al'; du(i ~~, ail~i t-cts u ith full respt,-nsibility for those dt-ties. Work is rt,viewed from a startdp~~,~ir-t ~~1~ ~.~~ ,~.-al ('icctiti~n~ ~:~ ;;, accomplishing objectives. CITY ()N' I~ UIZT I.UY'T()ti, C(JI.()IZ~~1ll() CLASSIFICATION D~;SCRII'TIt)N CLASS'I'I'I'LE: CI'T'Y AIIMINISTKA'I'()K EXEMPT: Yes SALARY LEVEL: Competitive 5)"iI1~ 1': Not applicable LOCATION: Administrative offices REPQRTS TO: Mayor APPOINTED BY: City Council SUI~~IMARY: Directs and coordinates administration of City of Fort Lupton in accordance with paliciea detern~rined by C'it~~ Council; aids the Mayor in staff capacity by analyzing and coordinaiing personnel, preparing and c.~ntroliint~. '•r; annual financial plan, operating budget, and capital budget, and planning for future de~~elopmet~t; pr~:pares ar;,a submits to Mayor and City Council reports on administrative activities of the City; makes rccornrnendations t~~ Mayor and City Council on matters which are appropriate to the affairs of the City; and represents tha City irr dealing with the public. ESSENTIAL DU'TiES AND RE SPnNSIBILITIES: The following duties and responsibilities are essential for this joh. Duties may be perforn~red persanwlly or through subordinate supervisors, but accountability and responsibility shall nat be dele~~ated. Additional :lulic':~ may be assigned to the City Administrator. Insures that the Hiles and policies of the City Council are properly and expeditiously implemented. Advises and makes recommendations to the Ma}'or and City Council on matters which are appropriate to the affairs of the city. Applies appropriate management methods in order to irTiprove work ilaw, simplify reporting pracedures, ur implement cost reductions. Is responsible for the overall direction, coordination and evaluation of City deparimc:nts. Appoints dep~rrtrnent heads subject to confirmation by City Couni:il, as provided !'ry ;rate la~•~~s ;~~r C~it~ ordinances. Appi~ints all athc:r employees as provided by C"ity ordinarrc~:~s and l'ersonncl Rules. Prepares snnual t~udget and submits estimates to Mayor rrnd Ciiy Council for appraval. flans for f-uture di:velopment of urban and non-urk~an areas to provide: far population .~ro~~~th and t.tpan~i~~n ~~~i public sen~ices. Attf~~nds ~.'it_y Council workshops and meetings to present budgets, pragr.uns. 5cr~.~i~es and +-arili~~,~ acti~,ii~_~. rcpur-ts, studies, analysis, and plans for present and future activities. l:ecornrnends -r_oning regulation controlling Irx~arion and de~~el~zp~Tient t~f residential anti car7i~n~~~ci<ii ar~;~.«. Submits to City Council suety reports as are required by that body. \drr~rinisters personnel rules and policies. Ke:;pcinds to appropriate public inquiries. T)evelops and disseminates information to the staff and to the public on a regular basis. Prepares and submits to City Council annual financial plan and c;ipital improvement prc~~~rram, Plans and develops policies and procedures for can-ying out corr,puter operations. SUPER'V'ISORY RESPQNSII3ILI'fIES: Manages subordinate supervisors who supervise employes ~,ti~ho perform the functions cif ~~dn~~ini<tr~ui..)n, community development, finance, operations, and public safety. Is responsil,~le for the o~ crall direction.. coordination, and evaluation of these functions.. Carries out supervisory responsibilities in accordance with the C.ity's rules, policies and applic~rble laws. Responsibilities include interviewing, hiring, and training employees: planning, assigning, and directing ~tiork; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems. ESSENTIAL REQLJIRLMEN'fS: To perform this job successfully, an individual must be able to perform each essential duty satistactorily_ h~ trddition, the individual must be willing to relocate in the City of Fart Lupton ~i~ithin six months of the dare ~>i accepting an offer of appointment and rrraFntain a residence in the City for the duration cif er7~ployi~~ent. The requirements listed below are representative of the knowledge. skill and/or ability required. K<.ason;il~~l4 accommodations may be made to enable individuals with disabilities to pe~rforrr~~ the essential funcric~ns. EDUCATION AND F,XPERII:NCE: ttec~uired: ~Baehelor's degree and four years of related experience in city gove~~rt»ent, acci~untin~~, business. public administration, planning, and supervisoryladrrrinistrative responsibilities; or ec~luivalent combination ~~f education and experience. I(i~hl~ T~esired: Master's degree and ^p to ten years of related c;xperic~nce in city ~o~°crnment. acc;nintin~~._ business, public administration, planning, and supervisory~lardrrtiriitrative rc spun,ibilities, t>r ~yuiv~i~nt combination of educatio^ and experience. (;;U:1T~IUNICA'TION SKILI.,S: :ability to road. analyze, and interpret con~nnon scientific and technical journals, financial reports, ar~d h~~zal d~.xuments. Ability to respond to common inquiries or complaints frc>rn citizens, re~,ulatory a~;ercies, ~~rr t~~embers of the business community. Ability to write speeches and articles for publication that ct~nforn~ to hrc;st;riFaed style and format. Ability to effectively Present inform~itu~n to si<rff, t~;,~p r»;anuT~~n;;nt, l;ui>li~: , <<_~ul;;, rind City' Cc>urtcil. llighlY desirable that individual read, «~rite and speak 11t.rerrt Spanish. ;11~iT}IF,1t1;1TiCAL SHILLS: Ability to work with mathematical concepts such as E>rah-i~ilitti~ and stutis~tical inf~er;~n~~, and tun~la~-~c~nrals ~;~f plane and solid Qeornetry and tril;onomtitry. ,~~bility to ;,t~l?IV concepts such as fr.-cdon~~, percent -r~e.~., r tt~+:~i;..Fnd proportions to practical situations. REASONING ABILITY: Ability to defiine problems, collect data, establish facts, anti draw Valid conclusions. r~t~ility t<, int::rpret an extensive variety of technical instructions in n~<.ithematical or diagram forrn and dc.a1 with several ahstract a;id concrete Variables. C'ERTIFICA`TES, LICF..NSES, REGISTRATIONS: Glass C Colorado driver's license required. LEADERSHIP SKILLS: Desirable that individual have demonstrated team building and leadership skills. PH~'SICAL DEMANDS: 'The physical demands described here are representative of those that must t>e rnet by an employee to successfully perform the essential ftnctions of this job. Reasonable accommodations may be -nade to z-nahie individuals with disabilities to perforrn the essential functions. While performing the duties of this job, the employee is regularly requireai to sit, talk and l~-car. "1'he c mplo~~ce frequently is required to walk. The employee is o<;casionally required to use hands to tinker, handle, c>r feel objects, toots, or controls and reach with hands and arms. The employee must regularly lift and/or move up to 1Q pounds and frequently lift and/or move up to ?~ pounds. Specific vision abilities required by this job include close vision, distance vision, color visi~m, peripheral vision. depth perception, and the ability to adjust focus. !i~'()RK ENVIRONN[ENT: The work environment characteristics described here are rt;prescntative of those an employee enan-nters ~,~~hile performing the essential functions of this job. Reasonable accommodations may be made to enable individual with disabilities to perform the essential functions. Wt-ile perforrnirrg the duties of Chis job, the employee t>ccasu7nally works in severe r~utside weatht:r conditions. "I'he noise level in the work environment is usually moderate. C2..e .R.-r?~ 11 Mme Rrilr ('. ! Sri'; L''nta t„ DESCRIIrI'I(')N OF W(JRK This is a single position class under the direction of thin Tr~wn C~~utrcil, pcrf~orms professional ~.n~i managerial programs and services providt:d by the To~~~n's operating and staff deparCments and dig isii~ns, to include public works, police, tire, parks, recreation, cc~inrnunity development, water and ~~~astc~;~ater services DUTIES - EXAI'~1PLES OF WORK Assures the effective and efficient utilization of municipal revenues to rucet corrttt~unity needs through the responsive strategic planning of ritunicipal services; long-range. planning to manage community growth; the development of budget priorities; and the development of alternative methods of service deli~~ery. Assures effective and efficient management of the Town's departments and divisions throu~ah thr: implementation of t7~anagement objectives; the development of operating policies and procedures: this establishment of program priorities; and the implementation of rnanageriat dcvcloprru~nt proy;r.~r17s. Assures effective interaction with community representatives through participation in citizc;n task t~~rt.es pertaining to community issues; the coordination of municipal programs with affected int~rest r,t~oups; and appearances at seminars, meetings, acid other public forums. Assures the. effective intergovernmental representatia^ of the Town's interests thrauth tt~e monitoring ~~t and response to federal, state and county legislation; participation in intcrgov~:rnnterual policy development with the Town Council. To plan, organize, coordinate and direct the diverse, multifaceted ape~rations of tl~i~ (,astle Rck k initnicipal government with council-established policy guidel'anes. QUALIFICATIONS Ability to manage all municipal programs and services; tnethods of effective cornn~tunity and intergovernmemal relations; manage and pr;rform all financial and budget tnzinagement p~~licies and rn~°thods for the public sector and regulated utilities; establish, with the concurrence of the TUurt Ct~uricil all principles, theories, and practices of municipal management. tn.uta~cment planning and pe~r.;onne~l managert7cnt. I:XPF.RIENC"E Ati~b 'I'R~1INI.NG .~~s established by the ~~Iown Council, or its designee ~ `~ ~,, City Hall ~~ ;~~~~~~ City ~f CO~~e~/V~~~e 100 Main Street ~ Colleyville, Texas 76034 ~~~~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 08/05/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the August 5, 2008 City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 08/05/2008 City Council Title Discussion of the August 5, 2008 City Council regular agenda items City of Colleyville Page 1 Printed on 8/1/2008 im ,~~ ~ ~ ~` ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ ~ Agenda Briefing 817.503.1000 vvww. co l l e y v i l l e. co m File Number: File Type: Executive Session Version: 1 Agenda Date: 08/05/2008 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -August 5, 2008 Attachments: History of Legislative File Status: Executive Session Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 08/05/2008 City Council Title Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties of the City Manager Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 8/1/2008 RESOLUTION R-08-2993 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF AUGUST 5, 2008 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 BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor 1.111 ~r~ ~ ~~ ~ City of Colleyville 100 Main Street ~` ~ Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Version: 1 Requester: Office of the City Secretary Agenda Date: 08/05/2008 Agenda No.: 3 File Name: Presentations and Proclamations -August 5, 2008 Controlling Body: City Council Final Action: Attachments: Colleyville Building Inspection Department ISO Rating Proclamation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/05/2008 City Council Title Proclamation In recognition of the City of Colleyville Building Inspection department achieving an Insurance Services Office 2 Rating -Bill Elliott, Building Official; Sammie Bolling and Joycienne Williams, Permit Clerks; Gary Jenkins and Bill LeGrande, Building Inspectors and Ky Roby, Code Enforcement Officer City of Colleyville Page 1 Printed on 7/30/2008 rocr~rn~ction Colleyville, Texas WHEREAS: the City of Colleyville is a progressive community, being known as an "address of choice" in the metroplex; and WHEREAS, through the commitment and dedication of the City of Colleyville Building Inspection Department, the Insurance Services Office, Inc. (ISO) has awarded the City of Colleyville a Building Code Effective Classification of 2, based on a scale of 1 to 10, with 1 being the best score; and WHEREAS, ISO is an insurer-supported organization with the primary mission of providing advisory insurance underwriting and rating information to insurers; and WHEREAS, an ISO rating of 1 is very rare, with only 12 municipalities nation-wide earning a 1; and WHEREAS, the rating is based on a three-part evaluation: code administration, plan review and field inspection; and WHEREAS, the City of Colleyville rating of 2 may result in lower insurance premium costs and encourage building projects. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby recognize the CITY OF COLLEYVILLE BUILDING INSPECTION DEPARTMENT for promoting professionalism, code enforcement and safety. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of ~~~ _ Colleyville, Texas, affixed this 5`h day of August 2008. RESOLUTION R-08-2994 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF AUGUST 5, 2008 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 the minutes of the regular City Council meeting of July 15, 2008 b. Approval of the 2009 Annual Work Plan c. Approval of a preliminary plat for Somerset Manor Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case P-08-024 d. Approval of bid award for health insurance to United Healthcare e. Approval and adoption of the 2008 certified tax roll AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2008. CITY OF COLLEYVILLE David Kelly Mayor ~~ ~., City Hall `_~`. ~ City of Colleyville 100 Main Street ~~5;~~~; Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 '"~°~° www.colleyville.com City Council Tuesday, July 15, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 15, 2008, at 5:33 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Police Officer Chuck Tinsman, Public Works Director Steve Chutchian, Utility Superintendant Ken Tywater, Finance Director Terry Leake, Interim Economic Development Director Mike Johnston, Community Development Coordinator Ron Ruthven, Human Resources Manager Elise Welborn, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor was absent. PC-1 Discussion of the Street Capital Improvement Plan (CIP) Public Works Director Steve Chutchian provided information regarding funding sources and a timeline for the micro-resurfacing program for the Tara Plantation and Saddlebrook subdivision street projects. Discussion ensued regarding the life of the micro-resurfacing process and a campaign for public notification of the Street Capital Improvement Program. City Council determined to implement the micro-resurfacing program for the Tara Plantation and Saddlebrook subdivision streets and the Street Capital Improvement Plan will be placed on a future City Council meeting agenda for City Council consideration. PC-2 Discussion of the health insurance bid analysis and recommendation Human Resources Manager Elise Welborn introduced Employee Benefits Committee members Police Officer Chuck Tinsman and Utility Superintendent Ken Tywater and recognized Fire Lieutenant Kenny Phillips, Recreation Supervisor Luke DeFilippis, Project Inspector Keith City of Colleyville Page 1 Printed on 7/31/2008 City Council City Council Minutes -Draft July 15, 2008 Dovers, Utility Billing Supervisor Theresa Fox and Colleyville Center Office Assistant Marilyn Gilbert and provided an overview of the proposed health insurance plan and costs and answered questions of the City Council. There was general discussion regarding the Health Reimbursement Arrangement (HRA) and the impact of a Wellness Program on health care costs. Ms. Dee Beasley-Hayden of Brinson Benefits provided information regarding the Health Reimbursement Arrangement. Ms. Welborn stated that staff will place an item on the August 5, 2008, City Council agenda for City Council's consideration of a healthcare plan. PC-3 Presentation of the Monthly Financial Report -June 2008 Finance Director Terry Leake presented the June 2008 Monthly Financial Report and answered questions of the City Council. Public Works Director Steve Chutchian provided information regarding street project financing. PC-4 Discussion of the July 15, 2008, City Council regular agenda items Mayor Kelly stated Councilmember Mike Taylor expressed interest in continuing to serve as the City Council liaison to the Metroport Teen Court Advisory Board. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:12 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on July 15, 2008, at 6:13 p.m. City of Colleyville Page 2 Printed on 7/31/2008 City Council City Council Minutes -Draft July 15, 2008 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Human Resources Manager Elise Welborn, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City 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 551.74, Personnel, 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 6:14 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor Farzin Hamraee, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 3 Printed on 7/31/2008 City Council City Council Minutes -Draft July 15, 2008 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2986 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly recognized Ronnie Ambrose, Street Crew Leader and Tim Osborn, Police Officer for ten years of service and Danny Coulson, Police Officer; Dana Underwood, Mechanic Assistant; Terry Wisdon, Firefighter; Jeremy Lewis, Firefighter; Ron Ruthven, Community Development Coordinator, Wanda Drexel, Administrative Secretary and Paul dePingre, Network Administrator, for one year of service. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2987 4a Approval of the minutes of the regular City Council meeting of July 1, 2008 4b Approval of the minutes of the City Council Worksession of May 3, 2008 4c Approval to donate surplus cellular telephones and equipment to the Seniors and Law Enforcement Together (SALT) Council of Tarrant County Mayor Kelly read Resolution R-08-2987 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Resolution R-08-2987. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor City of Colleyville Page 4 Printed on 7/31/2008 City Council City Council Minutes -Draft July 15, 2008 5. 5a ORDINANCE(S): SECOND READING AND PUBLIC HEARING 0-08-1687 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Kelly read the caption of Ordinance 0-08-1687. Mayor Kelly opened the public hearing. Mr. James Moore, 1416 Glade Road, spoke regarding the recreational use of the athletic fields. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-08-1687. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Ayers, Tom Hart Absent: 1 -Mike Taylor 6 6a RESOLUTION(S): READING AND PUBLIC HEARING Carol Wollin, Tony Licata, Stan Hall, Jon R-08-2988 Approval to suspend the August 8, 2008, effective date of Oncor Electric Delivery Company requested rate change Mayor Kelly read Resolution R-08-2988 in its entirety. Assistant City Manager Kelly Cooper provided information regarding a request by Oncor Electric Delivery Company for a rate increase and the City's action to suspend the effective date of the requested rate change. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-08-2988. Councilmember Hall seconded the motion. City of Colleyville Page 5 Printed on 7/31/2008 City Council City Council Minutes -Draft July 15, 2008 The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor 6b R-08-2989 Consideration of appointment of a City Council Liaison to the Metroport Teen Court Advisory Board Mayor Kelly read Resolution R-08-2989 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations for City Council liaison to the Metroport Teen Court Advisory Board. Mayor Pro Tem Ayers moved to approve Resolution R-08-2989, appointing Councilmember Taylor as City Council liaison to the Metroport Teen Court Advisory Board. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor 6c R-08-2990 Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case G-08-026 Mayor Kelly read Resolution R-08-2990 in its entirety. Community Development Coordinator Ron Ruthven provided an overview of the request for a waiver of requirements for the sale of alcoholic beverages within 300 feet of a school and stated staff recommends approval. Mayor Kelly opened the public hearing. City of Colleyville Page 6 Printed on 7/31/2008 City Council City Council Minutes -Draft July 15, 2008 Mr. Mark Allen, 3408 High Timber Drive, Grapevine, Texas, representing the Barbara Gordon Montessori School, spoke in opposition to the proposed resolution and regarding notification regarding the proposed waiver. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the distance from the movie theater to the school building entrance. Police Chief Tommy Ingram stated to his knowledge and recollection, there have not been any issues related to the movie theater operation during the school hours. Mayor Pro Tem Ayers moved to approve Resolution R-08-2990. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Senior Center Advisory Committee Minutes -May 15, 2008 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 15, 2008 - Reading and Public Hearing -Resolution R-08-2991 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. City of Colleyville Page 7 Printed on 7/31/2008 City Council City Council Minutes -Draft July 15, 2008 Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor Mayor Kelly adjourned the meeting at 7:56 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 8 Printed on 7/31/2008 X11? fir/ L=-- ~ City Hall ~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 vvww.col leyvi l le. com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/05/2008 Requester: Office of the City Agenda No.: 4b Manager File Name: Approval of the 2009 Annual Work Plan Controlling Body: City Council Final Action: Attachments: 2009 Annual Work Plan.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/05/2008 City Council Title Approval of the 2009 Annual Work Plan Explanation Reading and Public Hearing The City Council conducted its annual planning worksession for the 2009 Fiscal Year (FY 2009) on May 29 and 30, 2008. A central component of discussion was the identification of work initiatives for the upcoming fiscal year. Use of the attached 2009 Annual Work Plan is a valuable tool, utilized by staff to prioritize, provide project direction and meet City Council expectations. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 1 Printed on 7/30/2008 Texas ~7usseBeQQ ~'Zeiy~i~ion`iaodd~'°G~'x~;efitio~4a2 ~eo,~iPe 2009 ANNUAL WORK PLAN ease y~v~2e i~ a ~xoddee c~try u<it~ az`fe~~t~a~ to ~.uuy a~ ea'~Cie~zt aid a~~ Lei y~onlaad - onieorted co~u~~if~y Qecr.~iture to oun l uttan~y, neaaunced aid ~e~ide~st.Q. Foster a commitment to community investment Objective: Make Colleyville more prosperous through economic development efforts. Success defined: To make Colleyville more prosperous with a focus on promoting the City as a place for unique and boutique retailers and offering the City as a destination place. Tasks - ^ Coordinate with consultant completion of a Redevelopment Overlay District for the Glade Road corridor for State Highway 26 and staff preparation of supporting ordinances and marketing materials. (MIKE) ^ Continue a citizen based evaluation of the viability of a connection with the Cotton Belt Commuter Rail and various community-environmental issues associated with same. (KELLY) ^ Retain a consultant to develop a preliminary concept plan for the Bear Creek pedestrian corridor with an integrated focus for the Glade Road corridor for State Highway 26. (STEVE) ^ Continue funding of a "shop at home" cooperative promotional awareness program. (MONA) ^ Continue the work by a consultant for development of a City entry marker program by developing design prototypes, location, scheduling and funding sources. (MIKE) ^ Prepare a staff based preliminary strategic alignment plan addressing implications caused by the "baby-boomer" impacts for community services and retail-residential development opportunities. (RON, TOMMY, MIKE and MONICA) Objective: Enhance the maintenance and reconstruction of city infrastructure. Success defined: To have a public works infrastructure system properly maintained and funded providing effective management meeting citizens service demands and expectations with special attention towards enhancement of the maintenance and reconstruction of streets. Tasks - ^ Continue staff work in the development of a City Council approved multi-year interoperable CIP for trails-sidewalks; streets; utilities and drainage projects. (STEVE) ^ Staff development of an evaluation instrument for City Council consideration of capital projects attentive to the best leveraging of funding sources, valuing the use of available cash, public donation opportunities, debt management, etc. (TERRY) ^ Staff support continuing the development of a planning study, in conjunction with by the North Central Texas Council of Governments, identifying "best practices" for traffic management initiatives incorporating traffic calming techniques with special focus to alternative transportation means and promoting a pedestrian friendly plan. (STEVE) Continue focus to delivering superior services and demanding results Objective: Continue Colleyville being an engaged, safe and secure community. Success defined: To provide efficient and user-friendly services that maintain the city as a safe, secure, clean and attractive community for family and business. Tasks - ^ Staff development of a Citizen Corps program recruiting members of the Colleyville Police and Fire citizen police academies. (TOMMY and MIKE) ^ Staff evaluation of the use of appropriate technology and or processes for maintaining and or enhancing neighborhood safety. (TOMMY and MIKE) ^ Staff identification of appropriate state-of-the-art technology and or processes for the police, fire and public works departments. (TOMMY, MIKE and STEVE) ^ Continue City Council funding implementation of the 2002 Utility Homeland Security study. (STEVE) Objective: Develop, expand and promote leisure activity opportunities for the citizens. Success defined: Delivery of efficient and broad based opportunities in support of the needs of the general public. Tasks - ^ Develop a financial implementation plan for the reorganization of the Library to utilize available space, providing enhanced support for the youth and adult programming. (TERRY and MARY) ^ Complete McPherson Park Phase II design by consultant with attention to developing the park as a demonstration botanical garden feature with low water tolerant plantings. (MONICA) ^ Complete the design by consultant of Senior Center Open Space Master Plan. (MONICA) ^ Complete the development by consultant of the update for the Comprehensive Parks, Recreation and Open Space Master Plan. (MONICA) ^ Development by the citizen's advisory committee of a multi-year fiscally constrained sidewalk and trail plan promoting pedestrian friendly alternative transportation modes. (STEVE) ^ Develop a financial implementation plan based on the recently completed master plan for the expansion, renovation and future use of the Colleyville Center. (SIN) Continue organizational development with a focus to -Being the Best Objective: Effectively utilize and promote Colleyville's paid and volunteer human resources Success defined: Employees consistently demonstrating the core principles through effective hiring and retention programs along with an inviting and involved role for citizen participation in the delivery of customer service. Tasks - ^ Continue implementation of the Workforce Development Sustainability Plan by: (ELISE) / Continuing Compensation Market Analysis with incremental steps taken to reach 110% of market by 2015. / Performance Evaluation Taskforce -Continue the evaluation, research and study for best practices of public and private entities to increase effectiveness of the performance evaluation process while also implementing the core competencies as a major part of the overall pay for performance initiative. / Evaluating and improving the exit interview process to identify areas for the enhancement of employee relations. ^ Evaluate "best practices" for consideration in structuring acafeteria-style benefits program to include wellness-based initiatives as well as other benefit options to enhance the overall benefits program. (ELISE) ^ Evaluate development of a citizen education program focused on community leadership training for prospective-current board and commission members. (KELLY and CYNTHIA) Sustain a reputation for excellence Objective: Ensure fiscal integrity and stewardship of the City's fiscal resources. Success defined: To bring the financial picture into balance by identifying expenses and revenues that sustain city growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. Tasks - ^ Update of the annual five-year financial plan, identifying anticipated revenues and corresponding expenses. (TERRY) ^ Implement the first year of the TMRS program attaining at least an 85% funding ratio. (TERRY) ^ Retain a consultant to prepare: o a study evaluating implementation of automated utility meter recording programs (STEVE) o an evaluation of the current and long-term computer server capabilities (PAUL) ^ Staff preparation of a study identifying realistic, viable and cost-beneficial "paperless" software programs (ALL DEPARTMENTS COORDINATED BY KELLY) Objective: Enhance the promotion and preservation of natural resources. Success defined: To work toward the promotion of Colleyville's natural resources. Tasks - ^ Increase annual tree planting and streetscaping with supplemental funding provided with the 2009 budget. (MONICA) ^ Continue evaluating community based planning identifying "best practices" for consideration in adopting a "Green" initiative focusing on: / Building Codes (BILL ELLIOTT) / Reduction of yard waste through education and collection initiatives (CHRISTINE) / Enhancement of community recycling programs (CHRISTINE) / Fund a botanical demonstration garden at McPherson Park utilizing Utility Fund funding for citizen education on use of water tolerant plantings (MONICA) / Identify replacement of gasoline-diesel powered vehicles with hybrid engines and bio- diesel fuel (STEVE, TOMMY, MIKE and MONICA) ~A~p v City of Colleyville 100 Main Street ~~_.,~~ .a `'~''~ Colleyville, Texas 76034 r~,~.,.~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/05/2008 Controlling Body: City Council Requester: Community Agenda No.: 4c Final Action: Development Department File Name: Approval of a preliminary plat for Somerset Manor Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case P-08-024 Attachments: Location and Zoning Map Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 07/14/2008 Planning and Zoning Commission 1 08/05/2008 City Council Title Approval of a preliminary plat for Somerset Manor Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case P-08-024 Explanation Reading and Public Hearing Adam Buczek is the developer of 18.26 acres located near the northeast intersection of Precinct Line and Murphy Roads. The developer has submitted a preliminary plat, which will subdivide the property into 62 residential lots and four open space lots (including all subdivision streets), for the construction of single family residential detached dwelling units. The following is an analysis of the issues associated with this preliminary plat. Zoning. A rezoning request for PUDR-Planned Unit Development Residential zoning district was approved on May 6, 2008 by Ordinance 0-08-1672. The zoning requirements stated in Ordinance 0-08-1672 include single family detached residential as the primary use with a maximum density of 4.0 dwelling units per acre. The minimum lot sizes are 5,000 and 6,600 square feet, dependent on lot widths. The minimum lot widths are 50 and 60 feet. The proposed density shown on the preliminary plat is approximately 3.7 dwelling units per acre. Open Space. The PUDR ordinance for the property requires a minimum of 20.3 percent of the total development as open space. The open space areas, denoted on the plat as public use areas, include one pond with a meandering trail system that circumnavigates the water City of Colleyville Page 1 Printed on 8/1/2008 Agenda Briefing Continued feature. All open spaces will be landscaped and maintained by the homeowner's association. Private Streets/Access. The development will have access from both Precinct Line and Murphy Roads; the Murphy Road entrance will only be accessible to residents of this subdivision. All streets serving the development will contain a minimum of 50 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. All streets within the subdivision will also be private and maintained by the homeowner's association. Homes constructed along Benjamin Way and Guthrie Court, to the north of Rhett Drive, will be installed with a fire suppression sprinkler system approved by the Fire Marshal. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. A minimum eight (8) foot wide sidewalk will be located along Murphy Road. Sidewalks five (5) feet in width will also be required along all streets within the subdivision and must be installed when any new structures are built on the property. The developer will also construct concrete walking paths throughout the public use areas. Drainage. The developer has submitted a drainage analysis of the site, which has been reviewed and accepted by the Engineering Department. According to the drainage analysis, the development will provide on-site retention. Parkland Dedication Fees. Parkland dedication fees are required, in the amount of $1,802.00 per residential lot, for the 62 lots where new homes are proposed. Parkland dedication fees are due at the time of final plat and must be paid before the plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the final plat for Murphy Road. Perimeter street improvements are required since Murphy Road is considered an unimproved street. Screening. All lots backing to the east of the development shall contain an eight (8) foot cedar board on board fence. A six (6) foot wood fence will also be constructed along the entire northern property line of the development. A living screen, split rail fence will be constructed along much of the western property line. A six (6) foot wrought iron fence will be constructed along Murphy Road. Trees with a minimum of three caliper inches will also be planted at ten (10) foot intervals along the street frontage of Murphy Road. Landscaping and Tree Preservation. Landscaping and tree preservation along Murphy Road will conform to the specifications and depictions as shown in the PUDR ordinance which includes planting trees with a minimum width of three caliper inches at ten (10) foot intervals. Trees not located within the right-of-way, easements or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A preliminary tree survey has been submitted with the preliminary plat; however, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. Within 60 days of City of Colleyville Page 2 Printed on 8/1/2008 Agenda Briefing Continued the certificate of occupancy being issued, all lots must be fully irrigated. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the preliminary plat at the July 14, 2008 meeting by a vote of 7-0. Summary. The proposed development satisfies the requirements of the PUDR ordinance and the Land Development Code. Since the plat contains more than four lots, this preliminary plat will require additional approval by City Council. Financial Impact It has been determined that there is no financial impact. 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' ~ £ d , I tik j ~~ ~ 4 g~ ti's _ 4 k i ~ ~ S ~n Q h l~ S b R ~ < r 6 s" Si ~ °~ a ,i 3 SOMERSET MANQR A ~~~~ -~ ~ ~~- j ~ ~ COLLEYVILLE, TEXAS lJ~i ~ a'~~,E~~~ ~~' ~ a '"'' ~ R ' ~,` PItE1,IMINARY PLAT NOTES ENGIN EERIN G _ -' _ _ ... ,~...~..... ,.._.,~x~..- _ '~n, „~ ~. ~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 °~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Public Hearing Agenda Date: 08/05/2008 Status: Consent Agenda Controlling Body: City Council Requester: Human Resources Agenda No.: 4d Final Action: Department File Name: Approval of bid award for health insurance to United Healthcare Attachments: Attachment A -Health Insurance Bids Received.pdf Attachment B -Alternative Bids.pdf Attachment C - UHC Alternate Plans.pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/05/2008 City Council Title Approval of bid award for health insurance to United Healthcare Explanation Reading and Public Hearing At the July 15, 2008, Pre Council meeting, staff met with Council to discuss the analysis of the health insurance bid process, providing supplemental information on various options. Upon the direction of the Council at that time, staff brings forth this matter for consent. The health insurance market is averaging double digit inflation annually, causing employers to take a serious look at how to actively manage increasing health insurance rates. Several years ago, the City of Colleyville implemented steps to assist employees with health care management. These steps include annual health fairs, flu shots, mobile health services, fitness assessments, participation in Companies in Action and offering a weight loss program called Naturally Slim. Staff also evaluates benefit offerings and options annually to continue effective cost management. This year additional rate management efforts included consideration of health reimbursement arrangements. During the May 6, 2008, Pre Council meeting, staff projected a health insurance increase of 20%, or $294,980.00. Staff discussed with City Council the option to pre-negotiate with United Healthcare (UHC), the City's current health insurance provider. Due to rising health care costs and on-going large claims, UHC declined to consider negotiating prior to the bid process. On May 15, 2008, staff received the health insurance renewal which reflected a 19.4% rate increase from UHC. In consideration of the proposed increase submitted by the provider, staff bid the health insurance for more competitive pricing and review of various options City of Colleyville Page 1 Printed on 7/30/2008 Agenda Briefing Continued including a health reimbursement arrangement. The City advertised and requested bids from nine companies (Attachment "A"). The bid opening took place June 12, 2008. Five companies declined to participate due to an inability to respond with a competitive rate. The Employee Benefits Committee, consisting of Fire Lieutenant Kenny Phillips, Recreation Supervisor Luke DeFilippis, Utility Superintendent Ken Tywater, Police Officer Chuck Tinsman, Project Inspector Keith Dovers, Utility Billing Supervisor Theresa Fox and Colleyville Center Office Assistant Marilyn Gilbert, met with Dee Beasley-Hayden, Brinson Benefits Consultant, to review proposals. The committee eliminated all four proposals. Blue Cross Blue Shield (BCBS) was not considered due to anon-competitive rate, while Cigna and Humana proposed plan designs that were not comparable or priced competitively (Attachment "B"). The Texas Municipal League Intergovernmental Employee Benefits Pool (TML) offered a competitive rate, but the plan design was not competitive and included a lower lifetime maximum, elimination of office copays, reduced out-of-network coinsurance, and increased emergency room costs. In reviewing the proposals, the committee and Brinson Benefits, compared current benefits, service levels, doctor networks, pharmacy and emergency coverage and proposed premiums. With the elimination of all four proposals, staff and the committee began negotiations with UHC for more cost effective alternatives (Attachment "C"). Four plan designs were reviewed and are outlined in the chart below. Column 3a • Similar to current plan design • Changes to the new Certificate of Coverage (COC) • Increases the prescription drug card • Reduces the lifetime maximum to five million dollars • Increase premiums by 13.49% for employees Column 4 • Changes to the new COC • Increases the individual deductible to $750.00 • Splits the office visit copay to $15.00 for a family physician and $25.00 for a specialist • Increases the out-of-pocket maximum • Increases the prescription drug card • Reduces the lifetime maximum to five million dollars • Increases premiums by 8.56% for employees Column 13a • Changes to the new COC • Increases the individual deductible to $1,000.00 • Involves a health reimbursement arrangement (HRA) • Increases premiums by 3.76% for employees Column 14 • Changes to the new COC • Increases the individual deductible to $1,500.00 • Involves a health reimbursement arrangement (HRA) Cify of Colleyville Page 2 Printed on 7/30/2008 Agenda Briefing Continued • Decreases premiums by 1.01 % for employees • Caps the out-of-pocket maximum at $1,500.00 3a* 4* 13a* 14* Change to Current Premium 1 3.49% 8.56% 3.76% -1.01 In-network coinsurance after deductible met 90% 90% 90% 100% Individual deductible $ 250 $ 750 $1,000 $1,500 Family deductible $ 500 $ 1,500 $2,000 $3,000 Office visit copay $ 15 $ 15 $ 15 $ 15 Specialist visit copay $ 15 $ 25 $ 20 $ 20 Emergency Room copay $ 100 $ 100 $ 100 $ 200 Urgent Care copay $ 50 $ 50 $ 50 $ 75 Individual out-of-pocket maximum $ 2,250 $ 2,750 $3,000 $1,500 Family out-of-pocket maximum $ 4,500 $ 5,500 $6,000 $3,000 Tier 1 drug copay $ 10 $ 10 $ 10 $ 10 Tier 2 drug copay $ 30 $ 30 $ 30 $ 30 Tier 3 drug copay $ 60 $ 60 $ 60 $ 60 *Refer to Attachment C The employee premium cost for family coverage decreases by $2.19 per month, or $26.28 per year. The cost to the City would be a 7.55% increase due to establishing the HRA. The HRA plan is a deductible sharing account between the City and employees. Should the employee need to meet the individual deductible (ex: through hospitalization); the employee would pay $1,500.00 and be reimbursed from the City for $1,250.00. Employees with family coverage would pay $3,000.00 and be reimbursed by the City for $2,500.00. The City is responsible for the risk associated with the shared deductible. The additional 7.55% includes the annual employer funding of the premiums ($1,577,446.00), third party administrative costs ($9,898.00), and funding the HRA reimbursement at 35% ($126,438.00) for a total annual funding of $1,713,782.00. This is a decreased cost of $141,106.00 over the renewal of the current plan. Over the last 12 months, only 19% of plan members have met the full deductible and only 2% of plan members have met the out-of-pocket maximum. If the City determined to fund the HRA at 65% ($234,813.00), the total annual funding increases by 14.35% to $1,822,157.00, which is $32,731.00 less than the renewal of the current plan. Staff initially recommended funding at 45%, but after discussing the issue with the Finance Director and Brinson Benefits, and examining the last three years of UHC deductible utilization data, staff is confident that 35% funding will be sufficient for first year implementation. Another component staff considered was the emotional investment of employees in the health insurance plan. As the City continues to face increasing health care costs, the Employee Benefits Committee has joined with the Employee Wellness Committee to determine if the wellness program could be utilized to bring awareness to and management of rising health care costs. Both employee committees are reviewing options to tie the wellness program to the HRA. The current market is moving more cities to offer consumer driven health plans or consumer cost sharing of deductibles and copays. Currently, Grapevine and North Richland Hills offer City of Colleyville Page 3 Printed on 7/30/2008 Agenda Briefing Continued employees an HRA as one plan design. Colleyville will remain competitive in the marketplace with these plan adjustments. After reviewing these plans, the committee recommends plan design 14. The committee interviewed and checked references for several third party administrators (TPAs), and subsequently proposes using Total Administrative Services Corporation (TASC) to administer the HRA. This vendor will provide next-day processing of claims to ensure employees are reimbursed in a timely manner. TASC also allows the City to fund the deductible reimbursements as employees use them rather than requiring pre-funding. Summary Currently, the City provides 75% funding of the dependent health insurance coverage. There are currently 111 employees carrying dependent health insurance, and staff recommends the City continue the funding for the dependent health coverage. The funding provided by the City for the dependent health insurance coverage is above the overall market value when comparing to the surrounding cities that pay on average 60% of dependent premiums. Employees recognize and value the quality of the insurance program provided by the City and realize the dependent health insurance funding is part of the overall competitive compensation package. Staff recommends that the United Healthcare HRA be accepted at a monthly rate of: Health Coverage Rates Employee Only $422.28 Employee + children $760.10 Employee + spouse $945.91 Employee+family $1,279.49 Financial Impact It has been determined that the annual health insurance will cost $1,713,782.00, an increase of 7.55%, of which $1,398,816.65 is from the General Fund, $259,383.23 from the Utility Fund, and $55,582.12 from the Drainage Fund. Funds are available in the proposed Fiscal Year 2009 (FY09) budget to cover the cost of the employee health coverage as well as continued funding for dependent coverage. Recommendation Approval City of Colleyville Page 4 Printed on 7/30/2008 Attachment "A" HEALTH INSURANCE BIDS RECEIVED Medical Plans Response Aetna Declined Blue Cross and Blue Shield Received Cigna Received *Great West Life & Annuity Declined Guardian Declined Humana Received Principal Declined **TML Received Unicare Declined ***United Healthcare Received * Self-funded Vendor ** Texas Municipal League Intergovernmental Employee Benefits Pool *** Incumbent U ~ m ~ U/ o P c G M ~ ~ ~ o a o ~n O tll ~ ~...,, ,d ~ U...., ~ , p ..0;` ~ C ~,rv ~`-~ [ a ~ U ,.: w ~ t rn ~ ' >, ' a ~ -• m a o ~' m E E ~ O ~ - ~ ¢ Q C O O O ri m vi vt' c ~ T ~ ~ ~ v ~ ~ V o ~ ~ V P'1 ~ ' ^ ~. M - fp » e a +`MM 0 4. c m o ~. tD . ~ ~ ~ a' c ~ O .t ~ ~`f o t~ oy (D ~ ~ ~ ~ ~ O ~ ~ ~`°1' ~ ; 6: ` N NS , w ~ O U C ~~ ,Ff3 64, t_ m ~C. N +. ~ ~ 0. ~ ~ i .. r , m'~ FO 1 y ~ 01' ~ O I7 d rn m ;?~ . _ . N N ~ ~o:= [n ' r~F ' ~ ....~ ~.. 4., ,q, ~» ~ t , _ . ~:fY,N ra gyn.. ~,tiyt ; y,. ;M . yr i'i . 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O Z U t9 N ~ _ ~' ~ d to en Z ~ m U O O C O ~ U O=~ o N O o ° ~~ d rn ~ S ~ i. ~ ~ rn~ m uv'i in v o iD rn tD O O w m H a m m -o o o~ o m °~ e» ~ x n ~ o In ~ ~ m ~ ? N m 1I1 I~ f O ~ r i m O ~ r ~ O ~ n n a ~ O cr] V _ OC C~ N D Ol t~ N ~ N oo ~ y . 7 2 (~ ~ L ~ M ~ p . O M o O N °' °' O x ° m m c a al U M tfi t9 ~ ~ Ol m N M N m p Z U c d ~ N~ en ,- "' ° H 0 N N tHDI ~ O r ~ O m M ~ f9 a X a ~ m u n W ~ : n K A ~, x T n ~ a x W 4 x d~ N 07 C E w p~ W CiJ U m x ~ m o~~ U~Y c d•°- E W NJ ~ c v ~ LL m E•x mac a~ . •a ~ Y g m d u o ~ y ~ m ~ ~ 3 w~ m~ o u c °' ~ ° `~ o Y ~ v v d 0 0 0 H ~' ~. m~ LL ~°~ d ~ x~ a~ ~j c U ~ ~T-i a m d y c m m d o o ~ a v m~~ a r m m ~ U E o E a a m a w ut LL O LL o ~ d o a O1 o m u E^ ~ o u~ U E u m ^ U g~ 0 . ~, +~ m i 9 0 E ~ c~ m c c c m '- o m E L m m rn ~ m ^ a O ~' m C T 3 U Tj c to ' ~ O O O O O ~ ++ ~ O a d u m m « 0 O m d f- O1 ~ C m 0 0 m C C C G O 01 F ~ W m rn V U ~ ~ v (p m E O. m y ~ m~ rn w a m m =^ ~ m~ C p, C> O T .C G d •C 6 m i a ~ ~. T T 1. L` jd ~~ c c c~~~ W C N O ~` O Q LL LL LL m m A A Q ` F Z 2O > T C U d d U U U > E N N N N ~ E m m N d O. d G G O C C l0 U O C L C a .m„ U c E Q Q Q C U C U C W m O W K d' ~~ `~ C C F A A m m 'a ~p O~ 7 o d 2~ a m m m m J W W W W c ~ Q U e N LL Z 2 == 2 Q 2~ Q e Q W ^ !- U d d Z G LL U O O S d W W~ LL d d d d d d ~~'r~~~ City of Colleyville City Hall 100 Main Street `~"•` ~ Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Finance Department Agenda No.: 4e Controlling Body: City Council Agenda Date: 08/05/2008 Final Action: File Name: Approval and adoption of the 2008 certified tax roll Attachments: Notice of Effective Tax Rate FY 2009.pdf Certified Tax Roll.pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/05/2008 City Council Title Approval and adoption of the 2008 certified tax roll Explanation Reading and Public Hearing On July 25, 2008, the Chief Appraiser of Tarrant Appraisal District certified the 2008 tax roll to be levied on October 1, 2008 (Fiscal Year 2009), in the amount of $3,446,562,271. This total excludes the value of properties currently under appeal and incomplete appraisals to the Appraisal Review Board, in the amount of $166,006,586 (minimum projected value). These amounts total $3,612,568,857 in projected assessed valuation and are the totals that are used to calculate the effective tax rate. Included in this total is new construction values of $121,068,277. The value for properties located outside of the Tax Increment Financing (TIF) district is $3,366,235,205 and the value for properties located in the TIF district is $246,235,202. This represents an increase of 6.57% over the current year's valuation. However, the value of existing property on the tax roll represents only a 2.99% increase. Attached is the information received from the Appraisal District and the Notice of Effective Tax Rate. Financial Impact These are the amounts used to calculate the effective tax rate for the 2009 budget and will be used in the 2009 ad valorem tax revenue projections. Recommendation Approval City of Colleyville Page 1 Printed on 7/30/2008 Notice of Effective Tax Rate FY 2009 2008 Property Tax Rates in City of Colleyville This notice concerns 2008 property tax rates for City of Colleyville. It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine. property taxes last year. This years effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $IOOof property value. Last year's tax rate: Last year's operating taxes 58,82-4,774 Last year's debt taxes 52,273,629 Last year's total taxes $11,098,403 Last year's tax base $3,118,404,889 Last year's total tax rate 0.35900 /$100 This year's effective tax rate: Last year's adjusted taxes $10,345,739 (after subtracting taxes on lost property) =This year's adjusted tax base 53,006,793,238 (after subtracting value of new property) =This year's effective tax rate 0.344078 /$100 (Maximum rate unless unit publishes notices and holds hearings.) This year's rollback tax rate: Last year's adjusted operating [axes (after 58,663,570 subtracting [axes on lost property and adjusting for any transferred function, tax increment financing, state criminaljustice mandate, and/or enhanced indigent health care expenditures) =This year's adjusted tax base 53,006,793,238 =This year's effective operating rate 0.288133 /$100 x 1.08 =this year's maximum operating rate 0.31 1 183 /$100 + This year's debt rate 0.067503 /$100 =This year's total rollback rate 0.378686 /$100 Statement of Increase/Decrease if City of Colleyville adopts a 2008 tax rate equal to the effective tax rate of $0.344078 per $]00 of value, taxes would decrease compared to 2007 taxes by $336,120. Schedule A -Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the tiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General Fund Interest and Sinking 58,495,329 5814,868 Schedule B - 2008 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or Interest to be Contract Payment Paid from Other Description to be Paid from Property Amounts Total of Debt Property Taxes Taxes to be Paid Payment 1999 G O Bonds $25,000 $1,750 $0 $26,750 1999000PDSaIes $320,000 $21,125 $0 $341,125 Tax Bonds 2001 G O $975,000 $190,338 $0 $1,165,338 Refunding Bonds 2002 Certificates of $410,000 $74,725 $0 $484,725 Obligation 2006 G O $150,000 $174,538 $0 $324,538 Refunding Bonds 2007 G O Bonds $50,000 $182,750 $0 $232,750 Fire Truck Lease $49,723 $0 $0 $49,723 Ambulance Lease $38,177 $0 $0 $38,177 Paying Agent Fees $0 $0 $4,000 $4,000 Total Required for 2008 Debt Service $2,667,126 - Amount (if any) paid from funds listed in Schedule A $0 -Amount (if any) paid from other resources $555,721 - Excess collections last year $0 =Total to be paid from taxes in 2008 $2,1 t 1,405 + Amount added in anticipation that the unit will $0 collect only 100.00% of its taxes in 2008 = Total Debt Levy $2,1 u,4o5 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 100 Main Street, Colleyville, Texas 76034. Name of person preparing this notice: Colette Franklin, RTA Title: Tax Assessor-Collector Date Prepared: July 25, 2008 Certified Tax Roll RecoBniZed fo~~~xee~~~e ~Zne"C.~O~~Q ~'~ ~1~~ Independent SchooC 1~istrict Tax Office 3072 Mustang Drive Grapevine,TX 76051 817/251-Sb33 METRO 817/481-1242 FAX 8] 7/421-9400 July 25, 2008 I, Colette Franklin, Tax Assessor-Collector for the City of Colleyville, Texas, submit to the City Council the 2408 Appraisal Rall as sworn to by John Marshall, Chief Appraiser of the Tarrant County Appraisal District. Attached, herewith, are the appraisal roll valuation summary sheets with hard copies of the appraisal roll available for inspection at 3072 Mustang Drive, Grapevine, Texas 76051. Total Appraised and Assessed Value $3,554,956,006 Less Agricultural Deferral and Exemptions - 108,393,735 Net Taxable $3,446,562,271 New Construction (Included in net taxable) $ 121,068,277 I certify an anticipated collection rate of 100% for the tax year 2008. This total percentage includes current taxes, delinquent taxes, rollback taxes, penalties and interest. ~Nitness my hand this 25th dayof July 2008. ~. olette Franklin, RTA, CSTA Tax Assessor-Collector and Subscribed to me this 28th day of July 2008. Notary Public Signature County State '' ~^: ~i~` ~"~,: L1tUAA pWENS ~. ,':' "'.Y: "= tdY COMMISSION EXPIRES '•,;~;'•.° April 23, 20i9 i l •~~ „a''~w E. 7+' July 25 2008 CcRified Roll-Colleyvilte.doc Tp-RRAIVT ~F'PRAISAL DISTRICT CITY OF COLLEYVILLE Ji~HN MARSHALL CHIEF APPRAISER I, JOHN MARSHALL, CFIIEF APPRAISER FOR TARRANT COUNTY, SOLEMNLY SWEAR THAT THE ATTACHED IS THAT PORTION OF THE APPRAISAL ROLL OF THE TARRANT APPRAISAL DISTRICT WHICH LISTS PROPERTY TAXABLE 6Y THE ABOVE NAMED ENTITY AND CONSTITUTES THEIR APPRAISAL ROLL. 2008 APPRAISAL ROLL INFORMATION VAL(JA?ION SllMMARY ~ MARKET VALUE >>~»»»»»»>~»>~»?»>?>?»> $3, 554, 956, 006 - DEFERRED SPECIAL USE VALUE LOS5: AGRICULTURAL $29,761,414 - PARTIAL EXEMPTION VALUE LOSS: DISABLED VETERAN $1,1f7,C}00 OVER-65 $?3,191,996 HOMESTEAD $0 DISABLED PERSON $4,268,333 PRORATED ABSOLUTE $54,992 CERTIFIED NET TAXABLE VALUE »>>7?>~»~»>?>3> $3,446,562,271 ESTIMATED TOTAL NET TAXABLE VALUE INCLUDING SUGGESTED VALUES TO BE USED FOR PENDING ARB ACCOUNTS AND INCOMPLETE ACCOUNTS »>~»>>» » »~>~>~»>~» $3,612,558,857 ~,, 25 JUL 2008 J MARSHALL EF APPRAISER ~ MARKET AND NET TAXABLE VALUES FOR PENDING ARB ACCOUNTS OR INCOMPLETE ACCOUNTS ARE ON PAGES 2 AND 3. gage 1 a# 3 zsoo t~ana~ey_eaervi~le Roast Fort vuortn, Texas ~s~i8 is~~~ z~a-oQZa~ r ~~~~.~ TARRANT APPRAISAL DlSTR[CT 25 ~IUL 2(108 CITY OF CCILLEYVII_LE OQB A,R.B Roli Infa-rt~r>tation John Marshall Chief Appraiser Section 26.01(c~ of the Mate Property Tax Code directs the chief appraiser to prepare a list of all properties urrcler protest with the Appraisal Review Board and pending disposition at the time of value roll certification. The values beftaw are from the ARB ro11 and are not included in the ti3#als certified by the chief appraiser grid represented on page 1 of this report. 230 , 132 , 422 Total appraised value of properties under protest 226 , 852 , 355 Net taxable value of properies under protest 158, 796 , 649 Estimated minimum taxable value for the same properties ~~~ ~ ©~ ~ 250tI Handley-Ed+ervltle Road Fort'UVortlt,Texas 75116 f8'17! 2$4-OU24 r.,ral;.'i3.r'.~. John Marshall Chief Appraiser TARRANT APRRA(SAL I~iSTRICT 25 ~IUL 200$ CITY 01= COE.LEYV.ILLE 2Qt3~ linc+~rnple~~ Prc~p~r~~y Infc~rmla~c~n Section 26.01 ~d) of thy: State Property Tax Cade directs the chief appraiser to prepare a list of all properties that are net an the certified appraisal rail and net nelucled on the ARB roll. The values below are from the incomplete property listing and are net included in the totals certified by the chief appraiser and represented an page 1 of this report. 7 , 829, 259 Total appraised value of incomplete properties '~ , 209, 937 Estimated net taxable value of incomplete properties Page 3 of 3 z5oo Hand9ey-Edervoita Road F~~ worth, Texas psi ~s ts~z3 zee-ooze 07/26/2008 TARRANT APPRAISAL DISTRICT 6. 48.03 CITY OF COLLEYUILLE 005 TOT200EP TOTA LS REPORT ROLL; 25 JUL 2008 2 008 CERTIFIED REPORT ITEM APPRAISED UALUE ACCOUNTS TAXABLE VALUE 1. REAL ESTATE RESIDENTIAL !+) 3,297,217,33f 9,315 3,213,848,606 2. REAL ESTATE COMMERCIAL {+) 486,272,618 1,004 369,250,582 3. REAL ESTATE INDUSTRIAL {+) 0 4 0 4. PERSONAL PROPERTY COMMERCIAL(+) 98,049,006 991 97,198,864 - 5. PERSONAL PROPERTY INDUSTRIAL{+) 70,863 3 70, 863 6. MINERAL LEASE PROPERTIES {+} 0 0 0 7. AGRICULTURE PROPERTIES {+) 31,641,129 63 255,648 8 TOTAL APPRAISED UALUE (=) 3,.913,25.0,947 11,376 3,680,624,563 9. CASES BEFORE kRB (-) 230,132,422 491 226,852,.355 10. INCOMPLETE ACCOUNTS (-) 7,829,259 260 7,209,.937 11. CERTIFIED APPRAISED VALUE (=) 3,675,289,266 10,625 3,446,562,271 EXEMPTION DETAIL EXEMPT AMOUNT ACCOUNTS APPRAISED VALUE 12. ABSOLUTE EXEMPTIONS 120,333,260 263 120,333,260 13. AG DEFERRALS 29,761,414 55 30,010,383 14. SCENIC DEFERRALS 0 0 0 15. ABATEMENTS 0 0 0 16. PUBLIC ACCESS AIRPORTS 0 0 0 17. INDIGENT HOUSING 0 0 0 18. NOMINAL UALUE ACCOUNTS 0 0 0 19. DISABLED VETS 1,117,000 129 39,780,451 20. FREEPORT INVENTORY 0 0 0 21. GOODS iN TRANSIT 0 0 0 22. HOMESTEADS - STATE ~1ANBATE 0 0 0 23. OVER 65 - STATE MANDATE 0 0 0 24. DISABLED - STATE MANDATE 0 0 0 25, HOMESTEADS - LOCAL OPTION 0 0 0 28, OVER 65 - LOCAL OPTION 73,191,996 1,141 338,969,635 27. DISABLED - LOCAL OPTION 4,268,333 67 20,670,566 28. SOLAR/WIND 0 D 0 29. POLLUTION CONTROL 0 0 0 30. COMM HSE DEU 0 0 0 31. PRORATED ABSOLUTE 54,992 2 56,200 32. HISTORIC SITES 0 0 0 33. FOREIGN TRADE ZONE 0 0 0 34 TOTAL EXEMPT AMOUNT f-) 22$,726,995 35 NET TAXABLE VALUE (_) - 3,446,562,271 10,625 3,675,289,,266 -- NEW~EXEMPTIONS-THIS-YEAR EXEMPT AMOUNT ACCOUNTS APPRAISED VALUE (INCLUDED IN ITEM 12 TO 33} 36. NEW ABSOLUTE EXEMPTIONS 40,000 2 40,000 37. NEW AG DEFERRALS 0 0 0 38. NEW SCENIC DEFERRALS 0 0 0 39. NEW ABATEMENTS 0 0 0 40. NEW PUBLIC ACCESS AIRPORTS 0 0 0 41. NEW INDIGENT HOUSING 0 0 0 42. NEW NOMINAL VALUE ACCOUNTS 0 0 0 43. NEW DISABLED VETS 25,000 5 2,712,$00 44. NEW FREEPORT INVENTORY 0 0 0 45. NEW GOODS IN TRANSIT 0 0 0 PAGE i 07/26/2008 TARRANT APPRAISAL DLSTRIGT 6. 48.03 CITY flF COLLEYUILLE 005 TOT 200EP TOTALS REPORT ROLL: 25 JUL 2008 200$ - CERTIFIED NEW EXEMPTIONS THIS YEAR EXEMPT AMOUNT ACCOUNTS APPRAISED VALUE 46. NEW HOMESTEADS - STATE MANDATE 0 0 0 47, NEW OVER 65 - STATE MANDATE 0 0 0 48. NEW DISABLED - STATE MANDATE 0 0 0 49. NEW HOMESTEADS - LOCAL OPTION 0 0 0 50. NEW OVER 65 - LOCAL OPTION 3,011,66? 47 19,$36,560 51. NEW DISABLED - LOCAL OPTION 260,DD0 4 1,403,000 52. NEW SOLAR/WIND D 0 0 53. NEW POLLUTION CONTROL 0 0 0 54. NEW COMM HSE DEV 0 0 0 55. NEW PRORATED ABSOLUTE 54,992 2 56,200 56. NEW HISTORIC SITES 0 0 0 57. NEW FOREIGN TRADE ZONE 0 0 0 NEW CONSTRUGTION TAXABLE VALUE ACCOUNTS APPRAISED VALUE 58. ALL REAL ESTATE 120,90Q,14i 647 121,191,558 59. NEW BUSINESS IN NEW IMPROVEMENT 168,136 2 168,136 60. TOTAL NEW CONSTRUCTION 121,068,277 649 121,359,694 61. NEW CONSTRUCTION IN RESIDENTIAL 108,826,798 620 109,118,215 62. NEW CONSTRUCTION IN COMMERCIAL 12,241,479 29 12,241,479 63. ANNEXATIONS 0 0 0 64. DEANNEXATIONS 0 0 0 TAX CEILINGS TAXABLE VALUE ACCOUNTS CEILING AMOUNT 65. OVER 65 240,122,582 1,07fi 734,208.18 66. DISABLED PERSON 15,717,033 66 48,921,06. 67. TOTAL CEILINGS 255,839,615 .1,142 783,129.24 (INCLUDED IN ABOVEy 68. NEW OVER 65 CEILINGS 30,964,595 122 105,6$1.6? 69. NEW DISABLED PERSON CEILINGS 1,980,493 10 6,590.96 CAPPED ACCOUNTS CAP VALUE ACCOUNTS CAP LOSS 70. CAP TOTAL 299,885,257 961 35,806,214 71. NEW CAP THIS YEAR 157,357,145 494 14,462,235 ALL EXEMPTIONS BY GROUP EXEMPT AMOUNT APPRAISED VALUE 72. ALL RESIDENTIAL ACCOUNTS 83,368;725 3,297,217,331 73. ALL COMMERCIAL ACCOUNTS 117,872,178 584,321,624 74. ALL INDUSTRIAL ACCOUNTS 0 70,863 75. ALL MINERAL LEASE AGGOUNTS 0 0 76. ALL AGRICULTURE ACCOUNTS 31,3$5,4$f 31,641,129 PAGE 2 ro o H ~ H n ~ Hai ai a ~ y 6 HH ~ O- ro ss ~ H O- ~+ H i O- H O• Hwyy O• 'G rob n7cn mN wo, H H Cll ~~ JJ rl '}~'N C H '~. N HAP UN~ H~ 'yN H~ q NO C h9H ~~ a N\ C N ~' Rf r + ro ro ~ ro y CaH ~ ro rH . 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Vj ~ m~ m w w w r3 a m ~ X H ~ w a ~ iP w 3 x3 ~o ro m m m m m N z ~ 3 w O P 7 ~ cn ~ -a ~ a H ~ mr n H t~ w w w o mPiH n O b h~i a o o e H n r ~ ~ N Q o O (n '. ~ t A P In v J .] a 'q [-] • 0 r m C v ~ N N t-+ H Y n a ~ a a ~ z mz m a, rn m ~ ~ H 111 L77 N N Ui $d $ m ~ ~ ~ ~ n N N N N N H aD CO ~ m 07 • W W W w W ~-. 0 N Vt N 71 1 ~ [xj y SC ~' m m ~y m N of a p CA 5G y ~ (JI .P iP ~P iP f /1 t A w Y w m m m H r Gl o w w w N m ro N ~'-~~~~~- City Hall City of Colleyville 100 Main Street ~~ ~ Colleyville, Texas 76034 °~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 08/05/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 6 Final Action: Secretary File Name: Reports -August 5, 2008 Attachments: Parks and Recreation Advisory Board Minutes -May 5, 2008 Planning and Zoning Commission Minutes -June 9, 2008 Colleyville Trails and Sidewalks Committee Minutes - June 10, 2008 Senior Center Advisory Committee Minutes -June 19,2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/05/2008 City Council Title Parks and Recreation Advisory Board Minutes -May 5, 2008 Planning and Zoning Commission Minutes -June 9, 2008 Colleyville Trails and Sidewalks Committee Minutes -June 10, 2008 Senior Center Advisory Committee Minutes -June 19, 2008 City of Colleyville Page 1 Printed on 7/30/2008 G~tY of ,~` Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, May 5, 2008 6:00 p.m. Steve Dalri called the meeting to order at 6:08 p.m. on Monday, May 5, 2008 the Parks and Recreation Office. ROLL CALL: Steve Dalri, Franklin Hyde, Brian Estridge, Joe Ben Hassell, Pat Horn and Councilman Tony Licata ABSENT: Vince Rosen, Peter Coyne, Deena Dendy, Councilman Mike Taylor, Charlie Warren, GCISD Liaison, Monica Walsh, Director of Parks and Recreation and Wanda Drexel, Administrative Secretary STAFF: Luke DeFilippis, Recreation Supervisor Call to Order 2. Approval of the April 7, 2008 Parks and Recreation Advisory Board Minutes Pat Horn moved to approve the April 7, 2008 Parks and Recreation Advisory Board minutes as amended to read April 7, 2008 instead of April 5, 2008. Jae Ben Hassell seconded the motion. The vote was unanimous. 3. Recreation, Athletics, Tennis and Seniors' Reports Luke DeFilippis provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 4. Park Operations and Capital Improvement Status Reports Luke DeFilippis, Recreation Supervisor, presented a status report on current projects. 5. Citizen CommentslPresentations Regarding Items not on the Agenda* Pat Horn commented that more trash cans were needed on the trails near the pet stations at McPherson Park. There are several pet stations that do not have trash cans. Luke DeFilippis, Recreation Supervisor, said he would inform Monica Walsh, Director of Parks and Recreation. There was discussion as to wha# the "in progress" statement meant concerning McDonwell School Road Trail. Luke DeFilippis, Recreation Supervisor, said he find out and let everyone know. 6. Adjournment Joe Ben Hassell moved to adjourn at 6:24 p.m. Brian Estridge seconded the motion. The vote was unanimous. Respectfully submitted and approved: Wanda Drexel, Administrative Secretary ~. _. ~`~"=~' City of Colleyville ~ Minutes -Final ~:.;, Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 9, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP, EXECUTIVE CONF. ROOM, 3RD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on June 9, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioner Denis Duffy Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt and Amy Shelley 3. INVOCATION Commissioner Clardy The invocation was given by Commissioner Clardy 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 12, 2008 Commissioner Dudziak moved to approve the May 12, 2008 meeting minutes as written. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 7/15/2008 Planning and Zoning Commission Minutes -Final June 9, 2008 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat for Lot 1, Block 1 of the Renaissance Estates Addition on 1.6 acres out of the BBB and C Ry Survey located at 412 Glade Road, Case P-08-020 Justin Bass presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-08-020. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 9. COMMISSIONERS' COMMENTS AND REPORTS None 10. ADJOURNMENT The meeting adjourned at 7:05 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, June 5, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on July 14, 2008. City of Colleyville Page 2 Printed on 7/15/2008 G~~Y o/ Te:ae COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE WORKSESSION MINUTES -June 10, 2008 CALL TO ORDER The meeting was called to order at 4:06 p.m. ROLL CALL Present: David Klenzendorf, Gail Manion, Odilon Alvarado, Jack Olsen, Judy Atwood Staff Present: Jeremy Hutt and Kathy Moore APPROVAL OF MINUTES Jack Olsen moved to approve the minutes from the June 10, 2008 meeting, as written. Gail Manion seconded the motion. WORKSESSION AGENDA ITEMS 1. Discussion of a Proposed Amendment to the Colleyville Pathways Plan to include a Sidewalk Master Plan Jeremy Hutt opened the meeting with his plan for creating a Master Sidewalk Plan. The plan is to color code the City's existing map of the Sidewalks and Trail System to include three options. Option #1 -Standard Sidewalks Required, which means no exceptions; Option #2 -Sidewalks NOT Required, which means that the Committee sees no public benefit to require sidewalks in these areas; and Option #3 -Escrow Option for Sidewalk, which means that the contractor may choose to escrow funds in lieu of building sidewalks. The plan is for the Committee to go street by street and code each street with one of the three options. The Committee started with the Brighton Oaks Subdivision and other familiar areas. Several streets were marked for additional information; Jeremy Hutt will research the areas in question and present his finding to the Committee at the next worksession. Gail Manion asked if we would hold a public meeting once the sidewalk master plan is complete; she stated that this was done when the trail master plan was complete. Jeremy Hutt thought that would be a possibility. Discussion and color coding continued, with Jeremy Hutt requesting that the Committee skip over the school areas for now and come back to them at a later date. The Committee requested maps with 1500 feet around the school areas. Staff will prepare the requested maps and mail to the Committee members. Colleyville Trails and Sidewalks Committee Worksession Minutes -June 10 2008 In the course of color coding the streets, the Committee requested additional information at several locations. Jeremy Hutt will research the areas in question and bring the additional information to the next worksession. In addition, Judy Atwood requested an updated list of escrow funds. Jeremy Hutt suggested that the Committee pick a couple of locations to look at/research before the next worksession. Jeremy Hutt suggested that they start with the Shelton Road, Beverly Drive, Colleyville Terrace, the area around O.C. Taylor, and possibly the Northwest corner-Murphy Road area. Jeremy Hutt gave an update of the bid opening for the 2008 Sidewalk Improvements stating that we would be able to do the first alternate which includes the first two sections of Beverly Drive. David Klenzendorf asked for the cost breakdown on the project. Jeremy Hutt stated that the contractor has been updated to when school starts and that Beverly Drive and Shelton Road are the top priorities. Gai! Manion questioned when Bogart Drive Improvements would be complete and stated her concerns on crosswalk location; she also suggested that someone from the Committee meet with the Police Department, Engineering and GCISD on this matter. Jeremy Hutt said he would address this with Chad Bartee. STAFF REPORTS The committee agreed to have another worksession to continue working on the Sidewalk Master Plan. The worksession will be set for Tuesday, July 1, 2008 at 4:00 p.m. ADJOURNMENT The meeting adjourned at 5:58 p.m. Respectfully Submitted, Kathy E, oore Administrative Assistant Approved on: July 1, 2008 Colleyville Trails and Sidewalks Committee Worksession Minutes -June 10 2008 G~tY of ~~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, June 19, 2008 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:31 p.m. on Thursday, June 19, 2008 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Wanda Johnson, Dorothy Parker, Jack Olsen, Connie Hampton and Patrecia Fox ABSENT: Lila Coley, Councilman Tom Hart and Councilman Mike Taylor, STAFF: Monica Walsh, Park and Recreation Director and Renee Garrett, Senior Center Supervisor Call to Order and Roll Call Approval of the May 15, 2008 Senior Center Advisory Committee Minutes Jack Olsen made a motion to approve the minutes as read. Patrecia Fox seconded. The motion carried with a unanimous vote. Senior Center Advisory Committee June 19, 2008 Page 2 of 4 Discussion and Consideration of Senior Center Committees Social Committee: Barbara Kirkland reported that she needed guidelines and rules concerning when the committee can meet and what they can do. Monica Walsh, Park and Recreation Director, stated that the committee can meet whenever they want and decide what they would like to do. The committee then will need to get with Renee Garrett, Senior Center Supervisor and work out the details. Also, she stated that we are flexible and you do not have to plan six (6) months down the road. Dates for socials will be published in the newsletter, announcements at luncheons and dinners and also via phone calls. Van guidelines -the City van and rental van can only be driven by a city employee. City insurance doesn't cover volunteers driving the van. Therefore, scheduling for the use of a van must be done in advance since the City van is also utilized by the Park and Recreation Department and someone has to be available to drive. Directory Communications Committee: No report Welcome Committee: A committee has been formed and is in the process of planning a fall and spring tea. Sunshine Committee: Connie Hampton reported that she has sent one (1) get well card and Renee Garrett, Senior Center Supervisor, had also sent a card to Jim Hampton. 4. Discussion and Consideration of Senior Center Wish List Renee Garrett, Senior Center Supervisor, reported that the bookshelves had been purchased and will be put together by the Parks Department. She has not purchased the chairs but will do so. Debra Minea reported on forms to laminate. She stated that personal information should be available on each person and at home. This information should include medications, medical conditions and contacts. Cards have been made to hand out and are wallet size. One card should be on the person at all times and the other kept at home. More cards can be made as needed. However, it is recommended that the cards should not be laminated because information changes and it would be easier to make changes on the cards if they are not laminated. She also reported that the Fire Department is working on a program Senior Center Advisory Committee June 19, 2008 Page 3 of 4 called "Vial of Life". They are working with CVS, Walgreens, Market Street and other pharmacies to see if they would provide these. The Fire Department will also visit four (4) times a year and share information and tips. They will share information such as ICE (in case of emergency) and DNR forms. Jack Olsen also informed the group that Wal Mart can make you a dog tag with vital information for approximately $5. This is great for someone walking or jogging. 5. Discussion on Items of Interest for Potential Future Action None to report. 6. Reports -Staff and Committees Renee Garrett, Senior Center Supervisor, gave an overview of the senior activities and programs. She reported that in May there were 662 visits and so far for the month of June 442 visits. She also reported that the Commuter Rail Meeting will be held on the following dates: June 19t" - 7:00 p.m. Colleyville Center June 24t" - 11:00 a.m. Colleyville Senior Center June 25t" - 7:00 p.m. Colleyville Center July 8t" - 7:00 p.m. Colleyville Center Jack Olsen - no report. Acoustical Report was given by Renee Garrett, Senior Center Supervisor. She passed out a copy of the acoustical report and drawings. After much discussion, it was decided that staff will find out how much this treatment will help the sound problems. A discussion was held concerning the black ceiling and it was brought up that it would brighten the area if it were painted another color. Dorothy Parker made a motion to have staff research the cost of painting the ceiling. It was seconded by Patrecia Fox. The motion carried with a unanimous vote. Senior Center Advisory Committee June 19, 2008 Page 4 of 4 7. Citizen comments/presentation regarding items not on the agenda* No citizen comments. 8. Adjournment Jack Olsen moved to adjourn at 2:26 p.m. Wanda Johnson seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary RESOLUTION R-08-2995 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF AUGUST 5, 2008 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 BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor