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City Council-Agenda Packets-8/4/2009
"'--"_' City of Colleyville 100 Main Street ~~ Colleyville, Texas 76034 '.:,J ~ ~ Agenda 817.503.1000 ,., ;;, vrww.colleyville.com City Council Tuesday, August 4, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Update on the Colleyville Public Library Spatial Reorganization Plan - Estimate of Additional Operational Costs for Second Floor Development PC-2 Discussion of the August 4, 2009 City Council meeting 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites 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: Neda Moayad, Colleyville Baha'i Community City of Colleyville Page 1 Printed on 7/31/2009 City Council Agenda August 4, 2009 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-09-3124 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation - In recognition of The Robert J. and Helen H. Glaser Family Foundation for their sustained support of the Colleyville Public Library, 2003 - 2009, through grants for the Summer Reading Program and library materials -Christine and Robert Glaser, Jr. by Mayor David Kelly on behalf of the Colleyville Public Library Foundation 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3125 4a Approval of the minutes of the regular City Council meeting of July 21, 2009 4b Approval of the minutes of the Joint City Council and Colleyville Library Board meeting of July 9, 2009 4c Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2009 4d Approval and adoption of the 2009 certified tax roll 4e Approval of the annual review of the City's Investment Policy 4f Approval of Broker/Dealer firms for investment purchases 4g Approval of a donation of granite memorial markers from Michael E. Patterson 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1723 Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code City of Colleyville Page 2 Printed on 7/31/2009 City Council Agenda August 4, 2009 5b 0-09-1724 Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1725 Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3118 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 8. TABLED ITEMS: READING AND PUBLIC HEARING 8a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings 8b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 4, 2009 - Reading and Public Hearing -Resolution R-09-3126 11. ADJOURNMENT: City of Colleyville Page 3 Printed on 7/31/2009 City Council Agenda August 4, 2009 I hereby certify the above enda was posted on the bulletin boards at City Hall on Friday, July 31, 2009, b 5:00 p. m. Cyn hia 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. City of Colleyville Page 4 Printed on 7/31/2009 G~ ' of ~ City of Colleyville 100 ain Street Colleyville, Texas 76034 r~~a: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Library Agenda Date: 08/04/2009 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Update on the Colleyville Public Library Spatial Reorganization Plan -Estimate of Additional Operational Costs for Second Floor Development Attachments: Colleyville Public Library FY 2010 - 2019 Estimate of Additional Operational costs for Second Floor Development History of Legislative File Version: Date: Acting Body: Action Text: 08/04/2009 City Council Title Update on the Colleyville Public Library Spatial Reorganization Plan -Estimate of Additional Operational Costs for Second Floor Development Explanation This item provides additional information regarding the Colleyville Public Library Spatial Reorganization Plan. Staff presented an overview of the Spatial Reorganization Plan at a Joint City Council and Library Board Meeting on July 9, 2009. During the worksession, staff sought to receive City Council direction on the conceptual idea of developing the second floor as a program and children's area and reconfiguring existing space on the first floor to enhance current uses. Following the presentations and discussion, the City Council requested an estimate of additional operational costs for the development of the Library's second floor prior to consideration of approval to proceed with engaging an architect to develop a schematic design for the library's Spatial Reorganization Plan. Staff has developed a 10 year estimate of additional operational costs for the library's second floor. In developing the additional operational cost model, staffing levels, janitorial and utility costs were evaluated. The estimated costs were based on the library's current level of operations, 48 hours per week, existing programming options, and the assumption that new and evolving services will be provided through ongoing evaluation and reallocation of existing resources. If the project is approved, the total additional estimated cost for first year operations of the developed second floor is $72,227, and is anticipated during FY 2011. The most significant cost for development of the second floor is personnel ($68,181). Additional staffing projections include adding four part-time library assistant positions, which is equal to two full-time equivalences (FTE). This would increase the current Youth Services staffing level from two full-time equivalences (FTE) to four full-time equivalences City of Colleyville Page 1 Printed on 7/31/2009 Agenda Briefing Continued (FTE). The process for determining the recommended staffing level included the following considerations: aminimal staffing level for the current level of 48 hours a week of service hours; an adequate staffing level to meet the needs of current programming options, predictable staff hours unavailable (standard vacations); unpredictable staff hours unavailable (sick time); and flexibility in scheduling staff to meet fluctuating Library service demands. In determining estimated operational costs for janitorial services, 24 a week was added to the existing level of service at a cost of $4,046. The utility analysis concluded that costs would remain about the same as the library is currently using the second floor for programming approximately four to six hours a day on weekdays and on some Saturdays. Additionally, several energy cost saving measures are currently being implemented, which will offset the minimal additional electrical usage costs that would be incurred with the development of the second floor. The attached financial projection of estimated additional operational costs for development of the library's second floor indicates this enhancement is 10% of the library's current operating budget. Library services to the residents of Colleyville would be enhanced at a minimal cost and a potential source of funding could be the Colleyville Economic Development Corporation annual operating budget. Additionally, progress would be made in meeting the needs identified by the community during the development of the library's Spatial Reorganization Plan. These included: additional space for basic services; space to accommodate growth in collections; zone activities; create a "third" place in the community; generous program and meeting space; a technology area; and leverage staff to highest and best use. The first phase of the library's Spatial Reorganization Plan includes the development of the second floor and reconfiguring the first floor to enhance existing uses. Staff recommends engaging an architectural firm to develop a schematic design for the Library's Spatial Reorganization Plan. This design will provide the information necessary to establish an actual cost estimate for design and construction. The estimated schematic design phase fee is $8,614 and funding is available in the FY 2009 General Fund budget. City of Colleyville Page 2 Printed on 7/31/2009 ~ ~ \° O M N r ~' ° M ~ O N Cfl ~ ~ ~ _ ~ ~ r- ~ M 00 O N 00 oM0 ~ ~ O ~ 00 000 ~ N ~ N ~ M Z W (~ N r ~ EA M 00 ~ ~' N ~ ° N r ~- o o ,J ~ w C4 O N O ~ f,H COO^ ~ ti 00 E!? ° ~ ~ M ~ ~ ~ O LL ~ .- N f~ ~ E!? ~ ~ N _ 00 69 ° ~ ~ Z d' O ~ N ~t N ~ ° ~ N W O LL N ~ ~? ~ ~ N r N O M N M M ~ N ~ 0 ~ ~ U 'J Z N Cfl N I~ ~ ~' M 0 O O _ O N O bF3 ~ ~ EA ~ W ~- co f~ d Q ~- O N oo ~ ~ ~ O ~ N N ~ ° O ~ Z ~ ~ O ~ Q 0 o N ~ ~ ~ 0 LL m W J V ~ ~ ~ aw J ~ J ~ N O J N ~~ u t~i ~jol- W ~ V ,~ N ~ ~ ~ N U C7 ~ w J 2 ~I Z W ~ z p Q ~ ~ 0 Z~m~ Q O ~ i ~ ~ ~ J ~ c ~ ~ U ~ ~ Q W Z la- ~ ~Q~N a a ~ o ° Qam~ Z H Z O H W O O N LL. ~ W ~ ~ ~-" Q ~ W U U J Z Q Z J ~ Q Z Z ~, a i o M J (~ ~ ~ _ ~ ~ ~ ~ Q W ~ Z Gt • of City of Colleyville ~ City Hall 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: 08/04/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Secretary File Name: Discussion of the August 4, 2009 City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 08/04/2009 City Council Title Discussion of the August 4, 2009 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 7/29/2009 ,;, ~~ City of Colleyville City Hall 100 Main Street ~ ~ 1 Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 08/04/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -August 4, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 08/04/2009 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property - Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites 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 7/26/2009 RESOLUTION R-09-3124 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF AUGUST 4, 2009 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 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor [:1 ' tN City of Colleyville 100 Mltain Street 8 Colleyville, Texas 76034 Tcxa4 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 08/04/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -August 4, 2009 Attachments: Robert J. and Helen Glaser Family Foundation Day in Colleyville Proclamation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/04/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation - In recognition of The Robert J. and Helen H. Glaser Family Foundation for their sustained support of the Colleyville Public Library, 2003 - 2009, through grants for the Summer Reading Program and library materials -Christine and Robert Glaser, Jr. by Mayor David Kelly on behalf of the Colleyville Public Library Foundation City of Colleyville Page 1 Printed on 7/30/2009 roci~n~~tiot~ Colleyville, Texas WHEREAS: the City of Colleyville opened the Colleyville Public Library on November 23, 2003; and WHEREAS, the Colleyville Public Library annually conducts a Summer Reading Program which promotes enthusiasm and interest of reading community wide; and WHEREAS, Colleyville Public Library staff and volunteers have developed educational and fun Summer Reading Program themes such as: 2004 - "Elect to Read", 2005 - "Superheroes: Powered by Books", 2006 - "Reading - the Sport of Champions", 2007 - Sail Away with Books", 2008 - "Read! Explore! Go Wild!' and in 2009 - "Libraries: Deep in the Heart of Texas; and WHEREAS, the Robert J. and Helen Glaser Family Foundation has provided a grant in the amount of $10,000 annually from 2004 - 2008 to the Colleyville Public Library Foundation to support the Summer Reading Programs, and additionally, in 2003, provided a grant in the amount of $5,000 for the purchase of children's books for the Library's Opening Day Collection; and WHEREAS, The Robert J. and Helen Glaser Family Foundation grant funding has been the major source of funding for the Summer Reading Programs of the Colleyville Public Library; and WHEREAS, The Robert J. and Helen Glaser Family Foundation grants have made it possible for the Library to provide exciting and engaging Summer Reading Programs that have touched the lives of thousands of children and adults; promoting literacy, lifelong learning, and the enjoyment of reading, viewing, and listening; and WHEREAS, 5,960 children and adults have participated in the Summer Reading Programs from 2004- 2008; and WHEREAS, the Library has presented over 256 summer events, such as Story Times, Chess Club, and a variety of professional shows, which have, been attended by approximately 25,000. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, do hereby proclaim August 6, 2009 as ROBERT J. AND HELEN GLASER FAMILY FOUNDATION DAY IN COLLEYVILLE in recognition of this day, the Library will conclude its sixth Summer Reading Program and we call upon our citizens to support and extend our congratulations to The Robert J. and Helen Glaser Family and encourage all citizens to participate in the Colleyville Public Library Summer Reading Programs. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 4`"day of August 2009. Mayor ~~~ o. 7EX89 RESOLUTION R-09-3125 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF AUGUST 4, 2009 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 21, 2009 b. Approval of the minutes of the Joint City Council and Colleyville Library Board meeting of July 9, 2009 c. Approval of a contract with Pattillo, Brown and hill, L.L.P. for audit services for fiscal year ended September 30, 2009 d. Approval and adoption of the 2009 certified tax roll e. Approval of the annual review of the City's Investment Policy f. Approval of Broker/Dealer firms for investment purchases g. Approval of a donation of granite memorial markers from Michael E. Patterson AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor 4` or City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 r~xaa www.colleyville.com City Council Tuesday, July 21, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 21, 2009, at 5:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Court Administrator Karen Randolph, Accountant Karen Hines, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Network Administrator Paul DePingre, 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. Mayor Pro Tem Ayers arrived at 6:10 p.m. PC-1 Discussion of conversion to a court of record by the municipal court Finance Director outlined the criteria, process, benefits and expenses associated with a conversion to a court of record by the municipal court and answered questions of the City Council. Court Administrator Karen Randolph provided information regarding the digital recording equipment. Matthew Boyle provided additional information regarding the appeal process for citations. PC-2 Discussion of the implementation of the Vehicle Idling Memorandum of Agreement with the Texas Commission of Environmental Quality (TCEQ) Public Works Director Steve Chutchian reviewed the implementation plan of the vehicle idling restrictions, which are included as a control strategy in the Dallas-Fort Worth 8-hour Ozone Attainment Demonstration State Implementation Plan and stated the City of Colleyville is within the designated ozone nonattainment area. City of Colleyville Page 1 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 PC-3 PC-4 PC-5 Presentation of the Monthly Financial Report -June 2009 Finance Director Terry Leake presented the June 2009 Monthly Financial Report and reviewed the ad valorem and sales tax revenues, residential building permits, ambulance revenues and Utility Fund expenditures. Update and review of Fiscal Year 2009 (FY 2009) Work Plan Assistant City Manager Kelly Cooper provided an update of the Fiscal Year 2009 Work Plan and answered questions of the City Council. There was general discussion regarding an evaluation instrument for capital projects, Senior Center trails, retention of the City Council meeting videos for historical purposes and the Parks and Recreation Master Plan regarding landscaping and irrigation. City Manager Jennifer Fadden requested City Council advise of additional initiatives to be included in the Fiscal Year 2010 Work Plan. Discussion of the July 21, 2009 City Council meeting regular agenda items Interim Community Development Director Ron Ruthven stated the applicant for the sidewalk escrow appeal for 1801 Prince Meadow is unable to attend the City Council meeting. There was general discussion of the agenda items regarding plans for sidewalks at the Timarron Addition and the Van Oaks Addition. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:28 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 21, 2009, at 6:29 p.m. City of Colleyville Page 2 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Court Administrator Karen Randolph, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Communications Director Mona Gandy, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites 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 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:29 p.m. and reconvened at 7:31 p.m INVOCATION: Pastor Jay Franks, Compass Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 3 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3116 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Mayor Kelly announced a Special Election will be held August 1, 2009, to fill an unexpired term of Councilmember, Place 2, reviewed the dates and times of Early Voting and Election Day and stated both will be conducted at City Hall. Mayor Kelly recognized and commended Detectives Kevin Walling and Bob Etheridge and Police Chief Tommy Ingram for organizing the Colleyville Old Tyme Barbeque Cook-Off, in support of Special Olympics and receiving the Special Olympics Number One Fund Raising Small Agency Award and the Flame of Hope Award. Detectives Walling and Etheridge led and coordinated the involvement of the Colleyville Police Department in the 2009 Special Olympics Torch Run. Detective Kevin Walling expressed appreciation to the City Council and citizens for their support of the Colleyville Barbeque Cook-Off and Special Olympics. Mayor Kelly encouraged citizens to attend the Barbeque Cook-Off, which is held annually the first Friday and Saturday in June. Mayor Kelly presented a Proclamation to Detective Bob Etheridge in recognition of his support and service to the Special Olympics. Detective Bob Etheridge expressed appreciation to all those who support the Special Olympics and spoke regarding the personal reward of working with the participants. Mayor Kelly presented a Proclamation to Detective Kevin Walling in recognition of outstanding service and thousands of hours of time committed to Special Olympics. Detective Walling expressed appreciation to the Hall family and friends for their support and gave special recognition to Billy Ray for working during the event. Detective Walling, on behalf of the City of Colleyville, presented a check in the amount of $16,000 to Billy Ray and Ms. Katie Wheeler, Development Director for Torch Run, Special Olympics Texas. City of Colleyville Page 4 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 Ms. Wheeler expressed appreciation to the City Council, citizens and the Police Department for the generaous support of Special Olympics. Mayor Kelly announced the City has donated a total of $65,000 to Special Olympics. Mayor Kelly recognized Mr. Frank Whitmire for over 40 years of service to the City and proclaimed July 21, 2009, as Frank Whitmire Day in the City of Colleyville. Police Chief Tommy Ingram spoke regarding Mr. Whitmire's commitment to the City and stated Mr. Whitmire exemplifies the true meaning of serving mankind. Mr. Whitemire spoke regarding the history and development of the community and expressed appreciation for the recognition. Councilmember Taylor commended Mr. Whitmire for his service to the community. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3117 4a Approval of the minutes of the regular City Council meeting of July 7, 2009 4b Approval of bid award for health, dental, life, and long-term disability insurance to Aetna and authorize the City Manager to execute the agreement Mayor Kelly read Resolution R-09-3117 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 Taylor moved to approve Resolution R-09-3117. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 5 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1722 Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville Mayor Kelly read the caption of Ordinance 0-09-1722. 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 Taylor moved to approve Ordinance 0-09-1722. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1723 Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code Mayor Kelly read the caption of Ordinance 0-09-1723. Public Works Director Steve Chutchian provided an overview of the flood hazard regulations. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6b 0-09-1724 Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction Mayor Kelly read the caption of Ordinance 0-09-1724. _- City of Colleyville Page 6 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 Management Assistant Christine Loven provided information regarding the proposed negotiated resolution between Atmos Cities Steering Committee and Atmos Energy Corporation regarding the company's rate review mechanism filing. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3118 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 Mayor Kelly made a motion to continue Resolution R-09-3118 at the August 4, 2009, City Council meeting. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7b R-09-3119 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block 1, of the Van Oaks Addition, located at 205 Van Oaks Drive, Case GC09-013 Mayor Kelly read Resolution R-09-3118 in its entirety. Interim Community Development Director Ron Ruthven stated the request is for a refund of sidewalk escrow funds, in the amount of $1,680.00, and staff recommends denial. Mayor Kelly opened the public hearing. Mr. Guy Church, 205 Van Oaks, applicant, reviewed the reasons for requesting a refund of sidewalk escrow funds. 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 Resolution R-09-3119. City of Colleyville Page 7 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7c R-09-3120 Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board of Directors Mayor Kelly read Resolution R-09-3120 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 to the Colleyville Economic Development Corporation Board. Councilmember Wollin nominated Councilmembers Tom Hart and Stan Hall to serve on the Colleyville Economic Development Corporation Board. There were no other nominations. Councilmember Wollin moved to approve Resolution R-09-3120, appointing Councilmembers Tom Hart and Stan Hall to serve on the Colleyville Economic Development Corporation Board. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7d R-09-3121 Consideration of appointments to the Audit Committee Mayor Kelly read Resolution R-09-3121 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 to the Audit Committee. City of Colleyville Page 8 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 Mayor Kelly nominated Councilmembers Tom Hart and Mike Taylor to the Audit Committee. There were no other nominations. Mayor Kelly moved to approve Resolution R-09-3121, appointing Councilmembers Tom Hart and Mike Taylor to the Audit Committee. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Councilmember Taylor requested that Agenda Item 7d, Consideration of appointments to the Audit Committee, be reopened for consideration and that his name be withdrawn due to a conflict of interest. Mayor Kelly reopened Agenda Item 7d for consideration of appointments to the Audit Committee. Councilmember Hart moved to reconsider the appointments to the Audit Committee. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly opened the floor for nominations. Councilmember Wollin nominated Councilmember Stan Hall. Councilmember Hart seconded the motion. Councilmember Wollin moved to appoint Councilmember Hart and Councilmember Hall to the Audit Committee. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor ----- City of Colleyville Page 9 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 7e 8. R-09-3122 Consideration of appointment to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-09-3122 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 to the Parks and Recreation Advisory Board. Councilmember Wollin nominated Suzanne Hughes. There were no other nominations. Councilmember Wollin moved to approve Resolution R-09-3122, appointing Suzanne Hughes to the Parks and Recreation Advisory Board. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor TABLED ITEMS: READING AND PUBLIC HEARING 8a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings This item was passed over. 8b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas This item was passed over. City of Colleyville Page 10 Printed on 7/31/2009 City Council City Council Minutes July 21, 2009 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Parks and Recreation Advisory Board Minutes -February 2, 2009 Senior Center Advisory Committee Minutes -April 16, 2009 Parks and Recreation Advisory Board Minutes -May 4, 2009 Planning and Zoning Commission Minutes -May 26, 2009 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 21, 2009 - Reading and Public Hearing -Resolution R-09-3123 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:18 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND DAY OF 2009. City of Colleyville Page 11 Printed on 7/31/2009 ~=- -~ -_ "z"' City of Colleyville f ,.,fit , '~~~ ~ ~ Minutes -Draft T v:K Joint City Council and Library Board City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vrww.colleyville.com Thursday, July 9, 2009 6:00 PM Executive Conference Room, 3rd floor The Joint City Council and Library Board Worksession was called to order by Mayor David Kelly on July 9, 2009, at 6:10 p.m. ROLL CALL: Councilmembers Stan Hall, Carol Wollin, Mike Taylor and Mayor David Kelly; Library Board members Nancy Bowen, Mary Alice Rippe, Kay Newton, Cecelia Monacelli, Pat Jones, R.E. Roxburgh, Thad Bolline and Chairman Jerome Davis and Colleyville Public Library Foundation member Elsie Gunter were present. City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper and Library Director Mary Rodne were also present. 2. Opening Comments Mayor Kelly requested introductions of all those in attendance. Library Board Chairman Jerome Davis provided circulation statistics and read portions of an email from Ms. Jill Coan commending the library's programs, book inventory and staff. 3. Presentation and Discussion 3a Presentation of the Colleyville Public Library Spatial Reorganization Project Library Director Mary Rodne reviewed the library's long range plan and goals, the proposed Spatial Reorganization Plan and process, the needs of the library, the estimated cost for implementation and the recommendations for City Council's consideration. There was general discussion regarding plan scenarios for reconfiguration of library space, possible partnerships with local businesses for use of space, funding strategies, safety concerns regarding use of the second floor for children's programs, operational cost, Phase I and Phase II development and timeline. Library Director Mary Rodne provided statistics regarding number of patrons and marketing campaign. City of Colleyville Page 1 Printed on 7/23/2009 Joint City Council and Library Minutes -Draft July 9, 2009 Board 4. Adjournment There being no further discussion, Mayor Kelly adjourned the meeting at 7:22 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Kelly Cooper Assistant City Manager City of Colleyville Page 2 Printed on 7/23/2009 G'W City of Colleyville 100 Mltain Street 8 Colleyville, Texas 76034 nxa~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/04/2009 Requester: Finance Department Agenda No.: 4c Controlling Body: City Council Final Action: File Name: Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2009 Attachments: Audit Engagement Letter for Fiscal Year ended September 30, 2009.pdf 2007 Peer Review. pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/04/2009 City Council Title Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2009 Explanation Reading and Public Hearing In May 2008, the City Council awarded the contract for auditing services to Pattillo, Brown and Hill, L.L.P., for afive-year term (fiscal years 2008-2012). The cost of auditing services is $39,975, as proposed for the second year services in the original Request for Proposal. Prior to the City Council meeting, the Audit Committee met to affirm utilizing Pattillo, Brown and Hill, L.L.P. for the fiscal year ended September 30, 2009 audit. Financial Impact It has been determined that funding for the annual audit is provided in the following budgets: General Fund (Finance), Utility Fund (Utility Billing), Drainage Utility Fund, Crime Control and Prevention District Fund, and Colleyville Economic Development Corporation Fund. Recommendation Approval City of Colleyville Page 1 Printed on 7/30/2009 ~,j li PATTILLO, BROWN & HILL, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS ^ BUSINESS CONSULTANTS July 23, 2009 City of Colleyville, Texas Attention: Terry Leake 100 Main Street Colleyville, Texas 76034 Ladies and Gentlemen: We are pleased to confirm our understanding of the services we are to provide the City of Colleyville for the year ended September 30, 2009. We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Colleyville as of and for the year ended September 30, 2009. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as Inanagelment's discussion and analysis (MD&A), to accompany the City of Colleyville's basic financial statements. As part of our engagement, we will apply certain limited procedures to t11e City of Colleyville's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. Supplementary information other than RSI also accompanies the City of Colleyville's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: 1) Combining and individual non-major fund financial statements. The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion. 1) Introductory section. 2) Statistical section. 401 WEST HIGHWAY 6 ^ P. 0. BOX 20725 ^ WACO, TX 76702-0725 ^ (254) 772-4901 ^ FAX: (254) 772-4920 ^ www.pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544-7778 ^ HILLSBORO, TX (254) 582-2583 TEMPLE, TX (254) 791-3460 ^ WHITNEY, TX (254) 694-4600 ^ ALBUQUERQUE, NM (505) 266-5904 City of Colleyville July 23, 2009 Page 2 Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with generally accepted auditing standards established by the Auditing Standards Board (United States) and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Colleyville and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City of Colleyville is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will prepare a draft of your financial statements and related notes. You are responsible for making all management decisions and perfonning all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Colleyville and the respective City of Colleyville July 23, 2009 Page 3 changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section.of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether fiom (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Go>>ernment Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, City of Colleyville July 23, 2009 Page 4 unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting anisstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under A1CPA professional standards and Government Auditing Standards. Audit Procedures-Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Colleyville's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. City of Colleyville July 23, 2009 Page 5 The audit documentation for this engagement is the property of Pattillo, Brown & Hill, L.L.P. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Pattillo, Brown & Hill, L.L.P. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. John K. Manning is the engagement partner and is responsible for supervising the engagement and signing the report. Our fee for these services will be at our standard hourly rates plus out-of- pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $39,975. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our fine policies, work may be suspended if your account becomes overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of- pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. if significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Go>ernment Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2007 peer review letter of comment accompanies this letter. We appreciate t11e opportunity to be of service to the City of Colleyville and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Pattillo, Brown & Hill, L.L.P ~4.1~~ 1 John K. Manning, CPA City of Colleyville July 23, 2009 JKM/ar RESPONSE: This letter correctly sets forth the understanding of the City of Colleyville. By: Ti Page 6 Date: EUB~ ~BE_ A Professional Limited Liability Company CERTIFIED PUBLIC ACCOUNTANTS 3820 I-55 North, Suite I00 (392! 1) P.O. Box 16090 Jackson, Mississippi 39236-6090 Telephone601-987-4300 Fax601-987-4314 E-maiL• firm@eubankbetts.com Webriu: wwweubankbetts.com November 15, 2007 To the Partners of Pattillo, Brown & Hill, LLP and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Pattillo, Brown & Hill, LLP (the firm) applicable to non-SEC issuers in effect for the year ended May 31, 2007. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspectvag that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of. quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non-SEC issuers of Pattillo, Brown & Hill, LLP, in effect for the year ended May 31, 2007, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the firm. with reasonable assurance of complying with applicable professional standards. EUBANE & BETTS, PLLC CPA Associates International, Inc., American Institute of Certified Public Aaountants AICPA Tax Division A Worldwide Network of Accounting Firms Mississippi Society of Certified Public Accountants AICPA Center for Public Company Audit Firms c~'w City of Colleyville 100 Mltain Street Colleyville, Texas 76034 h.~aw Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/04/2009 Requester: Finance Department Agenda No.: 4d File Name: Approval and adoption of the 2009 certified tax roll Controlling Body: City Council Final Action: Attachments: Certified Tax Roll.pdf Notice of Effective Tax Rate - FY 2010.pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/04/2009 City Council Title Approval and adoption of the 2009 certified tax roll Explanation Reading and Public Hearing On July 25, 2009, the Chief Appraiser of Tarrant Appraisal District certified the 2009 tax roll to be levied on October 1, 2009 (Fiscal Year 2010), in the amount of $3,422,018,996. This total excludes the value of properties currently under appeal and incomplete appraisals to the Appraisal Review Board, in the amount of $301,134,531 (minimum projected value). These amounts total $3,723,153,527 in projected assessed valuation and are the totals that are used to calculate the effective tax rate. Included in this total are new construction values of $113,473,202. The value for properties located outside of the Tax Increment Financing (TIF) district is $3,458,808,558 and the value for properties located in the TIF district is $264,344,969. This represents an increase of 2.88% over the current year's valuation. However, the value of existing property on the tax roll decreased .25%. Attached is the information received from Tarrant Appraisal District and the Notice of Effective Tax Rate. The calculated effective tax rate is $.364371 and the calculated debt rate is $.057262. Financial Impact It has been determined that these are the amounts used to calculate the effective tax rate for the Fiscal Year 2010 budget and will be used in the Fiscal Year 2010 ad valorem tax revenue projections. Recommendation Approval City of Colleyville Page 1 Printed on 7/30/2009 ~~~nized for ~x~~nre ~ine~~o2~e ~~ ~2~ ~ ~ Independent SchooC district July 27, 2009 rax oe~~e I, Colette Franklin, Tax Assessor-Collector for the City of Colleyville, Texas, 3072 Mustang Drive submit to the City Council the 2009 Appraisal Roll as sworn to by Jeff Law, Grapevine,TX 76os1 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. 317/2s1-s633 ~IETR0817/481-1242 Total- Appraised and Assessed Value $3,532,785,238 FAX 817/421-9400 Less Agricultural Deferral and Exemptions - 110,766,242 Net Taxable $3,442,018,996 New Construction $ 113,473,202 (Included in net taxable) I certify an anticipated collection rate of 100% for the tax year 2009. This total percentage includes current taxes, delinquent taxes, rollback taxes, penalties and interest. W' ess my hand t 's 27th day of July 2009. I Colette Franklin, RTA, CSTA Tax Assessor-Collector Sworn and Sub ribed to me this 27th day of July 2009. ~ (,~,~ Not ry Public Signature County State ,~., ~' uut~a owErls MY COMMIS510N EXPIAES ~~`' °~ April 23, 2010 ''~~4t;,1~~ July 25 2009 Certified Roll-Colleyville TARRAMT APPRAISAL DISTRECT CITY OF CQLLEY1fiLLE JEFF LAW CHIEF APPRAISER I, JEFF LAW, CHIEF APPRAISER FOR TARRANT COUNTY, SOLEMNLY S4~AR THAT 7HE ATTACHED IS THAT PORTION [~F THE APPRAISAL RptL OF THE TARRANT APPRAISAL DISTRICT WHICH' LISTS' PROPERTY TAXABLE BY THE ABOVE NAMED ENTITY AND CONSTITUTES THEIR APPRAISAL ROLL. 2(}09 APPRAISAL ROLL INFORMATION .VALUATION SUMMARY ~IAIiKET VALUE ~»>?»»»?»}»>?»»»»~»>» ~3, 532, 785, 238 --QEFERRED SPECIAL USE VALUE LOSS: AGRICULTURAL $2$,f85,-783 - PARTiAI EXEMPTION VALUE LOSS; i7I:5ABLEEI VEfiERAN $1 , t}SQ , T'50 O1/ER-65 $76, fi23, 965 HOMESTEAQ ~a DISABLED PERStIN $4,.28$,333 PRORATED ABSQLUTE $6Q7,441 CERTIFIED NET TAXABLE VALUE >»»»>>~»»~>» $3,422,18,936 ESTI`MATEt3 TOTAL NET TAXABLE VALUE INCLUDING SUGGESTED VALUES TO BE USED FOR PENCIING AR8 ACCOUNTS AND INCOMPLETE ACCOUNTS »»>?»>}>»>?»»?»>~>? $3,723, 153,527 ~.,.. 25 JUL 2©09 FF A GRIEF P RAISER * MARKET AND NET TAXABLE VALUES FOR PENDING ARB ACCOUNTS OR INCOMPLETE ACCOUNTS ARE ON PAGES 2 AND 3. Page 1 of 3 2300 Harniley-Ederville Road Fort Wortfi, Texas 7b918 (817} 284-Q024 M~23i Bast TARRANT APPRA#SAl DtSTRlCT 25 JU1. 2Qd9 CITY Q'F CC?LtEYVILLE Jeff Law Chief Appraiser 2009 A.R.B Rotf ttnfoirimat© Section 26.01(c} of tl~e State Property Tax Code directs the chief appraiser to prepare a :fist of ali properties under protest with the Appraisal Review Board and pending disposition at the time of value roll certification. The values below are from the ARB rail and. are not included in the totals wed by the chief appraiser and represented on page 1 of this report. 356,?45,425 Total appraised'ualueofpropertiesunder protest 348 , 8Q5 , 221 Net taxable value of properties under protest 244, 163 , 65'5 Estimated minimum taxable value for the same properties Page 2 of 3 2500 Hana~ey-EdeevOte Road Fort Worth, texas 76718 (8'17) 2s4-0024 ~+c~era.FS~ TARRANT APPEE;;AISAL DISTRICT 25 JUL .2..009 CITY Qf COLLEYVILLE 2009 fncQmpEete Property infn~ation Jeff Law irhief Appraiser Section 26.01{d} of the State. property Tax Code directs the chief appraiser to prepare a List of all properties. that are not on tFre certified ap,praisat roll and not included on the ARB mail.. The values blow are ftom tho incomple#e property listing and are Irtcfeeded in the iv#als certified by the chief appraiser and represented on page '! of #~is report. The value of incc~mp#ete properties are subject to change grad are also subject: to appea# before-the AppreisaT I~eviEw Beard. 58 , 725 , 5.83 l'otat".appraised value of irtcomptete properties 56.,.970, 876 ..Estimated net taxable value of incomplete properties Page 3 a# 3 260Q trandtey-Edewine Rani Foot Wroth, Texas 76118 (89Ttasa-ooaa - MG2538.FSL 0'7:/252009 TARRANT APPRAISAL DISTRICT 7.}2:..27 CITY OF COLLEYVILLE 005 TOT200EP TOTA LS REPORT' ROLLt 25 Jl1L 2009 2 009 CERTIFIED REPORT ITEM APPRAISED VALUE ACCOUNTS TAXABLE VALUE 1 REAL ESTATE RESIDENTIAL {+) 3,446,306,..065 9,481 3'-, 356,111,69 2. REAL ESTATE COMMERCIAL (+} 494,034,722 1,024 376,598,569 3. REAL ESTATE INDUSTRIAL (+) 0 0 0 4. PERSONAL PROPERTY COMMERCIAL(+} 95,727,775 994 94,752,537 5. PERSONAL PROPERTY INDUSTRIAL(+} 76,920 3 76,920 6!. M"I'NERAL LEASE PROPERTIES (+) 0 0` 0 T. AGRICULTURE PROPERTIES (}) 33,305,:8.23 61 255,372 8 TOTAL APPRAISED VALUE (_} 4,069,451,305 11,563 3,82'7,795,093 J. CASES BEFORE ARB (-~ 356,745,425 847 348,805,221 10`. INCOMPLETE ACCOUNTS {-} 58,725,583 373 56,970,875 11. CERTTFi'ED APPRAISED VALUE (-) 3,653,980,297 1.0,343 3,422,01.8,396 EXEMPTION DETAIL EXEMPT AMOUNT ACCOUNTS APPRAISED VALUE 12`, ABSOLUTE EXEMPTIQNS 121,195,059 2$1 121,f95,059 13_ AG DEFERRALS 2$, 1$5, 753 47' 2~, 431 , 49:2 14. SCENIC DEFERRALS 0 0 0 15. ABATEMENTS _ 0' 0 0 i6. PUBLIC ACCESS~AIRPORT5 tt 0 0 17. INDIGENT HOUSING d 0 0 18. NOMINAL VALUE ACCOUNTS 0 0 U 19, DISABLED VETS 1,080,750 120 39,329,687 20. FREEPORT INVENTORY 0 0 0 2.1. GOODS IN TRANSIT 4 0 0 22, HOMESTEADS - STATE MANDATE 0 0 0 23. OVER 65 - STATE MANDATE 0 0 0 24. DISABLED - STATE MANDATE 0 0 0 25. HOMESTEADS - LOCAL OPTIO 0 0 0 26. OVER 65 -LOCAL OPTION 76,623,965 ,i9~ 37fi,700,674 27. DISABLED - LOCAL QPTION 4.,.:268,.333 67 21,341,173 28'. SQLAR~I~IND 0 0 0 29`. POLLUT I13N CONTROL 0 0 0 3D. COMM HSE DEV 0 0 0 31. PRORATED ABSOLUTE 607,441 5 1,656,730 32. HISTORIC SITES 0 0 0 33. EQREIGN TRADE ZONE 0 0 (~ 34` TOTAL EXEMPT AMOUNT- (-~: 231,961,301 35~ NET TAXABLE VALUE (:_) 3,422,418,996 i0, 343 3,653,980,297 NEW EXEMPTIQNS THIS YEAR EXEMPT AMOUNT ACCOUNTS APPRAISED VALUE '.:.( INCLUDED IN' ITEM 12 TO 33} 35., NEUt ABSOLUTE EXEMPTIONS 0 0 0 37'. NEW AG DEFERRALS 0 0 0 38~. NEW SCENIC'DEFERRALS 0 ~ 0 3'9`. NEW ABATEMENTS d 0 0 40. NEW PUBLIC ACCESS AIRPORTS 0 0 0 4i. NEW INDIGENT HOUSING 0 0 0 42. NEW NOMINAL VALUE ACCOUNTS 0 0 0 43. NEW DISABLED VETS. 45,Of10 8 3,217,900 44. NEW FREEPORT INVENTORY 0 0 0 45. NEW GOODS IN TRANSIT 0 0 0 PAGE 1 $~/~5/2Opg TARRANT APPRAi,SAL DISTRICT 7 f2.27 CITY OF COLLEYVILLE 005 . 70T20QEp TOTALS REPORT- RO`Ll: 25 JUL 2009 2Q0g CERTIFIED MfW EXEMPTIONS THIS YEAR EXEMPT AMOUNT .ACCOUNTS APPRAISED VALUE 46`. 1VfW 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 OPT-ION- 0 ~ ~ Q 5'0. NEW OVER 65 - LOCAL OPTION 2,740,833 43 18,527,246 51. NEW DISABLED - LOCAL OPTION 195,000 3 1,016,355 52. NEW St7LAR/WIND 0 0 0 53. NfW POLLUTION CONTROL 0 Q 0 54. NEW COidM NSE DEV 0 Q' 0 55-. NEW PRORATED ABSOLUTE 497, 061 4 56.7 , 843 56 .' NEW HISfiQR'IC SITES 0 Q 0 57 .: NEW FOREIGN TRADE ZONE 0 0 0 NfW CONSTRUCTION TAXABLE VALUE ACCOUNTS APPRAISED VALUE 58. ALL REAL ESTATE 112,940,765 479 113,262,261 59. NEW BUSINESS IN NEW iMRROVfMfNT 532,437 $ 532,437 GO. TOTAL<NEW CONSTRUCTION 113,473,202 487 113,794,698 $'1:. NEW CONSTR'UCTIQN IN RESIpENTIAL 98,209,297 45fl 98,530,793 62. N€W CONSTRUCTION IN COMMERCIAL 15,263,905 37 15,263,905 fi3. ANNEXATIONS 0 0 0 fi4`. DEANNEXATIONS - Q - ~ 0 0 -- TAX CEILINGS- -- -- - VALt1E TAXABLE .ACCOUNTS CEILING AMOUNT 65. OVER 65 277,-6$9,09$ 1,142 841,.442.69 6fi. DISABLED PERSOht 16,228,985 64 50,325.19 ~7. TOTAL CEILINGS 293,918,083 1',2afi 891,787.88 ~INGL UDED IN ABOVE) 8. NEW OVER 65 CEILINGS 38,.143,474 11$ 133,711.77 ~9. Nf W DISABLED PERSON CEILINGS - - -- 1968,4UQ - -- 5 6,974.94 --- - -- -CAPPED-ACCOUNTS-- ------- CAP VALUE - ACCOUNTS CAP LOSS 70 CAP TOTAL 176,450,4.74 596 20,538,815 , 71. NEW CAP THIS YEAR 62,936,039 19'5 5,234,511 ALL EXEMPTIONS BY GROUP EXEMPT AM01#NT APPRAISED VALUE 72 -ALL RESIDENTIAL ACCOUNT5 90,f94,370 3,446,306,065 . 73 ALL COMMER'CIAC ACCOUNTS 118,411,391 589,762,497 . 74. ALL INDUSTRIAL ACCOUNTS 0 76,920 ?5. 76. AlL ALL MINERAL LEASE ACCOUNT5 AGRICULTURE. ACCOUNTS 0 33,050,451 0 33,30.5,823 PAGE 2 N I W w N M M M O pp a (-. In r r r o M ryJ O O O O m ~ ~ a ~ ~ a a,u o W H W l~ N N N co ~ a W i i + m E., o r r r W '~. N N N N r1 z M M M M M N N N N N [. 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(M H F rl [~ M U' .-I ~ '-I [~ ' W N [[~~ ' `-' $ V1 H N (.1;'.'~ a Ol w -w HO'f] a -w W O a -w O .7 -w a01 ~7 a -ao ~ F p IH a U1NH aNH NH H'-1H l a ~ awa oaa ova era ~wa o w MME .'G' M H U M E+ M z w M z qI FC W U H U H z~ p U a FH a ~ ~ Ez U . .7 ° w h w alnw aulw ~l,w plnw ulnw a w' A ~W W O N H CJNE+ O N H UNN O N H UNF O N H UNF I N H WN[-+ O a SyW m °o ~sw•~a woa Hoa ' E.oa oa ~oa ' ~ a W a a E'+ N h ~N ~ a RC rlw W> O N Rl,' d'F z N Q, V'E~ ~ N RP ~H ~ N l.~ wF J N RC wd~H '3.'H O ~ E F p Q [-IH H N~ RCw HIOF a~ P:~ ~R CC o4~ -• CC ~F ~E ., ~ fW ~ a ~ ~ U r Q F C 9 H H o ij 2009 Property Tax Rates in City of Colleyville This notice concerns 2009 property tax rates for City of Colleyville. It presents information about three tax rates. Last years tax rate is the actual rate the taxing unit used to determine property taxes last yeaz. This years effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This years 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 $100 of property value. Last year's tax rate: Last year's operating taxes $9,776,295 Last year's debt taxes $2,279,989 Last year's total taxes $12,056,284 Last year's tax base $3,387,548,188 Last year's total tax rate 0.355900 /$100 This year's effective tax rate: Last year's adjusted taxes $11,189,184 (after subtracting taxes on lost property) This yews adjusted tax base $3,070,820,925 (after subtracting value of new property) = This year's effective tax rate 0.364371 /$100 (Maximum rate unless unit publishes notices and holds hearings.) This year's rollback tax rate: Last year's adjusted operating taxes (after $9,604,616 subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, state criminal justice mandate, and/or enhanced indigent health caze expenditures) =This year's adjusted tax base $3,070,820,925 = This year's effective operating rate 0.312770 /$100 x 1.08 =this year's maximum operating rate 0.337791 /$100 + This year's debt rate 0.057262 /$100 =This year's total rollback rate 0.395053 /$100 Statement ofIncrease/Decrease If City of Colleyville adopts a 2009 tax rate equal to the effective tax rate of $0.364371 per $100 of value, taxes would decrease compazed to 2008 taxes by $453,640. Schedule A -Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General Fund $8,037,398 Interest and Sinking Fund $987,681 Schedule B - 2009 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 Psid from Other Description to be Paid from Property Amounts Total of Debt Property Taxea Taxes to be Paid Payment 1999 G O Bonds $25,000 $588 $0 $25,588 1999 CCCPD Sales $335,000 $7,203 $0 $342,203 Tax Bonds 2001G0 $1,030,000 $148,720 $0 $1,178,720 Refunding Bonds 2002 Certificates of $105,000 $63,910 $0 $168,910 Obligation 2006 G O $155,000 $168,987 $0 $323,987 Refunding Bonds 2007 G O Bonds $50,000 $180,250 $0 $230,250 Fire Truck Lease $49,723 $0 $0 $49,723 Ambulance Lease $38,177 $0 $0 $38,177 Fire Thick Loan $118,838 $0 $0 $118,838 Paying Agent Fees $0 $0 $4,000 $4,000 Total Required for 2009 Debt Service $2,480,396 - Amount (if any) paid from funds listed in Schedule A $0 -Amount (if any) paid from other resources $657,000 - Excess collections last yeaz $0 =Total to be paid from taxes in 2009 $1,823,396 + Amount added in anticipation that the unit will $o collect only 100.00% of its taxes in 2009 = Total Debt Levy $1,823,396 This notice cotrtains 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 Title: Tax Assessor-Collector Date Prepazed: July 27, 2009 `~ ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 '~~~~~`~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/04/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: 4e Final Action: File Name: Approval of the annual review of the City's Investment Policy Attachments: City of Colleyville Investment Policy.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/04/2009 City Council Title Approval of the annual review of the City's Investment Policy Explanation Reading and Public Hearing A section in the Public Funds Investment Act requires that an entity's governing body review the investment strategy of the entity annually. The City's investment strategy is contained in the section entitled "Investment Strategy" and is presented for the City Council's review. As an additional note, there are no changes proposed to the existing policy because the most recent legislative session yielded no required updates. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 7/28/2009 CITY OF COLLEYVILLE INVESTMENT POLICY Policy It is the policy of the City of Colleyville (the City) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all State of Texas statutes and City ordinances. Scope This investment policy applies to all financial assets of the City. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: General Fund Utility Fund Debt Service Fund Capital Projects Fund Voluntary Park Fund Sesquicentennial Fund Special Donation Fund Park Land Dedication Fund Crime District Fund Drainage Utility Fund Tree Preservation Fund Library Donation Fund Community Center Building Fund Recycling Fund Police Asset Forfeiture Fund Voluntary Library Fund TIF Fund Kidsville Maintenance Fund and any new fund created by the City Council, unless specifically exempted by the City Council. Objectives The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the City in managing its portfolio. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Liquidity: The City will also maintain sufficient liquidity to provide adequate and timely working funds. Return on Investments: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. The City investment strategy is passive and the portfolio shall be designed with the objective of regularly exceeding the weighted average return on thirteen-week Treasury bills. This is considered a benchmark for riskless investment transactions, and therefore, is a minimum standard for the portfolio's rate of return. For bond funds that fall under the arbitrage provisions of the Tax Reform Act of 1986, the City will attempt to earn allowable bond yield with market conditions permitting. Delegation of Authority The City designates the Investment Officers to be the City Manager with overall responsibilities to see that investment objectives are accomplished and the Finance Director with the specific day-to-day performance of managing the funds of the City. Ethics and Conflict of Interest All investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Employees shall disclose to the City of Colleyville and Texas Ethics Commission a statement under the following conditions: A. If they have a personal business relationship with a business organization offering to engage in an investment transaction with the entity. Under the Public Funds Investment Act, a personal business relationship is defined as: 1. The investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization: 2. Funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or 3. The investment officer has acquired from the business organization during the previous year, investments with a book value of $2,500 or more for the personal account of the investment officer. B. If they are related within the second degree by affinity or consanguinity, as determined by Chapter 573 V.A.T.C.S. to an individual seeking to sell an investment to the City of Colleyville. Prudence Investments shall be made with judgement and care -under circumstances then prevailing -which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person", which means the officer may not be an expert but is obligated to act responsibly and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Investment officers shall notify the City Council in writing of any conflicts of interest, as defined by the Public Funds Investment Act, no later than the next regularly scheduled Council meeting. It is the policy of the City that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this policy. The Investment Officers of the City (City Manager and Finance Director and the Assistant to the Finance Director (acting in the Finance Director's absence)) shall be personally indemnified in the event of investment loss provided the Investment Policy is followed. Internal Controls The Finance Director shall establish a system of written internal controls which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent the loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions. Permissible Instruments The following is a list of permissible instruments as authorized by the 70th Texas Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT. ANN. ACT 842A-2) and amended by the 71st Legislature: 1. Obligations of the United States or its agencies or instrumentalities; 2. Direct obligations of the State of Texas or its agencies; 3. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies or instrumentalities; 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent; 5. Certificates of deposit issued by state and national banks and domiciled in the state that are: a. Guaranteed or insured by the Federal Deposit Insurance City, FSLIC or its successors; or b. Secured by obligations that are described by subdivisions (1) through (4) of this subsection, which are intended to include all direct federal agency or instrumentality issued mortgage backed securities, and which have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the investing entities; 6. Invest in a local government investment pool as authorized by the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413 (32c), as amended, and the Public Funds Investment Act (TEX. REV. CIV. STAT. ACT. 842a-2), as amended. The investment pool must comply with the requirements of the Public Funds Investment Act, as amended, as follows: a. The investment pool maintains a stable asset value as defined in the Public Funds Investment Act; b. The investment pool maintains a AAA rating by one of the nationally recognized rating agencies; c. The investment pool's maximum average dollar weighted maturity does not exceed 90 days; and d. The investment pool's continued compliance with the remaining provisions of the Public Funds Investment Act. e. The eligible investments of the pool are as follows: obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, fully collateralized repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, and SEC registered money market funds authorized by the Public Funds Investment Act and rated in the highest category by at least one nationally recognized rating agency, reverse repurchase agreements with a term of no longer than 90 days. f. Include in its investment policy and/or operating procedures the following information: a description of eligible investment securities and unacceptable investments, a written statement on investment policy and objectives, a description of interest calculations, distribution, and treatment of gains and losses, security safeguarding, valuation collateralization and auditing, and a fee schedule. 7. Direct repurchase agreements with primary security dealers or financial institutions doing business in the State of Texas having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the City, and deposited with a safekeeping agent for the duration of the contract and a signed master repurchase agreement has been executed with the counterparty. 8. SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. Investment in mutual funds shall be limited to a maximum of ten percent (10%) of the City's available funds. Unacceptable Investment Instruments The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the City: Collateralized mortgage obligations 2. Commercial paper 3. Banker's acceptances 4. Reverse repurchase agreements (Local Government Investment Pools which the City participates in may engage in reverse repurchase agreements if the term is 90 days or less) 5. No-load mutual funds other than SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. 6. Guaranteed investment contracts 7. Share certificates of qualifying credit unions Investment Strategy The investment strategy by type of fund is as follows: (1) Operating Funds The investment strategy for operating fund(s) is to assure that anticipated cash flows are matched with adequate investment liquidity. A secondary objective is to create a portfolio, which will experience minimum volatility during economic cycles. These funds shall not have an investment with a stated maturity greater than eighteen (18) months. (2) Debt Service Funds The investment strategy for debt service fund(s) is the assurance of investment liquidity to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date which exceeds the corresponding debt service payment date. (3) Reserve Funds The investment strategy for reserve fund(s) is the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. (4) Special Project or Special Purpose Funds The investment strategy for special projects or special purpose fund portfolio(s) will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The states final maturity dates of securities held shall not exceed the estimated project completion date. Funds in excess of defined construction payment schedules shall be limited to a maximum final maturity date of three years. Maturity limitations for single issue reserve funds shall not exceed the sooner of five (5) years, the call provisions of the bond ordinance, or the final maturity of the bond issue. A. Diversification The City will attempt to limit the risk of loss through diversification of its portfolio and to achieve the aforementioned investment strategies by diversification of instruments. Maximum Percent Diversification by Instrument of Portfolio U.S. Treasury Obligations (Bills, Notes and Bonds), 100% U.S. Government Agency Securities, and Instrumentalities of Government Sponsored Corporations 75% Certificates of Deposit (CD's) Commercial Bank's 75% Local Government Investment Pool 75% Tri-Party Repurchase Agreement 75% SEC registered, no-load mutual fund 10% Investment Procedures The City shall enter the following agreements (if applicable): safekeeping, PSA repurchase agreements, wire transfer agreements, banking services contracts, and collateral/depository agreements. These contracts shall include the explicit delegation of authority to persons responsible for the transactions involving these agreements. No person except those designated in the contract may engage in any investment transactions. On all funds invested in instruments as listed in "Permissible Investments" numbers one through five, oral bids shall be requested from at least two broker/dealers or national banks. The City will accept the bid that provides the highest rate of return within the maturity required and within the parameters of this policy. Records will be kept of the bids offered, bids accepted, and a brief explanation of the decision that was made regarding the investment. Qualified Institutions Annually, the City Council shall approve four financial institutions for investment purposes as recommended by the Finance Director. All firms shall answer the Broker/Dealer questionnaire (Appendix A) and submit their most recent audited financial statements to the City Council for evaluation of credit worthiness. All personnel in the firms who will be trading or quoting securities to the City Council must maintain a current NASD license and be registered to deal securities in the State of Texas. An investment certification form (Appendix B) on the firm's letterhead signed by a principal of the firm must be on file with the City. Safekeeping All marketable securities purchased by the City shall be held in third party safekeeping by an institution designated as primary agent. All securities will be delivered to the third party institution by seller. Personnel in the third party institution will verify the correct security was delivered by the seller ("delivery vs payment"). The third party institution shall issue a safekeeping receipt to the City listing the specific instrument, rate/yield, maturity, CUSIP, and other pertinent information. Collateral on deposit type securities which exceed the FDIC coverage shall be held in a third party safekeeping institution. In the event a third party safekeeping institution is used, a collateral agreement shall be executed between the City Council, depository which pledged the collateral, and the third party custodian of the collateral. The City will retain possession of all original safekeeping receipts and the receipts will state the security is pledged to the City. Either the City Manager or the Finance Director must approve release of collateral in writing prior to its removal from the safekeeping account. Collateral Securities for Certificates of Deposit and Demand Accounts The City will accept as collateral for its Certificates of Deposit and demand accounts the following securities: A. FDIC coverage B. U.S. Treasury bills, notes and bonds C. United States Agency and instrumentalities bills or notes D. GNMA mortgage backed fully modified pass through securities E. Texas state, city county or school bonds with a remaining maturity of seven years or less and a rating of "A" or better by Moody's, Fitch ICBA, and Standard and Poor's. F. Surety Bond Collateral shall be "marked to market" monthly by the Finance Director. The following percentages constitute the minimum market value for collateral instruments that are pledged for the City's Certificates of Deposit and demand deposits. Form of Collateral Pledged Collateral Ratio U.S. Treasury bills, notes, and bonds a. maturing within 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 110% 2. Actively traded U.S. Government Agency securities a. maturing in less than 1 year 103% b. maturing in 1-5 years 107% c. maturing in more than 5 years 115% 3. GNMA mortgage pass through securities 115% 4. Entities in the State of Texas bonds General Obligation Bonds a. maturing in less than 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 107% Revenue Bonds a. maturing in less than 1 year 105% b. maturing in 1-5 years 110% c. maturing in more than 5 years 115% Collateral shall be audited annually be the City's independent auditor and may be audited by the City at anytime during normal business hours of the safekeeping bank. Arbitrage The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax- exempt bond proceeds, debt service funds and reserve funds. The rebate provisions require that the City compute earnings on investments from certain issues of bonds on a periodic basis to determine if rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the City. The rebate provisions state that periodically (not less than once every five years and not later than sixty days after maturity of the bonds), the City is required to pay the United States Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The investment strategy for bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, is that the City will attempt to earn maximum allowable bond yield with market conditions permitting. Reporting Requirements The Finance Director shall issue a written report quarterly to the City Council concerning the City's investment transactions for the preceding quarter and describing in detail the investment position of the City as of the end of the quarter indicating the market values of all investments held during the quarter. The report shall list for each investment held during the quarter: the purchase price of the investment, the par value of the investment, the market value of the investment at the beginning of the quarter, market value of the investment at the end of the quarter, the market change from the beginning until the end of the quarter, and fully accrued interest for the period. This report shall be in compliance with provisions of the Public Funds Investment Act, as amended. The report shall be signed by the City Manager and Finance Director. Training Requirements Both the Finance Director and Assistant to the Finance Director shall complete ten hours of training every two years as required by the Public Funds Investment Act. This training may be obtained from the following sources: North Central Texas Council of Governments, Government Treasurer's Organization of Texas, Government Finance Officer's of Texas, or Texas Municipal League. The training must include education in investment controls, security risks, strategy risks, market risks, and any other topics as required by the Public Funds Investment Act. G:l ' [y City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~aM Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Resolution Agenda Date: 08/04/2009 Status: Consent Agenda Controlling Body: City Council Requester: Finance Department Agenda No.: 4f Final Action: File Name: Approval of Broker/Dealer firms for investment purchases Attachments: Recap of Broker Dealer Questionnaire Responses.pdf City of Colleyville Investment Policy. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/04/2009 City Council Title Approval of Broker/Dealer firms for investment purchases Explanation Reading and Public Hearing The City's Investment Policy provides that the City Council shall annually approve broker/dealer firms to receive quotes for investment purchases. A recap of the responses received to our broker/dealer questionnaire from the following firms is provided: • Cantor Fitzgerald L. P. • Coastal Securities, Inc. • Duncan-Williams, Inc. • J.P. Morgan Securities, Inc. Coastal Securities, Inc., Duncan Williams, Inc. and J.P. Morgan Securities, Inc. are firms the City has approved in the past and is currently using. Cantor Fitzgerald L.P. requested that their firm be added to the list of approved broker/dealer firms. Staff recommends the four firms for broker/dealer investment purchases. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 7/30/2009 RECAP OF BROKER/DEALER QUESTIONNAIRE RESPONSES CANTOR COASTAL DUNCAN J.P. MORGAN FITZGERALD SECURITIES WILLIAMS SECURITIES PRIMARY DEALER? YES NO NO YES HAVE FIRM'S PERSONNEL READ YES YES YES YES CITY'S INVESTMENT POLICY? ANY PUBLIC SECTOR LOSSES OVER 10% DUE TO MISUNDERSTANDING OR MISREPRESENTATION? DOES FIRM COMPLY WITH FEDERAL RESERVE CAPITAL ADEQUACY GUIDELINES? DOES FIRM PARTICIPATE IN SPIC INSURANCE PROGRAM? WHAT % OF FIRMS TRANSACTIONS FAILED LAST YEAR? FINANCIAL STATEMENTS SUBMITTED? CURRENT LICENSES SUBMITTED NO NO NO NO YES YES YES YES YES YES YES YES UNDER 1% UNDER 1% UNDER 1% UNDER 1% YES YES YES YES YES YES YES YES CITY OF COLLEYVILLE INVESTMENT POLICY Policy It is the policy of the City of Colleyville (the City) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all State of Texas statutes and City ordinances. Scope This investment policy applies to all financial assets of the City. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: General Fund Utility Fund Debt Service Fund Capital Projects Fund Voluntary Park Fund Sesquicentennial Fund Special Donation Fund Park Land Dedication Fund Crime District Fund Drainage Utility Fund Tree Preservation Fund Library Donation Fund Community Center Building Fund Recycling Fund Police Asset Forfeiture Fund Voluntary Library Fund TIF Fund Kidsville Maintenance Fund and any new fund created by the City Council, unless specifically exempted by the City Council. Objectives The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the City in managing its portfolio. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Liquidity: The City will also maintain sufficient liquidity to provide adequate and timely working funds. Return on Investments: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. The City investment strategy is passive and the portfolio shall be designed with the objective of regularly exceeding the weighted average return on thirteen-week Treasury bills. This is considered a benchmark for riskless-investment transactions, and therefore, is a minimum standard for the portfolio's rate of return. For bond funds that fall under the arbitrage provisions of the Tax Reform Act of 1986, the City will attempt to earn allowable bond yield with market conditions permitting. Delegation of Authority The City designates the Investment Officers to be the City Manager with overall responsibilities to see that investment objectives are accomplished and the Finance Director with the specific day-to-day performance of managing the funds of the City. Ethics and Conflict of Interest All investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Employees shall disclose to the City of Colleyville and Texas Ethics Commission a statement under the following conditions: A. If they have a personal business relationship with a business organization offering to engage in an investment transaction with the entity. Under the Public Funds Investment Act, a personal business relationship is defined as: The investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization: 2. Funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or 3. The investment officer has acquired from the business organization during the previous year, investments with a book value of $2,500 or more for the personal account of the investment officer. B. If they are related within the second degree by affinity or consanguinity, as determined by Chapter 573 V.A.T.C.S. to an individual seeking to sell an investment to the City of Colleyville. Prudence Investments shall be made with judgement and care -under circumstances then prevailing -which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person", which means the officer may not be an expert but is obligated to act responsibly and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Investment officers shall notify the City Council in writing of any conflicts of interest, as defined by the Public Funds Investment Act, no later than the next regularly scheduled Council meeting. It is the policy of the City that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this policy. The Investment Officers of the City (City Manager and Finance Director and the Assistant to the Finance Director (acting in the Finance Director's absence)) shall be personally indemnified in the event of investment loss provided the Investment Policy is followed. Internal Controls The Finance Director shall establish a system of written internal controls which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent the loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions. Permissible Instruments The following is a list of permissible instruments as authorized by the 70th Texas Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT. ANN. ACT 842A-2) and amended by the 71st Legislature: 1. Obligations of the United States or its agencies or instrumentalities; 2. Direct obligations of the State of Texas or its agencies; 3. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies or instrumentalities; 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent; 5. Certificates of deposit issued by state and national banks and domiciled in the state that are: a. Guaranteed or insured by the Federal Deposit Insurance City, FSLIC or its successors; or b. Secured by obligations that are described by subdivisions (1) through (4) of this subsection, which are intended to include all direct federal agency or instrumentality issued mortgage backed securities, and which have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the investing entities; 6. Invest in a local government investment pool as authorized by the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413 (32c), as amended, and the Public Funds Investment Act (TEX. REV. CIV. STAT. ACT. 842a-2), as amended. The investment pool must comply with the requirements of the Public Funds Investment Act, as amended, as follows: a. The investment pool maintains a stable asset value as defined in the Public Funds Investment Act; b. The investment pool maintains a AAA rating by one of the nationally recognized rating agencies; c. The investment pool's maximum average dollar weighted maturity does not exceed 90 days; and d. The investment pool's continued compliance with the remaining provisions of the Public Funds Investment Act. e. The eligible investments of the pool are as follows: obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, fully collateralized repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, and SEC registered money market funds authorized by the Public Funds Investment Act and rated in the highest category by at least one nationally recognized rating agency, reverse repurchase agreements with a term of no longer than 90 days. f. Include in its investment policy and/or operating procedures the following information: a description of eligible investment securities and unacceptable investments, a written statement on investment policy and objectives, a description of interest calculations, distribution, and treatment of gains and losses, security safeguarding, valuation collateralization and auditing, and a fee schedule. 7. Direct repurchase agreements with primary security dealers or financial institutions doing business in the State of Texas having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the City, and deposited with a safekeeping agent for the duration of the contract and a signed master repurchase agreement has been executed with the counterparty. 8. SEC-registered no-load money market mutual funds with a dollarweighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. Investment in mutual funds shall be limited to a maximum of ten percent (10%) of the City's available funds. Unacceptable Investment Instruments The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the City: Collateralized mortgage obligations 2. Commercial paper 3. Banker's acceptances 4. Reverse repurchase agreements (Local Government Investment Pools which the City participates in may engage in reverse repurchase agreements if the term is 90 days or less) 5. No-load mutual funds other than SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. 6. Guaranteed investment contracts 7. Share certificates of qualifying credit unions Investment Strategy The investment strategy by type of fund is as follows: (1) Operating Funds The investment strategy for operating fund(s) is to assure that anticipated cash flows are matched with adequate investment liquidity. A secondary objective is to create a portfolio, which will experience minimum volatility during economic cycles. These funds shall not have an investment with a stated maturity greater than eighteen (18) months. (2) Debt Service Funds The investment strategy for debt service fund(s) is the assurance of investment liquidity to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date which exceeds the corresponding debt service payment date. (3) Reserve Funds The investment strategy for reserve fund(s) is the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. (4) Special Project or Special Purpose Funds The investment strategy for special projects or special purpose fund portfolio(s) will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The states final maturity dates of securities held shall not exceed the estimated project completion date. Funds in excess of defined construction payment schedules shall be limited to a maximum final maturity date of three years. Maturity limitations for single issue reserve funds shall not exceed the sooner of five (5) years, the call provisions of the bond ordinance, or the final maturity of the bond issue. A. Diversification The City will attempt to limit the risk of loss through diversification of its portfolio and to achieve the aforementioned investment strategies by diversification of instruments. Maximum Percent Diversification by Instrument of Portfolio U.S. Treasury Obligations (Bills, Notes and Bonds), 100% U.S. Government Agency Securities, and Instrumentalities of Government Sponsored Corporations 75% Certificates of Deposit (CD's) Commercial Bank's 75% Local Government Investment Pool 75% Tri-Party Repurchase Agreement 75% SEC registered, no-load mutual fund 10% Investment Procedures The City shall enter the following agreements (if applicable): safekeeping, PSA repurchase agreements, wire transfer agreements, banking services contracts, and collateral/depository agreements. These contracts shall include the explicit delegation of authority to persons responsible for the transactions involving these agreements. No person except those designated in the contract may engage in any investment transactions. On all funds invested in instruments as listed in "Permissible Investments" numbers one through five, oral bids shall be requested from at least two broker/dealers or national banks. The City will accept the bid that provides the highest rate of return within the maturity required and within the parameters of this policy. Records will be kept of the bids offered, bids accepted, and a brief explanation of the decision that was made regarding the investment. Qualified Institutions Annually, the City Council shall approve four financial institutions for investment purposes as recommended by the Finance Director. All firms shall answer the Broker/Dealer questionnaire (Appendix A) and submit their most recent audited financial statements to the City Council for evaluation of credit worthiness. All personnel in the firms who will be trading or quoting securities to the City Council must maintain a current NASD license and be registered to deal securities in the State of Texas. An investment certification form (Appendix B) on the firm's letterhead signed by a principal of the firm must be on file with the City. Safekeeping All marketable securities purchased by the City shall be held in third party safekeeping by an institution designated as primary agent. All securities will be delivered to the third party institution by seller. Personnel in the third party institution will verify the correct security was delivered by the seller ("delivery vs payment"). The third party institution shall issue a safekeeping receipt to the City listing the specific instrument, rate/yield, maturity, CUSIP, and other pertinent information. Collateral on deposit type securities which exceed the FDIC coverage shall be held in a third party safekeeping institution. In the event a third party safekeeping institution is used, a collateral agreement shall be executed between the City Council, depository which pledged the collateral, and the third party custodian of the collateral. The City will retain possession of all original safekeeping receipts and the receipts will state the security is pledged to the City. Either the City Manager or the Finance Director must approve release of collateral in writing prior to its removal from the safekeeping account. Collateral Securities for Certificates of Deposit and Demand Accounts The City will accept as collateral for its Certificates of Deposit and demand accounts the following securities: A. FDIC coverage B. U.S. Treasury bills, notes and bonds C. United States Agency and instrumentalities bills or notes D. GNMA mortgage backed fully modified pass through securities E. Texas state, city county or school bonds with a remaining maturity of seven years or less and a rating of "A" or better by Moody's, Fitch ICBA, and Standard and Poor's. F. Surety Bond Collateral shall be "marked to market" monthly by the Finance Director. The following percentages constitute the minimum market value for collateral instruments that are pledged for the City's Certificates of Deposit and demand deposits. Form of Collateral Pledged Collateral Ratio U.S. Treasury bills, notes, and bonds a. maturing within 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 110% 2. Actively traded U.S. Government Agency securities a. maturing in less than 1 year 103% b. maturing in 1-5 years 107% c. maturing in more than 5 years 115% 3. GNMA mortgage pass through securities 115% 4. Entities in the State of Texas bonds General Obligation Bonds a. maturing in less than 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 107% Revenue Bonds a. maturing in less than 1 year 105% b. maturing in 1-5 years 110% c. maturing in more than 5 years 115% Collateral shall be audited annually be the City's independent auditor and may be audited by the City at anytime during normal business hours of the safekeeping bank. Arbitrage The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax- exempt bond proceeds, debt service funds and reserve funds. The rebate provisions require that the City compute earnings on investments from certain issues of bonds on a periodic basis to determine if rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the City. The rebate provisions state that periodically (not less than once every five years and not later than sixty days after maturity of the bonds), the City is required to pay the United States Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The investment strategy for bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, is that the City will attempt to earn maximum allowable bond yield with market conditions permitting. Reporting Requirements The Finance Director shall issue a written report quarterly to the City Council concerning the City's investment transactions for the preceding quarter and describing in detail the investment position of the City as of the end of the quarter indicating the market values of all investments held during the quarter. The report shall list for each investment held during the quarter: the purchase price of the investment, the par value of the investment, the market value of the investment at the beginning of the quarter, market value of the investment at the end of the quarter, the market change from the beginning until the end of the quarter, and fully accrued interest for the period. This report shall be in compliance with provisions of the Public Funds Investment Act, as amended. The report shall be signed by the City Manager and Finance Director. Training Requirements Both the Finance Director and Assistant to the Finance Director shall complete ten hours of training every two years as required by the Public Funds Investment Act. This training may be obtained from the following sources: North Central Texas Council of Governments, Government Treasurer's Organization of Texas, Government Finance Officer's of Texas, or Texas Municipal League. The training must include education in investment controls, security risks, strategy risks, market risks, and any other topics as required by the Public Funds Investment Act. ' ~x City of Colleyville 100 Mltain Street Colleyville, Texas 76034 T.~a. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Parks and Recreation Agenda No.: 4g Department Controlling Body: City Council Agenda Date: 08/04/2009 Final Action: File Name: Approval of a donation of granite memorial markers from Michael E. Patterson Attachments: City of Colleyville Donation and Loan Agreement Photographs of Granite Memorial Markers History of Legislative File Version: Date: Acting Body: Action Text: 1 08/04/2009 City Council Title Approval of a donation of granite memorial markers from Michael E. Patterson Explanation Reading and Public Hearing Michael Patterson proposes to donate granite memorial markers of Colleyville World War II Memorials for display at the Colleyville Senior Center. These markers were originally located in the median on Main Street in the Village. When the median was removed, the markers were removed as well. On July 26, 2009, the Senior Center Advisory Committee unanimously agreed to recommend to City Council the approval of three (3) granite memorial markers to be placed at the Colleyville Senior Center. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 1 Printed on 7/31/2009 CITY OF COLLEYVILLE OONAT{ON AND ~J~ IAd~fe~ ~ ~ c, h ~- e,~ ~= ~ i~c~=~p-t'.~~n hereby ~C~ t1c~ to the City of Calleyville r 't~-1:he materials described below: ~ h rr~ ~ v Funds ~ Stipulations (if any) ~ ~. .~r~ tl rn~U 41 ~'`~y1.~C{2' '~) ~e s (~~ F'-'t.~J ri x r ny ~ ~ ~ ~J SpecificationslPlans/Photas/Annual cost to city: Attached ~ ~ d:-~~-uc~n.e.~ None I have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. ~ ~ b~e~" -6~, ~ ~'iCCov~~a-ryl ~~ S~t'i i° ~(~;~i a~.S Signature of Donor(s) ~1~?9 ~ c~~1/' ~ ~~ ~ Date ~la~~~ 1 ,~~ ~.~/UL j~ .ZD~ ~ Date Address of Donor ~Q ...,.--- ~~0 .,I ~ City ,_ l~~G' ~~ _ State l K ZIP .~ 7 ~~ Phone Numbers: Home ~(,.,~~- ~~ ~ ~- a6 ~~ Ofi•ice ~f 7- G~~``~ ~y~ RECEIVED by Council Appravat Date Resolution/Ordinance Number ACCEPTED for and in behalf of the Cfty of Cofieyvilfe By Date _ _ - - -_ _ Mayor, City of Cafleyvilfe Accession Number Unlike more traditional donations of cash, securities, real property, antiques, or other valuables, the three stones making up this memorial have no value for any purpose other than that for which thev were made. Therefore there can be no time in the future when they could be sold, scrapped, revamped, traded, recycled, or used for monetary gain by the Ciry in any way. The City has no future monetary interest to be safeguarded by obtaining these stones through an outright grant. Granite is one of the most plentiful substances on Earth, and has limited value unless it has been quarried, cut, polished, and engraved. The high costs of processing it make it much easier and more cost effective to use new stone in any project, thus it has virtually no recycling value at all. Stipulations regarding the loan of the three granite tablets making up the Colleyville World War II Memorial: 1. The three stones will be installed by Mike Patterson, Tmmy Reynolds, or their assigns at the site agreed upon by the City, Patterson, and Reynolds. Patterson and Reynolds will bear the ernire cost of the installation. 2. All three stones will be removed and retained by Mike Patterson or his assigns should they need to be taken off display or moved from the Collevville Senior Citizens' Center on Glade Road. 3. If it becomes necessary or desirable to move the stones from the Colleyvilie Senior Citizens' Cemer, and if the City desires them to remain on City property, they may be placed at some site agreeable to both the City and Make Patterson, or his assigns. 4.Only Mike Patterson or his assigns may install, move, or add soldiers' names to the Memorial. Only veterans who were living in present-day Colleyville at the time of their enlistment and/or service in World War II may have their names engraved on the memorial. K ~ fit. ~ $.`~« ~ ]~ ~±~~ ' 1+"!r` } y' • ~, 1 't ;~ i +• , 4 . i,~ y ~ ~~, * ~~. '.~ [ter *y. ~j ri ~`-y* : Y~' #; +"'N it • ~' ~ ~ f y'~. ~ra,'~ F ~.s~ .._. x k I Q, ,{~ ; .M .a ; ~ 6 r ~. . _ .. 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Y~~ ~•'..~1^`~"`'ter ~" r rc r }fir:^.+• ~.f(.~a .; ~~ ~_f ;~ ~., rwAn R~!.~.. j. t , ~ 7 L i .f., ~ ~y~!' y~ ~ ~. ~„r: !4^1 ~°S fit, ~~h fi:, ~ :, x ~~ ti!{ ' ~ ! ~-~3y ~ '~~r l:~ ' <•l City of Colleyville 100 Mltain Street Colleyville, Texas 76034 Txa` Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1723 File Number: 0-09-1723 Version: 1 Requester: Engineering Department File Type: Ordinance Agenda Date: 08/04/2009 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code Attachments: Ordinance 0-09-1723.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/21/2009 City Council 08/04/2009 City Council Title Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code Explanation Second Reading and Public Hearing There were no speakers regarding this item at the July 21, 2009 City Council meeting. First Reading and Public Hearing On December 5, 2000, the City Council adopted Ordinance 0-00-1256 related to the regulation and control of construction within the Federal Emergency Management Agency (FEMA) designated flood hazard areas of the community. The current ordinance ensures the City's compliance with the National Flood Insurance Program (NFIP) regulations. Our municipality must meet or exceed NFIP requirements in order to maintain eligibility in the program and provide the ability for affected properties to acquire necessary flood insurance. FEMA recently advised the City that updated Flood Insurance Rate Map (FIRM) revisions must be approved by ordinance and these revisions will become effective on September 25, 2009. The new maps reflect any changes that FEMA made to various flood zone designations in the community since 2000. It is necessary for the map revisions to be approved by City Council in order for Colleyville residents to obtain federally subsidized flood insurance in the future. Other areas within the community may be subject to localized flooding but are not reflected in the new map revisions as designated by FEMA. Copies of the new maps are available for review in the Engineering Department. City of Colleyville Page 1 Printed on 7/30/2009 Agenda Briefing Continued (0-09-1723) Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 7/30/2009 ORDINANCE 0-09-1723 AN ORDINANCE REPLACING ORDINANCE 0-00-1256 AMENDING CHAPTER 50, ARTICLE II, FLOOD HAZARD REGULATIONS, OF THE COLLEYVILLE CODE, AND PROVIDING A PENALTY OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION WHEREAS, the City Council deems it is in the best interest of the City to modify its flood area hazard regulation as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the effective date of this ordinance shall be September 25, 2009. FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Colleyville, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of the City of Colleyville are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; Ordinance 0-09-1723 Page 2 of 20 (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance it's most reasonable application. ALLUVIAL FAN FLOODING -means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Ordinance 0-09-1723 Page 3 of 20 APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD -means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. BASE FLOOD -means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) -The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1 % chance of equaling or exceeding that level in any given year -also called the Base Flood. BASEMENT -means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Ordinance 0-09-1723 Page 4 of 20 CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT -means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING -means, for insurance purposes, anon-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION -means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK ORSUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - meansthe preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD ORFLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY -means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow)and/orflood-related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) -means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Ordinance 0-09-1723 Page 5 of 20 FLOOD INSURANCE STUDY (FIS) -see Flood Elevation Study FLOODPLAIN OR FLOOD-PRONE AREA -means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT -means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS -means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM -means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING -means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long- term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE -means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Ordinance 0-09-1723 Page 6 of 20 HISTORIC STRUCTURE -means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR -means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -means, for purposes of the National Flood Insurance Program, the Ordinance 0-09-1723 Page 7 of 20 North American Vertical Datum (NAND) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION -means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK ORSUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY -means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RIVERINE -means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA -see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; Ordinance 0-09-1723 Page 8 of 20 nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE -means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION -means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION -means the height, in relation to the North American Vertical Datum (NAND) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Ordinance 0-09-1723 Page 9 of 20 ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of the City of Colleyville, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Tarrant County, Texas and Incorporated Areas", dated September 25, 2009, with accompanying Flood Insurance Rate Maps dated September 25, 2009, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application ofthis ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare Ordinance 0-09-1723 Page 10 of 20 occasions greater floods can and will occur and flood heights may be increased by man- made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The City Engineer or designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance -National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES ~ RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. Ordinance 0-09-1723 Page 11 of 20 (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; Ordinance 0-09-1723 Page 12 of 20 (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B (2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B) (1); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. Ordinance 0-09-1723 Page 13 of 20 SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Ordinance 0-09-1723 Page 14 of 20 (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, Ordinance 0-09-1723 Page 15 of 20 heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction -new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to 2 feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction -new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to 2 feet above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) Enclosures -new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Ordinance 0-09-1723 Page 16 of 20 Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to 2 feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at 2 feet above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 Ordinance 0-09-1723 Page 17 of 20 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles -Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: Ordinance 0-09-1723 Page 18 of 20 (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to 2 feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to 2 feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODWAYS Floodways -located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Ordinance 0-09-1723 Page 19 of 20 (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. SECTION F. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION G. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,000.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City of Colleyville from taking such other lawful action as is necessary to prevent or remedy any violation. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. Ordinance 0-09-1723 Page 20 of 20 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney (:~ ~ 4/ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 T.xaA Agenda Briefing 817.503.1000 www.col leyville.com File Number: 0-09-1724 File Number: 0-09-1724 File Type: Ordinance Status: Second Reading Version: 1 Requester: Office of the City Manager Agenda Date: 08/04/2009 Agenda No.: 5b Controlling Body: City Council Final Action: File Name: Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction Attachments: Rate Review Mechanism Fact Sheet.pdf Ordinance 0-09-1724.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/21/2009 City Council 08/04/2009 City Council Title Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction Explanation Second Reading and Public Hearing There were no speakers regarding this item at the July 21, 2009, City Council meeting. First Reading and Public Hearing The City of Colleyville, and 150 other cities served by Atmos Energy Mid-Tex Division (Atmos), is a member of the Atmos Cities Steering Committee (ACSC). On March 6, 2009, Atmos filed an application with the City to increase natural gas rates pursuant to the Rate Review Mechanism (RRM) tariff approved by the City as part of the settlement of the Atmos 2007 Statement of Intent to increase rates. The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 rate increase case. Atmos Mid-Tex's current action represents the second filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by ACSC and Atmos as an alternative to the GRIP surcharge process. The RRM process allows for a more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three-year trial period specified by the tariff. City of Colleyville Page 1 Printed on 7/30/2009 Agenda Briefing Continued (0-09-1724) There are two components to the RRM adjustment. The prospective component adjusts rates for known and measurable changes in operation and maintenance (O&M) and net plant investment. Atmos and ACSC agreed to cap changes to expenses and invested capital at no more than 5%. The true-up component evaluates whether the Company has over or under recovered its earnings for the previous year. For purposes of the RRM true-up component, the Atmos rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first-class air fare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. Current rates contain atrue-up component ($9 million to be collected over 12 months) from the first RRM in 2008. Collection of the 2008 true-up amount is scheduled to end on November 1, 2009. The rate impact of that 2008 true-up amount for the period August 1 - October 31, 2009 is $1,006,073. To simplify the process and to reduce rate fluctuations, the parties have agreed to eliminate collection of the 2008 true-up on August 1, 2009 rather than November 1, 2009. The remaining $1,006,073 that is still owed from the 2008 true-up will be recovered as part of the 2009 true-up over 12 months rather than three months. This change related to the 2008 true-up amount is revenue and rate impact neutral. The March RRM filing sought a $20.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos to support its request to increase rates. The Ordinance and attached RRM tariff are the result of negotiation between ACSC and Atmos to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance and RRM tariffs approve rates that will increase the Company's revenues by $2.6 million effective for bills rendered on or after August 1, 2009. The monthly bill impact for the average residential customer will be a $0.15 increase (approximately a 0.22% increase in the total bill). The ACSC Executive Committee recommends that all ACSC Cities adopt the Ordinance implementing the rate change. The Ordinance approves rate tariffs (Attachment "A") and Proof of Revenues (Attachment "B") that reflect the negotiated rate change pursuant to the RRM process. In addition to the RRM tariffs, the Ordinance also approves a revision to the current Atmos Gas Cost Recovery ("GCR") tariff to allow the Company to recover certain hedging costs associated with natural gas futures through the GCR tariff. As a result of the negotiations, ACSC was able to reduce the Company's requested $20.2 million RRM increase by more than 70%. Approval of the Ordinance will result in rates that implement a $2.6 million increase in Atmos' revenues effective August 1, 2009. this increase equates to a $0.15 increase for the average residential customer. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 2 Printed on 7/27/2009 Rate Review Mechanism Fact Sheet *The Rate Review Mechanism (RRM) was created in 2008 as part of a collaborative agreement between ACSC and Atmos. It replaces the unworkable and contentious Gas Reliability Infrastructure Program (GRIP) surcharge process. *The RRM authorizes cities to meaningfully review and dispute the company's annual rate filings in an expedited rate proceeding at the city level. This authority was lacking under the GRIP process. *The RRM is a substitute for GRIP filings during the three-year trial period (2008 - 2010). *The RRM permits the Company to seek an annual review of its revenues, estimated cost of operations, and capital investments. In most cases, the company cannot seek rate adjustments greater than 5 percent. The Company must provide evidence as part of the annual review process that cities can assess and, if necessary, challenge. *The RRM process allows Atmos to seek a surcharge from ratepayers if its anticipated expenses exceed its anticipated revenues fora 12 month period. However, if the Company's revenues exceed its authorized rate of return, it must issue refunds. Costs Expressly Prohibited from Recovery Under the RRM: First class airfare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. The RRM is applicable only to the Company's base rates -the cost of delivering natural gas to customers. The commodity price of natural gas is apass-through cost to customers that can change monthly based upon the price of natural gas. RRM Bill Impacts: Pursuant to the negotiated agreement between Atmos and the Steering Committee, the tariffs implementing the RRM will increase rates by $2.6 million. The average monthly customer impact by class will be: Residential (4.7 Mcf/month) - $0.15/month increase (0.22% overall increase) Commercial (36.1 Mcf/month) - $0.26/month increase (0.06% overall increase) Industrial (3480 MMBtu/month) - $46.80/month decrease (1.96% overall decrease) ORDINANCE 0-09-1724 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL WHEREAS, the City of Colleyville, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"), a coalition of more than 150 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and Ordinance 0-09-1724 Page 2 of 4 WHEREAS, on or about March 6, 2009, Atmos Mid-Tex filed with the City its second application pursuant to the RRM tariff to increase natural gas rates by approximately $20.2 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex Division; and WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a Settlement Committee made up of ACSC representatives and assisted by ACSC attorneys and consultants to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid- Tex is able to justify a slight rate increase over current rates; and WHEREAS, the Steering Committee has advocated in other proceedings that Atmos Mid-Tex hedge natural gas futures in order to mitigate the volatility of natural gas prices, which are a flow through to customers; and WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommend that ACSC members approve the attached rate tariffs (Attachment "A"), which will increase the Company's revenue requirement by $2.6 million; and WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues (Attachment "B") are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-09-1724 Page 3 of 4 Sec. 1. THAT the findings set forth in this Ordinance are hereby in all things approved. Sec. 2. THAT the City Council finds that the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' Proof of Revenues, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Sec. 3. THAT Atmos Mid-Tex shall reimburse the reasonable rate making expenses of the ACSC Cities in processing the Company's rate application. Sec. 4. THAT to the extent any resolution or ordinance previously adopted by the City Council is inconsistent with this Ordinance, it is hereby repealed. Sec. 5. THAT the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Sec. 6. THAT if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Sec. 7. THAT if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. Sec. 8. THAT the Company's Gas Cost Recovery tariff is revised to permit recovery of certain costs associated with hedging natural gas futures. Sec. 9. THAT this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for bills rendered on or after August 1, 2009. Sec. 10. THAT a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. Ordinance 0-09-1724 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ATMOS ENERGY CORPORATION MID TEX DNISION Attachment A REVISION NO: 0 RATE SCHEDULE: R -RESIDENTIAL SALES APPLICABLE TO: All Cities designated as "Group A" on the Clttes Served List EFFECTNE DATE: Bills Rendered on or after 08!0112009 PAGE: 29 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 7.00 per month Commodity Charge -All Mcf $2.2707 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DNISION REVISION NO: 0 RATE SCHEDULE: C -COMMERCIAL SALES APPLICABLE T0: All Cities designated as "Group A" on the Cities Served List EFFECTNE DATE: Bills Rendered on or after 08/01/2009 PAGE: 30 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge ,Amount Customer Charge per Bill $ 13.50 per month Commodity Charge -All Mcf $ 0.9877 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DNISION REVISION NO: 0 RATE SCHEDULE: I -INDUSTRIAL SALES APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTNE DATE: Bills Rendered on or after 08/01/2009 PAGE: 31 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2583 per MMBtu Next 3,500 MMBtu $ 0.1884 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0404 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in P/atts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DNISION REVISION NO: 0 RATE SCHEDULE: I - INDUSTRIAL SALES APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 0810112008 PAGE: 32 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DNISION REVISION N0: 0 RATE SCHEDULE: T -TRANSPORTATION APPLICABLE TO: All Cities designated as "Group A" on the Cities Served Llst EFFECTIVE DATE: Bills Rendered on or after 08/01/2009 PAGE: 33 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount. Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2583 per MMBtu Next 3,500 MMBtu $ 0.1884 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0404 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DNISION REVISION N0: 0 RATE SCHEDULE:. T -TRANSPORTATION APPLICABLE TO: All Cttisa dealgnated as "Group A" on the Citiea Served List EFFECTIVE DATE: Bills Rendered on or after 08!01/2009 PAGE: 34 Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customers monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in P/atts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION N0: 0 RIDER: WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE T0: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/01/2009 PAGE: 45 Provisions for Adiustment The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Comoutation of Weather Normalization Adiustment The Weather Normalization Adjustment Factor shalt be computed to the nearest one-hundredth cent per Mcf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf Ri = base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi = heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DNISION REVISION NO: 0 RIDER: WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE T0: All Cities designated as "Group A" on the Cities Served List EFFECTNE DATE: Bills Rendered on or after 08/01/2009 PAGE: 46 WNAi = WNAFi x qg Where qy is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising Orioinal Jurisdiction As part of its annual RRM filing the Company will file (a) a copy of each computation of the Weather Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Base Use/Heat Use Factors Residential Commercial WRaathe~r Ctatinn Ba ~e use Heat,use Base use Heat use Abilene 0.98 .0140 ~•~~~ 9.64 nicunuu .0629 Austin 1.30 .0161 20.00 .0815 Dallas 1.60 .0212 20.12 .1018 Waco 1.12 .0139 11.69 .0608 Wichita Falls 1.12 .0159 11.67 .0649 Sample WNAFi Calculation• (.0140 x (30-17) ) .3393 per Mcf = 2.2707 x Where (0.98 + (.0140 x 17) ) i = Residential Single Block Rate Schedule Ri = 2.2707 per MCF HSFi = .0140 (Residential -Abilene Area) Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DIVISION REVISION NO: 0 RIDER: WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/01/2009 PAGE: 47 NDD ADD Bli = = 30 HDD (Simple ten-year average of Actual HDD for Abilene Area - 9/15/06 - 10/14/06) = 17 HDD (Actual HDD for Abilene Area - 9/15/06 -10/14/06) 0.98 Mcf (Residential -Abilene Area) Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date lasued: Attachment A ATMOS ENERGY CORPORATION MID TEX DNISION REVISION NO: 0 RIDER: GCR -GAS COST RECOVERY APPLICABLE T0: All Cities Except Dallas EFFECTNE DATE: Bills Rendered on or after 8/1/2009 PAGE: 68 Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section (b) below. The amount due for gas cost (Section (a)) is determined by multiplying the Gas Cost Recovery Factor (GCRF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate I, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. (a) Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF), as determined with the following formula: GCRF =Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF) + Taxes (TXS) EGCF =Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. Lost and unaccounted for gas is limited to 5%. RF •= Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of interest over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. The interest rate to be used is the annual interest rate on overcharges and under charges by a utility as published by the Public Utility Commission each December. The interest rate for calendar year 2009 is 2.09%. Actual Gas Cost Incurred =The sum of the costs booked in Atmos Energy Corp., Mid-Tex Division account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out-of-period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Also includes any Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DNISION REVISION N0: 0 RIDER: GCR -GAS COST RECOVERY APPLICABLE TO: All Cities Except Dallas EFFECTNE DATE: Bills Rendered on or after 8Hl2009 PAGE: 69 prudently incurred transaction-related fees, gains or losses and other transaction costs associated with the use of various financial instruments that are executed by the Company for the purpose of price volatility mitigation. Actual Gas Cost Billed = EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollectible and written off which remain unpaid for each month of the reconciliation period. Any amount remaining in the reconciliation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and included in the collection of the next RF. Atmos Energy shall file annual reports with the Commission, providing by month the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, Gas Cost Collected and Margin Collected. TXS =Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ =Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales is to be included as a separate Tine item surcharge. (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF = PP / S, where: PP = (P - A) x D, where: P =Estimated monthly cost of pipeline service calculated pursuant to Rate CGS D =Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as follows: Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DNISION REVISION NO: 0 RIDER: GCR -GAS COST RECOVERY APPLICABLE T0: Ail Cities Except Dallas EFFECTNE DATE: Bills Rendered on or after 8H/2008 PAGE: 70 Pl aline Cost Rate Class Allocation Factor D Rate R -Residential Service .634698 Rate C -Commercial Service .302824 Rate I -Industrial Service and Rate T -Trans ortation Service .062478 A =Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formula: A = R - (C - A2), where: R =Actual revenue received from the application of the PP component in the second preceding month. C =Actual pipeline costs for the second preceding month. A2 =The adjustment (A) applied to the PP component in the second preceding month. S =Estimated Mcf or MMBtu for the rate class for the current billing month. The PCF is calculated to the nearest 0.0001 cent. The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DNISION REVISION N0: 0 RIDER: CEE -CONSERVATION 8 ENERGY EFFICIENCY APPLICABLE T0: All Cities except Dallas EFFECTIVE DATE: Bills Rendered on or after 8/1/2008 PAGE: 84 Purpose Atmos Energy Mid-Tex is proposing to institute a complete Conservation 8 Energy Efficiency program which will offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the allowable expenses incurred annually, with a customer rate component providing the remainder of the funding. Following is ahigh-level, concept summary of the proposal. Atmos Energy Mid-Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos Mid-Tex. Qualified Customers will receive up to one thousand five hundred dollars ($1,500.00) worth of caulking, weather-stripping, sheathing, sealing, water heater blankets, related gas plumbing, and like materials, other energy saving devices such as clock-thermostats, set-back devices ("covered items°) from approved suppliers /retailers including necessary labor. Company will undertake efforts to enlist support from community groups, including its own Employee Action Program, to assist customers with installation. If it is determined that professional installation capabilities are necessary, the parties will agree on labor assistance amounts. Eli ibili Low Income -Low-income rate-payers that qualify for heating bill assistance through LIHEAP and other government energy efficiency program agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate assistance funds denote customer as Low Income, a status that lasts for one year. Senior Citizen -Primary account holder can request eligibility through ATM call center or web-site. Customer provides primary SSN which is verified through Social Security Administration. And account holder that is or turns 65 years otd in that year becomes eligible. Funding Initial annual program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through September 30 year, with regulatory asset/liability accounting employed by Atmos to track the difference between program funding and qualifying program expenditures. No Atmos employee labor will be charged as a program expenditure. Administration: A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administration expenses will be funded from the annual approved budget. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DNISION REVISION N0: 0 RIDER: CEE - CONSERVATION b ENERGY EFFICIENCY APPLICABLE TO: All Cities except Dallas EFFECTIVE DATE: Bills Rendered on or after 8/1/2008 PAGE: 85 Audits will be provided all interested parties within 120 days of the end of each program year to determine effectiveness. Report Atmos shall file an annual report detailing cost to administer the program including the amounts paid out of the program for energy conversation assistance. The report shall also detail the number of applicants and expenditures by geographic location, including the numbers of applications rejected and accepted and reason if rejected. The report shall be filed with the Director of the Gas Services Division of the Railroad Commission within 120 days of the end of each program year and with counsel of record for municipalities served by the Mid-Tex Division. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATTACHMENT B ATMOS ENERGY CORP., MID-TEX DIVISION PROOF OF REVENUES TEST YEAR ENDING DECEMBER 31, 2008 (2009 RRM SETTLEMENT PROPOSAL) Line No. Description Prospective Rate Increase 2008 True-up Total change from current rates (a) (b) (c) (d) 1 Rate R 2 Consumption Charge per MCF 3 Change from Current Rate $0.1047 $0.0060 $0.0297 4 Billing Units for Specified Period 82,321,960 82,321,960 82,321,960 5 Total Change in Base Revenue $8,619,109 $493,932 $2,444,962 6 Associated Revenue Taxes 532 144 30 495 150 952 7 Total Rate Impact $9,151,253 $524,427 $2,595,914 8 Number of Bills for Specified Period 17,244,058 17,244,058 17,244,058 9 Average Impact per Bill $0.53 $0.03 $0.15 10 Rate C 11 Consumption Charge per MCF 12 Change from Current Rate $0.0383 $0.0052 $0.0068 13 Billing Units for Specified Period 52,439,100 52,439,100 52,439,100 14 Total Change in Base Revenue $2,008,418 $272,683 $356,586 15 Associated Revenue Taxes 124 000 16 835 22 016 16 Total Rate Impact $2,132,417 $289,519 $378,601 17 Number of Bills for Specified Period 1,452,943 1,452,943 1,452,943 18 Average Impact per Bill $1.47 $0.20 $0.26 19 Rates I&T -1st block 20 Consumption Charge per MCF 21 Change from Current Rate $0.0144 $0.0087 ($0.0150) 22 Billing Units for Specified Period 9,681,181 9,681,181 9,681,181 23 Total Change in Base Revenue $139,409 $84,226 ($145,218) 24 Associated Revenue Taxes 8 607 5 200 8 966 25 Total Rate Impact $148,016 $89,426 ($154,183) 26 Rates I&T - 2nd block 27 Consumption Charge per MCF 28 Change from Current Rate $0.0105 $0.0064 ($0.0109) 29 Billing Units for Specified Period 10,782,882 10,782,882 10,782,882 30 Total Change in Base Revenue $113,220 $69,010 ($117,533) 31 Associated Revenue Taxes 6 990 4 261 7 257 32 Total Rate Impact $120,210 $73,271 ($124,790) 33 Rates I&T - 3rd block 34 Consumption Charge per MCF 35 Change from Current Rate $0.0023 $0.0014 ($0.0023) 36 Billing Units for Specified Period 19,798,632 19,798,632 19,798,632 37 Total Change in Base Revenue $45,537 $27,718 ($45,537) 38 Associated Revenue Taxes 2 811 1 711 2 811 39 Total Rate Impact $48,348 $29,429 ($48,348) 40 Rates I&T -Total 41 Total Rate Impact $316,575 $192,127 ($327,322) 42 Number of Bills for Specified Period 11,571 11,571 11,571 43 Average Impact per Bill $12.79 $7.73 (,x,,1;3. ~?) 44 45 Total Change in Base Revenue $10,925,693 $947,570 $2,493,260 46 Total Rate Impact (Inc. Rev. Taxes) $17,600,245 $1,006,073 $2,647,194 Date: SPEAKER CARD I will speak In Support of this item. ---~-~-- I will speak In Opposition to this item. I do not wish to speak. but please records my: ^ support ^opposition Agenda Item Number: _~~ Ordinance/Resolution Number: Name: Vv ~~ ~'T T-~a~ ~ ~ ~~~ Address: ~, ~S) ~ ~ ~,~ ~ ~~~~1 (L ~~~ City: ~% ~ ~ .~~ ~~ ~1' ~ State: Zip Code: Telephone Number: 1j/~~~ 3~,.l~~~1 Representing: '~" (organize ionlseli7 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: 5' t ~~ SPEAKER CARD I will speak In Support of this item. l/ I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number:,, ~- Ordinance/Resolution Number: ~~`~- <S Name: ~ ~ -~~ c s Address: ~~f ~O ~'~`~,~ ~ ~~~ 7~ p City: ( '' I'~° ~ V ~ ~ ~ State: _~ Zi Code: Telephone Number: ~Z- Z~r `~ I ~~ ~ Representing: 1 understand 1 am limited to speaking for five minutes. For business not listed on the accordance with t~~Texas Open II Signed: Hearing, City Council will not respond in !er 551 of the Texas Local Government Code. a Public Record. Date: ~,~~a3 SPEAKER CARD I will speak In Support of this item. ~/ I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition ~ R' _ Agenda Item Numbgr:O-~-1~Z5 OrdinancelResolution Number: Name: 1 A..,~~ ~g 3 ~~, Address: g'29' J~,~~J~~~ J~~eR City~• I ~*~,b~D State: 1 C~_ Zip Code: n ~ I Telephone Number: ~I ~ ~c~s`~~~ / Representing: (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance the Texas en M etings Law, Chapter 551 of the Texas Local Government Code. Signed: C/ is information is a Public Record. SPEAKER CARD Date: 'l ~} ~ I will speak In Support of this item. -'~- I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: --~.~ OrdinancelResolution Number: Address: ~7 trJv ~ ~ C l,~ ~ "~'" ~~ ~ i ~' City: ~~~ ~ ~~ 7 State: ~ ~ Zip Code: ~~ Telephone Number: `-~ !' -~1 ~~ I ~ ';;ZR&presenting: (organizationlself) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. _,- _ Date: ~ ~ r~ SPEAKER CARD will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposltion Agenda Item Number: ~_ Ordinance/Resolution Number~~ ~~7(~ ~- Name: Address: ~ ~v 3 ~ .c ~~. P ~~'' -- City: l<2~-i~CjY~1 State• / / ~ Zip Code: ~o CZ~ Telephone Number: ~l ~ ~L ~ I ~~ Representing: J ~ ~ ~ (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meet~inQg~s.,Law, Chapter 551 of the Texas Local Government Code. Signed: ~ vm. ~ ` ~ ~~•~- This information is a Public Record. ~y~ SPEAKER CARD Date: ~- `V- Iwill speak In Support of this item. -~ I will speak In Opposition to this item. / I do not wish to speak, but please records my; IJ su port ~op~osition v~c~ ~;,.a~1ld ~Y ~-t-Z Agenda Item Number: - ~~ Ordinance/Resolution Number: Name: ~~ ~~ V G~ Address:~0 Z~ ~-ti C '~ ~'D ~ ~ ~ ~L? ~U rl L '~ ~ 1 YL!~ State• ~ Zip Code: ~o C~ City: U Telephone Number: ~~7 ~-3~-~LS~ ~ presenting: (organizationlself) ! understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. ~ . i, Signed: is information is a Public Record. Date: -~ ~ `~-~"'~ SPEAKER CARD I will speak In Support of this item. -- I will speak In Opposi#ion to this item. _~ I do not wish to speak, but please records my: ^ support .,opposition ,~~ ~-'~ Agenda Item Number: ~~= 7-ZS`Ordinance/Resolution Number: Name: /1'I~ ~ l-r ~ ..~ ` i./""~ '~~~ Address: ~ ~r'~ ~3 ~ Q.r ~c~ ~ C ~ i ~ , City: ~~;~-.~~ state:. ~ .Zip Code: 7~ ©-~ / Telephone Number: ~'/7•-~a.S~oy.~ ~ Representing: (o nization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings~aw, Chap,~r 551 of the Texas Local Government Code. Signed: i~~~~~~~~~~-~~ This information is a Public Record. Date: t'~ -- y ~- ~ ~ SPEAKER CARD I will speak In Support of this item. ~'' I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda -Item Number: ~ Ordinance/Resolution Number: ~ D ~ ~~ Address: ~ ~ d ~ L~~A' ~ ~/~ J~. City: (UGC ~~~~ <<d State: ~~ Zip Code: ~U 3 ~ Telephone Number: ~ 'ZGr Representing: (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance witiyjhe Texas ~n`Neetings Law, Chapter 551 of the Texas Local Government Code. Signed: This ir~~rmation is a Public Record. Date: ~ ~ D SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. ~~ I do not wish to speak, but please records my: ^ support~pposition Agenda Item Number: ~.~~ OrdinancelResolution Number: , Name: L-C~l~.+~Gt ~ ~'~^ Address: i'', a J ~ R ~ ~_______ Stat City• ( _ Zip Coder Telephone Number: ~- "~ Representing: (org i tionlself) 1 am limited to speaking for five minutes. For business no lists on the agenda as a Public Hearing, City Council will not respond in accordance th s Ope Meetings L Cha ter 551 of the Texas Local Government Code. Signed: This in ormation is a Pu lic Record. Date: h'- I `I~- ~,~ SPEAKER CARD I will speak In Support of this item. /~ I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: ~t _ OrdinancelResolution Number: ,~ ~ Name: Address: 3~C~f'S' G~`~'`~''"~ L~ City; State: ~ Zip Code: ~ ~ ` Telephon Number~~~ ~~~ ~~~~Representing: j (org ization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: -~ SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support [~6pposition Agenda Item Number: ~\ OrdinancelResolution Number: ~~ Name: Address: ~'' l C ,`~ c Zip Code: ' City: ~~~ ~'Cr~y ~ State: c-- Telephone Number: SS~~ - 5'l'~-1©\~- Representing: ~' (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in ~rdanc@ with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed:. This information is a Public Record. Date: "`~~;' - ~(~ `' ~ SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. ~ ~ I do not wish to s eak but please records my: ^ support Qopposition Agenda Item Number:C~- - 7-Z~S`~OrdinancelResolution Number: ~ C6 `~- «~ Name: Lam.. ~ y-v~~ C( (..LJ.e~, c,,.~- Address: ~3 p~° '~`7' ~Jr~~ c~.e ~J a ~~ ~' City: `~~~~ State:~~ Zip Code: ^7~G '~ ~ Telephone Number: S~7-$7~~ 1~~ Representing: ~e~~~.~ r~s,'~l-~~4 (organization/self) -- I understand I am limited to speaking for five minutes. For busines not listed on the agenda as a Public Hearing, City Council will not respond in accordance wit th `Teen Meetings Law, Chapter 5 o"~he Texas Local Government Code. Signed: ~ ~ ~.~-~--~1-~ This information is a Public Record. city v! Texas CITY OF COLLEYVILLE CITY COUNCIL MEETING WELCOME If you wish to address the. City Council, please follow the suggestions listed below: 1. Please read the opposite side of this sheet and provide the required information in order that the Mayor may recognize you promptly at the appropriate time. 2. Please state your full name and address when you begin your remarks in order that the official minutes record your appearance before the City Council. THANK YOU FOR YOUR COOPERATION. SPEAKER CARD Date:.,~.~ ~ a i ~~6 O ~ I wish to address the City Council on the following subject: Agenda Item Number: ~ '+©~-/ ~72~ ~ - Name~,9~.ti' 't::'~ ------ Address: 2~~1i~'~-''?`~~.~~s~~L~~.- City: ~,~ pL ~L~------------------- Telephone No. ~ T~ ~`~~/ ~ ~~, represent: ,~^ organ-~ ~:~ition/self 1 understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public com ~nts or question%1 Signed: ~-~`_`~'zLrrkz".~ ------------------------ This information is a Public Record `~ Colleyville City Council 100 Main Street, Colleyville, TX76034 Dear City Council, We would like to object to the proposed zoning change for the Covenant Christian Academy that is scheduled for presentation on 8/4/2009. We as Bedford citizens are apposed to this change because of the impact that it will have on our streets and our community as Covenant Christian Academy continues to expand. The traffic will come down Wayne and then flow out of several streets in our housing area. As a private academy we do not feel that Bedford should be responsible to support this financial commitment of our streets and additional police coverage. Our streets are already a short cut to avoid the stoplight on Brown Trail. We do not need additional traffic. We already have our own elementary school with the usual school high traffic times. I understand that the lights for the football field have already been taken off of this proposal. However, I would find it very hard to believe that the school would continue to accept this change long term. The impact on all of these issues will be born almost entirely by the Bedford Community, not the citizens of Colleyville. We therefore find that we must object to this proposed zoning change. Thank You, ~~ Dr. & Mrs. Geurt Levi Tilma 3604 Shady Brook Dr Bedford, TX 76021 817-498-8538 ~.ty or ® ~~ Texas CITY OF COLLEYVILLE CITY COUNCIL MEETING WELCOME If you wish to address the City Council, please follow the suggestions listed below: 1. Please read the opposite side of this sheet and provide the required information in order that the Mayor may recognize you promptly at the appropriate time. 2. Please state your full name and address when you begin your remarks in order that the official minutes record your appearance before the City Council. THANK YOU FOR YOUR COOPERATION. SPEAKER CARD Date:.~~s%~Zb 4~ I wish to address the City Council on the following subject: ~a ~r Agenda Item Number: ------ ---- - Name~i9r~-~Y /7~`t/GC~Z ,Address: ~~1~c~1~d~ ~~~~- City: ~~ ~? ~----------___-- Telephone No. ~ 7~ ~/ ° S<00~ I represent: n ( ZO o N-aMes ~~L~ ~C 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or quest~ions~ n r Signed: ~~ information is a Public Record ~~ • ~. 8 City of Colleyville 100 Mltain Street Colleyville, Texas 76034 ~,x~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1725 File Number: 0-09-1725 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 08/04/2009 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial Attachments: Location and Zoning Map Notification List Letter of Support Letters of Opposition • Statement of Planning Objectives Conceptual Site Plan Building Elevations Bleacher Details Ordinance O 99 1139 Ordinance 0-06-1602 Ordinance 0-09-1725 History of Legislative File Version: Date: Acting Body: Action Text: 07/13/2009 Planning and Zoning Commission 08/04/2009 City Council Title Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 Explanation First Reading and Public Hearing Colleyville Covenant Christian Academy has submitted a request to change the zoning of 17.7 acres, located at 715, 901 and 909 Cheek Sparger Road and 3815, 3809, 3805 Wayne Drive. The applicant is requesting to rezone the property from the R40-Single Family Residential zoning district and the PUDC-Planned Unit Development Commercial to the PUDC-Planned Unit Development Commercial zoning district. The applicant is seeking the zoning change in order to expand the existing private school at 715 and 901 Cheek Sparger Road. Existing Conditions. The subject properties are currently platted as six lots. The properties located at 715 and 901 Cheek Sparger Road are currently developed as Colleyville Presbyterian Church and Covenant Christian Academy and are zoned PUDC-Planned Unit Development Commercial. The properties located at 3805 Wayne Drive and 909 Cheek Sparger are currently developed as single family homes. The properties located at 3809 and 3815 Wayne Drive are vacant lots. All lots adjacent to City of Colleyville Page 1 Printed on 7/30/2009 Agenda Briefing Continued (0-09-1725) Wayne Drive are currently zoned R40-Single Family Residential. The existing residences are proposed to be demolished as part of the development of the private school. Existing PUD Requirements. The applicant is requesting to repeal the existing PUDC zoning on the property approved by Ordinances 0-99-1139 and 0-06-1602. Ordinance 0-99-1139 permits the use of a church and private elementary and secondary school on the property as well as incidental athletic and recreational uses and any uses accessory to the school and church uses. Ordinance 0-06-1602 amended the site plan approved under 0-99-1139 by allowing atwo-story, 33,899 square foot school building contingent upon the removal of all portable buildings from the property and the completion of a traffic impact analysis. The draft ordinance repeals the previous two PUD ordinances for the property and resets the zoning of the subject properties to the current PUDC request. Permitted Uses. The applicant requests that the permitted uses be for a church, private elementary, secondary and high school. All other uses such as the athletic field and multi-purpose facility will be incidental and accessory to the principal uses of the school and church. Therefore, no commercial activity may take place on the property nor may any facilities be utilized or leased for private, amateur or professional athletic leagues not associated with the school. Proposed Development. The applicant proposes to add four new buildings and an athletic stadium to the existing elementary and secondary school campus which consists of two buildings and four portable structures. Maximum enrollment will consist of 600 students - 200 high school students and 400 elementary and secondary school students. The proposed new buildings include the following: - 48,000 square foot high school - 6,000 square foot library - 19,200 square foot multi-purpose building - 28,200 square foot grade school and administration buildings The proposed athletic field would provide bleachers on both sides of the field with enough seating to accommodate 200 spectators. Building Design. The applicant has provided proposed building elevations. These elevations have been added to the draft ordinance. Although all phase one and two buildings shown on the site plan are shown as single story, the applicant requests the option to build the buildings as two story buildings. All buildings will be restricted to the building area proposed by the applicant and all buildings will be required to meet the building height requirements of the Land Development Code. Development Schedule. The applicant proposes four phases of development based on the buildings shown on the site plan: Phase 1-Grade School/Administration (begin immediately and finish in 15 months) Phase 2- Multi-Purpose Facility/Library Construction (No construction start date determined) City of Colleyville Page 2 Printed on 7/30/2009 Agenda Briefing Continued (0-09-1725) Phase 3- Athletic Field (No construction start date determined) Phase 4- High School (No construction start date determined). Staff recommends that Phase 3 and Phase 4 require the approval of a detailed site and building elevation plan by the City Council prior to construction. Replat Requirement. Upon approval of this PUDC, the applicant will be required to replat the residential properties currently zoned R40-Single Family Residential into the existing school parcel. Removal of Portable Buildings. Upon completion of the Phase 1 buildings, the applicant proposes to remove the remaining four portable buildings from the property. Staff recommends if no building permit has been requested for Phase 1 construction as of September 1, 2010, that all portable buildings must be removed from the property no later than September 30, 2010. This provision has been added to the draft ordinance. Parking and Access. The applicant intends to provide 200 parking spaces as part of the phase one construction with an additional 30 spaces to be provided upon completion of the athletic field. The proposed parking meets the minimum requirements of the Land Development Code for all phases. However, staff recommends that, in order to ensure the availability of adequate parking, athletic events can only be held on the campus when school is not in session. This provision has been added to the draft ordinance. The campus will be accessed by a continuous 24 foot wide fire lane linking Cheek Sparger Road to Wayne Drive. According to the site plan, three driveways currently access Cheek Sparger Road. Two additional driveways are proposed along Wayne Drive. Traffic Impact. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Private Schools (K-12) are expected to generate 0.92 trips per morning per student and 0.62 trips per afternoon per student, on average. Based on these averages, a 600 student private school (K-12) would add approximately 936 vehicle trips per day to the surrounding roadways. However, as required by Ordinance 0-06-1602, a TIA was completed by Lee Engineering in 2007. The recommendations of the TIA included adding a center turn lane to Cheek Sparger Road in front of the school. This requirement was completed in 2008. Wayne Drive Improvements. The applicant proposes to improve the western half of Wayne Drive where it is adjacent to the proposed development in lieu of any perimeter street fees, which would include 15.5 foot curb and gutter street from the existing centerline. Athletic Field and Lighting. The proposed athletic field will provide seating for not more than 200 spectators and will not include any lighting. Therefore the applicant has agreed City of Colleyville Page 3 Printed on 7/30/2009 Agenda Briefing Continued (0-09-1725) that there will not be any athletic events held at night on the field. The applicant has provided a detailed exhibit of the proposed bleachers, which has been added to the draft ordinance. The bleachers will include no more than five rows of seating per each section. The applicant proposes to allow the installation of turf only as part of the Phase 1 construction. Staff recommends that any parking lot and exterior building/security lighting be directed away from residential areas with a minimum of 0.5 foot-candle illumination as measured at the property line. These provisions have been added to the draft ordinance. Master Plan. The Future Land Use Plan designates the portion of the subject property currently utilized for a private school for institutional uses. However, the portion that is currently zoned R40-Single Family Residential is designated for single family residential uses. Therefore, the rezoning request is not entirely consistent with the Future Land Use Plan. Open Space. The Land Development Code requires that the development provide a minimum of 20 percent open space. The proposed site plan for the development provides for 60 percent open space. The open space areas include two ponds, which will be located along Wayne Drive along with a playground that will be built adjacent to the grade school and administration building. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site detention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting and building permit process. Sidewalks and Trails. Sidewalks are required to be constructed along Cheek Sparger Road and Wayne Drive at the time the school is constructed. According to the Land Development Code a 5-foot wide concrete sidewalk is required to be built along Cheek Sparger Road as part of this development. Staff recommends that the existing 5-foot wide sidewalk along Cheek Sparger be extended west along Cheek Sparger Road in front of the existing school in order to complete the missing sections of the sidewalk. The developer will also be required to construct a 4-foot wide concrete sidewalk along the entire length of the Covenant Christian Academy frontage on Wayne Drive. This provision has been added to the draft ordinance. Fences, Walls and Screening. The applicant proposes to construct an eight (8) foot wood screening fence with masonry columns every 20 feet along the western boundary of the development adjacent to Lots 19 through 26 of the Camelot Estates Addition in the City of Bedford and adjacent to 3709 Wayne Drive prior to the issuance of a certificate of occupancy for the phase one buildings. Landscaping and Buffering. The applicant proposes to provide one minimum three (3) inch caliper tree per every 40 feet of street frontage and one five (5) gallon shrub per every City of Colleyville Page 4 Printed on 7/30/2009 Agenda Briefing Continued (0-09-1725) five (5) feet of street frontage along Cheek Sparger Road and Wayne Drive. The applicant also proposes to provide a 20 foot landscape buffer along the entire western property line adjacent to the City of Bedford. Staff recommends that a 20 foot landscape buffer be added next to 3709 Wayne Drive as well. Additionally, staff recommends that the landscape buffers contain live plant material of the evergreen variety, which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. In the case of the buffer located along the western property line, the plantings would not be required until the athletic field is built. The buffer next to 3709 Wayne Drive would be planted prior to the completion of the Phase 1 construction. These provisions have been added to the draft ordinance. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon submittal of a building permit for any new structure. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the school. Fee Waiver Requests. The applicant is requesting waivers to impact fees and any tree mitigation requirements. Staff recommends that any requests for relief from these fees be addressed separately from this PUDC request and follow the variance procedures prescribed in the Land Development Code, and therefore are not included in the draft ordinance. Surrounding Development Trends. The surrounding properties represent a variety of uses. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed as single family homes. Properties to the west are zoned CC1-Village Retail and are developed as offices in Colleyville while properties in Bedford are zoned and developed as single family homes. The properties to the east are zoned R-40-Single Family Residential and are developed as a single family homes or are vacant. Properties to south are developed as single family residences and are primarily located within the City of Bedford. Public Notification. Staff mailed notices to 24 adjacent property owners and a courtesy notice was sent to the City of Bedford regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one (1) letter of support from a Colleyville resident. Staff has also received four (4) letters of opposition from residents of the City of Colleyville and thirty-five (35) letters of opposition from residents of the City of Bedford. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request by a vote of 6-0 subject to the following recommendations: City of Colleyville Page 5 Printed on 7/31/2009 Agenda Briefing Continued (0.09-1725) • Library construction will be moved to Phase 2; • Allow athletic field turf only to be installed in Phase 1 construction; • No lighting shall be installed for the athletic field; • The 8 foot screening fence required along the western boundary of the property shall be constructed of wood but have a masonry column every 20 feet; • The bleachers for the stadium shall have no more than five rows of seats and shall be consistent with the submitted bleacher exhibit. The applicant has revised their plans to adhere to the above recommendations and the briefing and draft ordinance have been updated accordingly. Summary. Given the proposed educational uses, the proposed zoning change is not completely consistent with the Future Land Use Plan, as a portion of the subject properties is designated for single family uses. However, the Land Development Code allows educational uses within residential areas through the issuance of a Special Use Permit. Staff recommends that, given the potential neighborhood impacts and lack of a construction schedule of the athletic field and the high school, the third and fourth phases of the project be allowed only through the additional submittal of a detailed site and building elevation plan to be approved at the discretion of the City Council. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 6 Printed on 7/30/2009 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Saddlebrook H/O Assoc Inc PO Box 382 Colle ille TX 76034 004003 Brown Tr Minin ,James Etux Linda 4006 Southwood W Colleyville TX 76034 004006 Southwood W Ramse , Paul A Etux C nthia A 603 SummerUee Ct Colle ille TX 76034 000603 Summertree Ct Bell, Michael E Etux Ellen K 1001 Inwood Ln Colle ille TX 76034 001001 Inwood Ln Reid, Ter B ant 907 Inwood Ln Colle ille TX 76034 000907 Inwood Ln Colon, Robert Etux Sarail 4004 Southwood W Colle 'lle TX 76034 004004 Southwood W Copp, Michael K 803 Inwood Ln Colleyville TX 76034 000803 Inwood Ln Colb , Susan L 4001 Mockin bird Ln Colleyville TX 76034 004001 Mockin bird Ln Ship , J D Jr Etux Sandra L 901 Inwood Ln Colle ille TX 76034 000901 Inwood Ln Harrin ton, Paul F Etux Suzann 4000 Southwood W Colle ille TX 76034 004000 Southwood W Kel , Deborah R 905 Inwood Ln Colle ille TX 76034 000905 Inwood Ln Jones, Gr o G Etux Michelle 903 Inwood Ln Colleyville TX 76034 000903 Inwood Ln Share, Sandrea Donna 4002 Southwood W Colleyville TX 76034 004002 Southwood W Whiteley, Kenneth C Etux Fran 601 Summertree Ct Colleyville TX 76034 000601 Summertree Ct Kirkland, Richard T 4000 Mockin bird Ln Colle ille TX 76034 004000 Mockin bird Ln Ccdcw L 9301 N Central Ex Ste 300 Dallas TX 75231 003916 Wa ne Dr Goodin, Ju Etvir Phillippe 909 Cheek Spar er Rd Colle ille TX 76034 000909 Cheek Sparger Rd Colle 'lle Cov Christian Aca 715 Cheek S ar er Rd Colle 'lle TX 76034 000901 Cheek Spar er Rd Presb Brian Church America 715 Cheek Spar er Rd Colleyville TX 76034 000715 Cheek Spa er Rd Heather Rid a Development Llc 609 Cheek Spar er Rd Colleyville TX 76034 000609 Cheek Spar er Rd Read, Re inald III Etux Susan 7709 Davis Blvd North Richland Hills TX 76180 000611 Cheek S ar er Rd Ccdcw L 9301 N Central Ex Ste 300 Dallas TX 75231 003908 Wa ne Dr Colle ille Cov Christian Acad 901 Cheek Spa er Rd Colle 'lle TX 76034 003815 Wa a Dr Ccdcw L 9301 N Central Exp Ste 300 Dallas TX 75231 003816 Wa ne Dr Covenant Christian Academy 901 Cheek Spar er Rd Colleyville TX 76034 003809 Wa ne Dr Ccdcw Lp 9301 N Central Exp Ste 300 Dallas TX 75231 003808 Wa ne Dr Covenant Christian Academ 901 Cheek S ar er Rd Colle 'lle TX 76034 003805 Wa ne Dr Ccdcw L 9301 N Central Ex Ste 300 Dallas TX 75231 003716 Wa ne Dr Stale ,Bob 3709 Wa ne Dr Colle ille TX 76034 003709 Wa ne Dr Ccdccw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003708 Wa ne Dr Ci of Bedford 2000 Forest Ride Bedford TX 76021 courtes notice Public notices were mailed on Friday, June 26, 2009 by Amy Shelley. Signature Page 1 of 1 Letter of Support Amy Shettey From: Ron Ruthven Sent: Tuesday, July 14, 20091:51 PM To: Amy SheNey Subject: FlN: Planning 8 Zoning -Covenant Christian Academy A letter of approval. From: ~tll delp Sent: Tuesday, July 14, 20091:39 PM To: Ron Ruthven Sub,~ec:t: Planning & Zoning -Covenant Christian Academy Ron, My family has lived in the Saddlebrook neighborhood for 10 years. My children attend public school. I ask that you consider the benefits neighboring homeowners ceap from a strong private school in the area. If you ask anyone in Argyle who has had a home on the market in the past few years, they will tell you that many families are moving to Argyle because of Liberty Christian School. While traffic, lighting and noise should certainly be considered, we too need to realize that what is good for CCA, may very well be good for our home values. Thank you, Jill Delp 214-402-4713 7/l4/2009 LETTERS OF OPPOSITION COLLEWILLE RESIDENTS Page 1 of 1 Letters of Opposition -Colleyville Residents Amy Shelley From: Ron Ruthven Sent: Sunday, July 12, 20091:26 PM To: Amy Shelley Subject: i=vv: New Zoning -Ref ZC09-004 From: Sent: Saturday, July 11, 2009 7:15 PM To: Ron Ruthven Subject: New Zoning -Ref ZC09-004 Dear Mr. Ruthven: My my wife and I are residents of Tara Plantation. and live at the corner of Cheek Sparger and Bedford Roads. We object to the proposed expansion of Covenant Christian Academy since we did not move here sixteen years ago to be subject to a school circus. If this organization requires a major expansion, I suggest that they move some place else since they bring no value to the neighboring housing developments. The added traffic and lighting issues are not welcome. I will not be able to attend the 7/13/09 public hearing since I wiH be traveling on business, which is the reason for my e-mail. Hopefully, this proposed project will be canceled. Thank you for your valuable time and consideration. Regards, Jim S Cindy Griffith 4002 Plantation Court Colleyville, TX 76034 817-656-9127 A Good Credit Score is 700 or Above. ~ yours 1nJust 2 easy stops! 7/13/2009 Letters of Opposition - Colleyville Residents To Whom it May Concern: As a Saddlebrook residents for the past I3 years, we are definitely opposed to the Covenant Christian Academy (CCA) plans to expand more buildings and to include an athletic stadium. One of the things we enjoy most about Saddlebrook is the quiet, residential atmosphere. That will be destroyed if the CCA expansion plans aze allowed. We live on Mockingbird Lane, which forms a "T" with Cheek Sparger Rd. This is right where CCA is located. The noise will be unbearable. We already get the noise from daily loudspeaker announcements from CCA. We were trying to be good neighbors by ignoring it, as it is during the daytime, so we overlooked the disturbance. We also overlooked the children yelling and screaming when they are out on the playground. However, loudspeaker announcements, yelling and screaming from hundreds of people at night is a different matter entirely. Not to mention the marching bands and loud music that play in athletic stadiums. The traffic has been a problem for years now due to CCA due to pick up and drop off times, but again, we overlooked it. But with stadium activities the traffic problem will increase drastically, especially in the evening when Saddlebrook families will be trying to get home. Remember, that during stadium activities, it wouldn't just be CCA students, parents, friends and faculty; it would also be opposing team students, parents, friends and faculty. The traffic noise and congestion would be hon~endous. Not to mention nonresident parking on the streets outside ours homes. Mockingbird Lane, Inwood and Rodeo streets would be the worst, but not the only streets in Saddlebrook effected. Saddlebrook has been a safe place for our families and pets to walk. Since there are NO sidewalks, we must walk in the streets. With stadium parking clogging both sides of our streets, the neighborhood will no longer be safe for people, children or pets to walls. Additionally, the increase in traffic congestion and parking would affect emergency vehicles (fire trucks, police cars, ambulances etc.) getting to the homes on this side of Saddlebrook. It is evident that this expansion would decrease propcrty values while increasing noise, increasing traffic, incns~sing litter, increasing pollution, increasing crime from kids "hanging around" i.e. cars being broken into, properly damage and so on. We also DO NOT want a 70' tower (much kss 4 towers!) that close to our home. It will be an eyesore to our beautiful Saddlebrook. Not to mention the lights themselves from the towers will invade on the privacy of the homes closest to Cheek Sparger Rd. Who wants to look out the windows at night to have stadium lights glaring in at them? Letters of Opposition - Colleyville Residents DATE: ~lQ/a~ COMMUNITY DEVELOPMENT DEPAR"TMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-064 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8c Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~,, (~ ~t~r` ~ ~ Signature (Property Own r) j'A+~c- A. t't~~.sE~ Printed Nome C~~ Signs a (Pro Owner) ~~~~~~ Printed Name Property Address• Ufa ~~~1~2L>~~~ liJ~l~ ~~~ v~l~e ~ 7~0~ ~1 RECEIVED JUL 1 4 2009 Per ............. Letters of Opposition - Colleyville Residents DATE: `~~1~~ CQMIKUNITY DI?VEL4PMENT DEPARTMENT CITY 4F COLLSYVTT.i.F 10014UII~1 gI'REHI" Cf?LLEFYRZT9, TEXAS 76034 IRE: ZQ1~tING CASE ~7~C09.804 REQttFSTED BY KEITH SQUIRES LOCATI~T; 713.401- AND 909 CI~EK3PARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYYII.LE, TX DEAR P ~ Z COMMISSION: AFTER I~C~YIIVG NOTICE OI: THE 7.Oi~QPtG CHANGE R>d»QiJEST AND ATTAt'0~1 !!~'1"Z ?LAN, I't9VtWLD LICE 1'O PRO'!'~S'I' TSE EONYNG CHAi+i!C~C/81'Tt PLAN lP>6tQT'4BED IN T8E AHOVE NCII.D CASE. SINCERELY, Si~sat~ Ow~r) Phu, A. RPrN-S~Y ~~G/ S (P Owner) G~~'~~~-s~.~ p~t~a Nose n~.~r~am.~: ~aO3~i~t~ce~e2 ~nU~ ~llty~%l/e T 7~~ r LETTERS OF OPPOSITION BEDFORD RESIDENTS Letters of Opposition -Bedford Residents July 10, 2009 91-247 Lukini Place Ewa Beach, Hawaii 96706 Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Zoning Case Number ZC09-004 Dear Planning and Zoning Commission: My wife and I are the owners of the property located at 717 Steeplechase Drive, Bedford, Texas. We received the notice of a public hearing concerning the request for rezoning by Keith Squires. After reviewing the proposed use for the land as described in the request for rezoning, we have decided that as the home owners and with consideration for our tenants, future tenants and the neighbors who live on the property adjoining the proposed rezoning request we are voicing our opposition to this request for rezoning. We do feel that an athletic field with 4 seventy feet high lights positioned behind residential homes would create too much light in the evening hours when residents are home relaxing after a hard day at work which would not serve the bed interest of the home owners. Additionally, we feel the noise created by activity at the athletic field would be too loud for the residential climate of the home owners. The homes in the area adjacent to the proposed rezoning have been there for 30 years and should have the right to preserve their peaceful and tranquil living environment. A copy of our objection will be sent to the Bedford Planning and Zoning Commission. Thank you, Respectfully, ~ ~~~ / N~!!/~1~0' Richard C. and R y J. Witek cc: Planning and Zoning Commission, City of Bedford, Tx RECEIVED JUL 14 2009 Pet ............. Letters of Opposition -Bedford Residents DATE: ~ .~ ~ ~ ~ ~ p COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: 7.ONING CASE #ZC09-OA4 REQUESTED BY KEITH SQUIRES LOCATION: 71 S, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~ S' start (P rty aer) Printed Name Signature (Property Owner) Printed Name Property Address: .- 9 RECEIVED JUL 1 3 2009 Per ............. Letters of Opposition -Bedford Residents DATE: ~j ~ a _ ~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-094 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 38l 5 WAYNE DR. COLLEYVILLE, TX DEAR P 8c Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE AHOVE REFERENCED CASE. SINCERELY, C ~ ~~r ~ S afore (Property Oaaer) ~o~, n C .~1'loo~'e Printed Name Property Address: ~ V ~ I ~p ~( {"10 ~ (~ (,q~ ~ ~ , OZ RECEIVED JUl ~ 3 2009 pit ..:.......... Letters of Opposition -Bedford Residents DATE: ~ _ (~ ~ ~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYV[LLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, GZ~~~ SI Property Owner) SignAtore (Property Owner) ~ as~~a ~, ~~ ~ ~ c~ Priated Nsme `~ / Printed Name Pro a Address: (~-~` ~ ~~~~ P ~Y ( - 1 ~Qd C~r/~J V~~-~ RECEIVED JUL 1 3 2009 Per ............. Letters of Opposition -Bedford Residents DATE: ~ ' , a ' ~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8t Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGEISITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, Signatare (Property Owner) Printed Name Printed Name Property Addrea~: ~ ~ ~° RECEIVED ~~~ y 3 2009 Per ............. Letters of Opposition -Bedford Residents DATE: ~ ~ ~ a . O COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYV[LLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 71 S, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 381 S WAYNE DR. COLLEYVILLE, TX DEAR P 8c Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, i Sign/a/tore (Property er) Printed Nsme Signature (Property Owner) Printed Nsme Property Address: ?~~ .~~~J~<<~~i~j~~ ~~ RECEIVED JUL 1 3 2009 Per ............. Letters of Opposition -Bedford Residents Glty p~ CCU texas NOTICE OF PUBLIC HEARING Zoning Case Number: ZC09-004 Applicant: Keith Squires Location: 715, 901, 909 Cheek Sparger Rd. and 3805, 3809 and 3815 Wayne Dr. Property Description: Lots 1-4, Block 3, Southgate Addition and tots 1 and 2, Colleyville Presbyterian Church Addition Present Zoning: R40-Single Family Residential and PUDC-Planned Unit Development Commercial Requested Zoning: PUDC-Planned Unit Development Commercial The City of Colleyv~le has scheduled public hearings concerni~7g the aborre>;-eferenc.?d request on the folloeuing dates and location: ' ~.: . Planning and Zoning Commission: July 13~', 2009 7:00 pm City Council: August 4a' and August 1t3°, 2009 30 pm City Council Chambers, 3`~ floor of City Na11,100 Main S ~ , ~Colleyvilte, Texas This notice has been seM to all owners of real property within 200 feet of the request as such ownership appears on the last approved city tax roll. Action by the R1sanMg stet Zoning Commtssi~ serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commsssion is final, unless the applicant submits a written notice of appeal within 10 days from the date of actbn ~ the Commission. If appealed, the request will be placed on the next available City Council agenda anti all property owners within 200 feet will be re-notified of the hearing. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. AM irrterasted persons are encouraged to attend the public hearing and express their opinions on the zoning t~tange roquest. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that the approval of the zoning change request shah require the approval of a super majority vote by City Council. The application is on fits for public examination in the Planning Department at i00 Main Street, Colleyville, Texas. For add9lonat infamstion, please contact the Community Development Department at 817.503.1050. Please reference the zoning case number when requesting information. Amy Shelley JUL ~ 3 2009 Planning & Zoning Assist . ............. ~/,tlr~ti shelleya~c~. colleyville.tx. us ~Y J~°~~ t~~oi~~~~~ ~cQ~zl ~"'^ ^"'•, Letters of Opposition -Bedford Residents A'I°TENTION NEIC;I-LBORS!!! IN CASE YOU DID NOT KNOW, COLLEYVILLE COVENANT CHRISTIAN ACADEMY iS REQUESTING A ZONING CHANGE ON THE[R PROPERTYES) . I GUESS THIS IS THE FIRST STEP OF THE BUILDING PLAN SHOWN ON TI-IF. A"TTACHED BLUEPRINT. PROPERTIES WITHIN 200 FEET WERE NOTIFIED BY THE CITY OF COLLEYVII.LE VIA THE CITY OF BEDFORB OF THE PROPOSED CHANGE, HOWEVER, I FELT LIKE THE PROPERTIES IN CLOSE PROXEMITY SHOULD ALSO BE NOTIFIED OF THE REQUEST. t DON'T KNOW YET WHAT ALL THEY HAVE PLANNED, BUT THE FIRST THING MY HUSBAND AND I NOTICED FROM THE BLUEPRINT WAS THE MENTION OF (4) 70' STADIUM LIGHTS ON THEIR ATHLETIC FIELD. PERSONALLY, WE HAD COME TO TERMS WITH THE SCHOOL'S EXPANSION AS WAS APPROVED IN 2007, WHICH INCLUDED AN UN-LIT ATHLETIC FIELD. HOWEVER, THIS IS SOMEWHAT DIFFERENT- WE DO NOT WANT OUR PROPERTY VALUE DIMINISHED- PRIMARILY BY TOWERING LIGHTS BUT ALSO BY INCREASED NOISE, ACTNiTY AND TRAFFIC~~tIGHT AROUND THE CORNER. OTHERS OF YOU MAY HAVE YOUR UWN ISSUES WITH THE PROPOSED SITE PLAN. [WOULD LIKE TO FIND OUT MORE ABOUT WHAT THEY ARE P NING, BUT JUST WANTED TO ENCOURAGE ANYONE WHO HAS AN INITAL PRO ~ TO THIS REQUEST, TO FILE IT ASAP. THAT WAY WE HAVE OFFICIALLY REGISTERED OUR DISPUTE ANI), IT MAY MAKE IT MORE DIFFICULT FOR THE SCHOOL TO INSTILL THESE CHANGES THAT NEGATTi1F.LY AFFECT OUR PROPERTIES. RESIDENTS ON THE COLLEYVILLI TAX ROLLS ARE THE ONES OFFICALLY COUNTED AS PROTESTS, I BELIEVE; HOWEVER, BEDFORD LETTERS SURE CAN'T HURT. AS FAR AS I KNOW, ALL IT TAKES IS A BASIC WRITTEN STATEMENT SAYING THAT YOU PROTEST THE PROPOSED ZONING CHANGE FOR ZONING CASE #ZCti9-004 MAILED OR DELIVERED PRIOR TO THE FIRST PUBLIC HEARING ON JULY 13~ TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEVYII.I,E, TX 76034 IF I CAN HELP IN ANY WAY, PLEASE LET ME KNOW. IF YOU WOULD LIKE TO BE INVOLVED IN A COMMUNITY GROUP TO DISCUSS THIS ISSUE, PLEASE EMAIL ME AT ccane~ghhcxs'rr)shc~loh~L~~et AND I WILL TRY TO ORGANIZE A EMAIL LIST TO SHARE INFORMATION. I DON'T REALLY WANT'I"O FIGH"t' WITH THE SCHOOL, BUT WE HAVE TO PROTECT OUR PROPERTY VALUES-ESPECIALLY IN TIMES SUCT-I AS THESE. 'THANKS FUR YOUR HELP! PLEASE PLAN TO ATTEND THE PUBLIC HEARINGS! GARY AND SHELLEY ZAK 3821 FOX HOLLOW DR. X .~~~ J~, rn ~D~~~~J JUL 1 Q .1009 CITY OF LEYVICIE BUIl.C31t~E; (7FDAOTII~r~ir "aX Q ~. L a'V/ C3 ~~ Letters of Opposition -Bedford Residents July 10, 2009 Community Dcwelopment Department City of Coiltyvillt 100 Main Street Coffeyville, Texas 76034 REF#ZC09-004 Dear Sir: You MUST NOT let Covenant Christian Academy do anything else wonderful quiet neighborhood. Ths expansion that they have done ryow ha. land and property where we have lived for 28 years. Where ~Y have torn houses on Wayne, they have let the weeds go over aft tall. That' have allov and all kinds of other animate to have a perfect place to bids. At dusk you < walk down Wayne, as you will seethe snake situation. Thera are trx limb: storms we had over a month ago, and the property free not beers cleaned up. NO CONCERN for anyone that has to live around where they have Char ~+ area IS NOT big enough for what they want to put there, not even co-mting and traffic. Just take a look at the "parking tot" the they made on Wayne Street AWFUL, they don't keep it maintained and vvho approved a gravy perking weeds aft tall growing in the middle of it? They merle a "make shift" walk to their other property. Everything that they do looks like "white trash". T1 beautiful neighborhood, btrt they don't care. The City of Coffeyville should not want such tn~sh in their city. Oru neighbarhood does not wain the lights, traffic and noise from a big stadium here first - let thorn put their stadium someptaoe eL~e. If Covemant Christian Acadany had been a good neighbor sad done according to coda, than things might be differ+att. It would be wrful if tear down the entire school aad go somcepl~e else because they are not wan They have NO concerns for the neighborhood around them. Ail they cart a money. Please say "NO" to any zoning changes. AND PLEASE MAKE TF UP Wayne Street. Sincerely, -~ Cindy Cluiscnberry 3620 Wayru Court Bedford, Texas 76021 to destroy our destroyed the sown the ed snakes anaoteven down from They have ipesty. That ell the cars It looks ~t with .y and gate s WAS a quiet little We were would here. t is CLEAN RECEIVED JUL 1 3 2000 Per ...:......... Letters of Opposition -Bedford Residents DATE: r~ / r p ~ Q COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONIIVG CASE ~ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8t Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED l[N THE ABOVE REFERENCED CASE. SINCERELY, ii~satare roperty Owacr) P ;7~tv,~t/~ ~ Prlated N me 5igaatare (Property Owner) Priated Name /,~ Property Address: ~~3.3 T ~' X L Lo C~ ~ RECEIVED JUL 1 3 2009 Per ...:......... Letters of Opposition -Bedford Residents DATE: ~ .. ~ ~ ' v COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, Signature (Property Ow-eer) K~/ 1 ~ ~ ~' P Name Properly Addte~: ~~~ Signature (Property Ow~aer) Printed Name ~. ~. ~~~~1 ~6~/ RECEIVED JUl 1 3 2009 Per ............. Letters of Opposition -Bedford Residents DATE: `', Y ~ O ~,D COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE FLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED iN THE ABOVE REFERENCED CASE. SINCERELY, S to (Props ner) ~~ __~~ Signature (Property O~-ner) Print ame Primal Name Property Address: ~60~ ~ RECEIVED JUL ~ 3 2009 Per ............. Letters of Opposition -Bedford Residents DATE: 7- ~ 3 - 2~~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD L1K.E TO PROTEST THE ZONING CHANCE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~l ~p11 ~~„~E'~2NE~~ 933 ~z~ 7E,~~ ,SE.~rc~.o, T~ T~2 g,~_ 93y - ysPZ JUL 1 3 2009 coy:-c -_._..f..~n -- _ ... _ _ _ ,..,, Letters of Opposition -Bedford Residents DATE: ~.J" ~°~ ~ a~r'~-` COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~'1a~~ ~~ ~~~5 q 33 ~LJ~c~, ~"ec c~c~, C~-~) ~~s~FB57 r JUL 1 3 2009 OF Letters of Opposition -Bedford Residents 71u1y 2009 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE TX 76034 I wish to protest the proposed zoning change for inning case t~ZC09-004. There's a reason this area is now zoned residential and not commercial. The entire adjoining area is all residential and not egMipped to handle the traffic or parking problems associated with commercial devebpment. Since I am a resident of Bedford with my property very cbse to the area to be rezoned 1 am concerned with the increase in traffic, node, parsing and after hours activity that wiN be generated by commercialization of the area. I therefore stronghr pnocest tlk rezoning of this property. Warren E Spangler NV~~ ~~~~~~~ 3632 Wayne Ct Bedford, TX 76021 RECEIVED JUL 1 3 2009 Per ............ Letters of Opposition -Bedford Residents DATEC/~~~ l 3~ o~©©/~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE ~!Z('Y9~94 REQUESTED BY ICEI'['A SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR COLLEYVILLE, TX DEAR P 8c Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD Lii~ TO PRUTES? TAE 7,ONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE RICFERENCED CASE. SINCERELY, ~__ S~satnre rsperty Owner) ~~t~~L. f~//t~.ES Printed Name 3~satre (Property Owner) Printed Naive Property Address: _ ~~ ~ y`^' T~~Q~f.15~i' S~ ~~~.~ D =; JUL 1 3 2fl09 July 8, 2009 Letters of Opposition -Bedford Residents Community Development Department City Of Colkyville 100 Main Street Colleyville, TX 76034 Dear P. and Z. Commission: We in the Bedford community that adjoins the Colleyville Covenant Christian Academy ~~: Colkyville Presbyterian Church Addition on the west side beg and pray that you do not allow a Zoain~g change in the zoning case #ZC09-004 Requested by Keith Squires. They changed the dme so no one would know it was the same place. Probably wouldn't have known until the City of Bedford sent the protest form around. This school has been planning, revising, and lying about the property for the past two years. Some of my neighbors and I have been to city council meeting in the past to have a deaf esa turned on our protests. The school frequently revises the plan, and no one knows what they wiD come up with at the next meeting. The temporary buildings were supposed to be removed by August 2008. That all didn't happen. Under the protest of many of the long time Colleyvilk residents that lived on Wayne Street, they were begrudgingly coerced into selling their property and moving somewhere else. Now, the school is planning to put lights on the football field. That will be great to enjoy in our backyards in the evening when it looks like daylight. The football field is now where the second addition of a school building was supposed to have been. Again, yet another change. Their plan is a moving target. How could anyone ever know what the final plan will look like? I know that Colkyville looks to this ixoperty as a large tax base, however, this is a and has always been a residential area until the "Big Bad Gorilk" moved in and what choice does anyone have but to live here with a Bad Taste in our mouth. Talk about a bad neighbor! They moved in a quietly embeddod themselves in the community and then started to expand without any consideration of the surrounding property other than to force out its long term residents. The Northwest end of the football field looked like a garbage dump with all of the trash that was tossed in that area. This was shown in a slide show presentation at one of the council meetings and just fell on deaf ears. Please do what you know is right and doa't reduce our property values and serenity by Allowing a zoning change. Sincerely, a ~ Rebecca and J uns 3805 Fox Hollow Bedford, TX 76021-2i 10 Copy: City of Bedford RECE~`wED JUt_ 1 4 2009 Per .,.,.....~,... x ~•• Letters of Opposition -Bedford Residents DATE: J u J~ S ~h ,~ o o q COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8t Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST TAE Zt?NING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, 3 to (Property J~2RY c, ~v,vsr-ona Pri®ted Nae~e Property Address: 3 S~ d S Fo X I~! O ~- L o w p Q! v ter" RECEIVED JUL 1 4 2009 Per ............. Printed lrsose Letters of Opposition -Bedford Residents Judy Perry 913 Brest©1 Couurt East Bedford, TX 76021 July 10, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 dear sir Our property is next to Wayne Street in Bedford. We are quite concerned about the traffic, noise, and construction which would result if zoning case #ZC09-004 is approved by Ypt~r d&pdx~mPn~~ We respectfully request this zoning case be denied. Yours truly J y Perry cc City of Bedford RECEIVED JUL 1 4 2009 Per ............. Letters of Opposition -Bedford Residents DATE: ~-10' d~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #~ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P dt Z COMMISSION: AFTER RECEMNG NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE I•LAN~ I WOULD LSE TO PROTE4T THE ZONING G'IIAI~tt~'J;iQ'I"Z lLAN !!tI'I~!'11911twd ~i'~t AMI'V'E ACED CASE. SINCERELY, ~i~irl3 r~t~a N~~~ Props~- A~ress: 9/?' c~~'~sx`r~/1 C'jr,~~/'.- ~~~~ ~~~ RECEIVED JUL 1 4 2009 Per ............. Letters of Opposition -Bedford Residents 917 8resro! Cr. 'West &dfad. Texas X6021 ,Ra. ar~zai.o¢sr Evifv~a~rdaeaolcom ofi~fax. aasz~.osa9 July 10, 2009 Community Deleopment Dept. City of Colieyviile - 200 Main St. Re: Zoning Case No. ZC09-004 As Bedford residents who will be directly affected by this plan, we are writing to express our concerns with the re-zoning and expansion proposal for athletic fields as submitted by Colleyviile's Christian Covenant Academy School . We live on Brestol Ct. W. in Bedford and the property involved/owned by the school is just over our back fence. We have been kept abreast of meetings by the CCA neighbors association since the beginning of the announced proposal by the school. We are and always have been opposed to this proposed athletic field for many reasons including bss of value of our home and property... and, especially now in learning that the latest proposal plan we received inducted the use of stadium lights which we had been told previously would not be used. Please note that even when this school has an outdoor event, which we assume may be a field day or other daytime function, the use of their PA system in making announcements beginning in the early morning hours on a weekday is very loud and annoying. This is not to mention how the use of fields for weekend and evening games would compound the problem, especially coupled with the use of stadium lights and kwd speaker systems. In additwn, we also are concerned with the increased traffic on Wayne Ct. which crosses Brestol Ct. for those driving to attend these games or activities. As Bedford residents - we hope you will also make note of our concerns before approving the request of the school for this re-zoning and expansion. Thank you so much for your attention in this matter. Sincerely, .~/.r.~t-~f~ ~~ Wanda "Bobby Hawkins ~,~F F,~ U 2 ~J S~ ~ ' ~~,_.~ RECEIVED www.cotmidckks.or~ JUL X 4 2009 f Per ............. Letters of Opposition -Bedford Residents July 9.2009 Bill & Catherine Clayton 3816 Oxford Ct. Bedford, TX 76021 COMMUNITY DEVELOPMENT DEPT. CITY OF COLLEYVILLE 100 Main St. Colleyville, TX 76034 Dear Friends: My family and I have lived, as neighbors, in genuine peace with those in and of Covenant Christian Academy, for many years. As a matter of fact, I have several friends on the faculty there. Furthermore, I am a genuine friend of private education. Thus, my family has absolutely NO animosity toward the school nor its people. However, as a neighbor living within a "stones throw"-less than a full city block--of the campus we hereby oppose and do protest the academy's planned expansion. The noise, traffic, and huge lights will not lend toward the peace and quiet we have enjoyed since the beginning of this area. Quite to the contrary, we anticipate a profound disruption of the historical peace and quite should the planned expansion be approved. By this letter we sincerely trust you will deny the planned request for expansion by Covenant Christian Academy. Sincerely ~~ Bill dt Catheri Clayton ~~ RECEIVED JUL 1 4 2009 Per ............. Letters of Opposition -Bedford Residents DATE: `~ I ~ ~ d ~I COI~4MUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE *ZC89-AA4 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACKED SITE PLAN, I WOULD LIKE TO PROTE4T THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, 3iiSnstnre (Property Owner) Priated Na®e Sipatnre (Property Owner) Printed Nsme Property Address:.--~~' ~v ~l f~ ~C.f~i ~- ~-~` RECEIVED JUL 1 4 2009 Per ............. Letters of Opposition -Bedford Residents DATE: (~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTEI} BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8c Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, Si afore (Props ner) ~~ ~~ Printed me Property Address ~ t3 ~ I ~ U [mil ~d 2.-- u ~:~ :~;, JUL Q 8 2009 ;;n. ~- ~~.e (.e l . 2.-~,~.., Printed Name r"•, Letters of Opposition -Bedford Residents Lewis and Joan Bass 901 Brestol Court West Bedford, Texas 7601 Community Development Department City of CoNeyville 100 Main Street Colleyvilie, Tx. 76034 Re: Zoning Case Number: ZCO4-004 Application: Keith Squires location: 715,901,909 Cheek Sparger Rd. and 3805, 3809 and 3815 Wayne Drive Property Description: Lots 1-4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition Present Zoning: R40-Single Family Residential and PUDC-Planned Unit Development Commercial Requested Zoning: PUDC-Planned Unit Development Commercial Please note that we object to this rezoning of property. This is for the follaiving reasons: Wayne Drive has already become a problem. The traffic is horrible when the school begins and when it lets out. We arc elderly, our son has MS and legally bNnd, Mr. Bass is an amputee and has just completed radlatbn and chemotherapy for cancer. We value our quiet neighborhood. Children are noisy and should have that right, but not at the expense of others. 1 can imagine what Wayne Drive will become wtth the addition of the school. We are not the only elderly people on l3resto! Court West. This school wiH back upon four other residences that are older people. Have some consideration for the elderly. We have worked aN our lives for what we have and should be able to enjoy the fruits of our labor in peace. Please reconsider the rezoning of this area. Why not build towxd Brown Trail where there is comrrrercial property now and would not interfere with residential property. We have the right to enjoy our twilight years. R~DEIV~D •~ 3UL 0 6 2009 it ~. Letters of Opposition -Bedford Residents DATE: 7- ~ ' Q COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC89-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEIKSPA,RGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8t Z COMMISSION: AFTER RECEMNG NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST' TAE TAIVING CHANGE/SITE PLAN PROPOSED 1N THE ABOVE REFERENCED CASE. SINCERELY, Sigosttare paCrtynU/wr ) Printed Na®e Sigashre (R'ape1'tY O~rner) Priated Nsme Property Address: ~~d oG ~ ~n f It1(J ~ed did, ~. 76Dz/ ..~ :~ JUL A~ ~ 2009 ~ Page 1 of 1 Letters of Opposition -Bedford Residents Amy Shelley From: Ron Ruthven Sent: Friday, July 10, 200911:29 AM To: Amy Shelley Subject: FW: Written Protest to ZC09-004 From: Erin Burchfield Serrt: Friday, July 10, X009 11:16 AM To: Ron Ruthven; bsyblon~d.bedford.tx.us Subject: Wrttten Protest to ZC09-004 Dear Ivlr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, Z, 3 and 4, 81ock 3, Southgate Addition and Lots 1 and 2, Coileyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Spuger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. This is my written protest to ZC09-004 I would like to point out that the exit routes through Bedford residential streets will adversely impact Harwood Terrace addition property values. In addition, the increased traffic will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Erin Burchfield 3640 Spring Grove Bedford, TX 76021 DaVitu Imo. ?/10/2009 ~ Page 1 of 1 Letters of Opposition -Bedford Residents Amy Shelley From: Ron Ruthven sent: Friday, July 10, 2009 7:38 AM To: Amy Shelley Subject: FW: Protest of ZC09-004 From: scarlett burchfieJd Sent: Thursday, July 09, 2009 11:27 PM To: Ron Rutfiven Cc: bsybion~d.bedford.tx.us S'ub,~ecx: Protest of ZC09-004 RE: ZC09-004 Dear Mr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots l and Z, Coileyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. This is my written protest _to ZC~9-004 I would like to point out that the exit routes through Bedford residential streets wilt adversely impact Harwood Terrace addition property values. In addition, the increased traffic will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Scarlett Burchfield, MLS, AHIP 3640 Spring Grove Bedford, TX 76021 7/10/2009 ~ ~ Page 1 of 1 Letters of Opposition -Bedford Residents Amy SheNey From: Ron Ruthven Sent: Friday, July 10, 2009 7:39 AM To: Amy Shelley Subject: FW: Written protest to ZC09-004 From: Peggy McDonald Sent: Thursday, July 09, 2009 11:52 PM To: Ron Ruthven Cc: bsyblon~ci.bedford.tx.us Subject: Wrltt~en pn~test to ZC09-004 Dear Mr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40.Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. Thin is rgy_written_proteat to ZC09-404 1 would like to point out that the exit routes through Bedford residential streets wil! adversely impact Bedford property values. In addition, the increased traffic will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Peggy McDonald 2205 Nottingham Bedford, TX 76021 7/10!2009 Letters of Opposition -Bedford Residents DATE:.~f.~~y ~ o'ZOt? Q COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-A04 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8t Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IlV THE ABOVE REFERENCED CASE. SINCERELY, ~~~~ Signature (Property OM-ner) Sham ~ ~ c,ICsdrt Printed Name Signature (Property Owner) Printed Name Property Address: ~ 813 t"~x o < <or,~ ~r . ,~m~. 'T~('1GOal ~'-a Letters of Opposition -Bedford Residents DATE: ~//0~~ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-0@4 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSFARGER RD AND 3$05, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P dt Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIFE TO PRO7'F.ST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, c Si~oatare (Property Ow-eer) e.E-~~. A. ~ra~. Prieted N:me Siianatare (Property Owner) Printed Name Property Address: ~3~ LS ~tC tf91~0 (,c~~ r! yL~ ~~~r~ ~7C ~?G~OZ / Letters of Opposition -Bedford Residents July 8, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville, T'X 76034 We protest the proposed zoning chan4Be for Z4wing Cu:c ~ZC04-Q04. John & Karen Baker 9l6 Brestol Court W Bedford, TX 76021 Letters of Opposition -Bedford Residents Community Development Department for the City of Colleyville, REF # ZC09-004 As a neighbor to Covenant Christian Academy my family is continually impacted by changes at this school. I live at the corner of Harwood Terrace and Wayne which means the increased traffic exiting the proposed expansion can come down Wayne Dr. and cut through Harwood Terrace as an alternate route instead of entering from and dispersing to Cheek-Sparger. 'This is a HUGE problem. Already there are increasing problems trying to exit my home in the morning due to the traffic, including buses coming down the road. I have had my fence and landscape numerously run into from traffic ignoring the speed limit and stop signs currently in place. I have filed police reports to the city of Bedford on occasion. Our neighborhood should not become a thoroughfare for the convenience of this school. With these new exit routes it will only get worse as people become more familiar with "our wonderful little shortcut." Already there have been days were the loud speakers from outdoor events at the school sound like they are in my back yard. Public events held on their expanded property will only increase the frequency of this issue. On top on it all now they are proposing four 70 foot tower stadium lights. All of our yards and homes to the south of this project will be encroached upon with light pollution. We have been good neighbors to Bedford Heights Elementary and have dealt with increased traffic during school times. We have done the same with the increased traffic on Cheek-Sparger due to Covenant Christian Academy. However bringing this into our neighborhood dsy aed might is simply not acceptable. There are many families who will not benefit from the increased traffic, noise and light intrusion being proposed. I respectfully hope you will respond to our concerns regarding REF # ZC09-004 Pat Haigler 929 Harwood Terr. Bedford Tx 76021 RECEIVED ~u~ 1 o zoos Per............. Letters of Opposition -Bedford Residents DATE: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE l 00 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901- AND 909 CHEEKSPA.RGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, ~~r~ ~~~~ Letter of Opposition -Bedford Residents Hurley Perry_ ~1 ~ Rreat.c~l ~aurt. fast. Bedford, TX 76021 July 10, 2009 Community Development Department ~.ity ca.f Calls}~ville 100 Main Street Colleyville, TX 76034 Dear Sir Our property is next to Wayne Street in Bedford. We are quite concerned about the traffic, noise, and construction which would result if zoning case #ZC09-004 is approved by yc~i~r ~Qp~.r~mPnt~ We respectfully request this zoning case be denied. Yours trul J ley erry cc City of Bedford RECEIVED JUL 1 7 2009 Statement of Planning Objectives ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA - COLLEYVILLE, TEXAS The property for which this proposed zoning is to occur is located at the southwest corner of Cheek Sparger Road and Wayne Drive. The overall 17.6734 acre piece of property is comprised of numerous individual lots zoned for both PUD-C and R-40 uses (see attached legal description). It is the intent of this zoning application to redact the current zoning for the property and rezone the property into one zoning classification (PUD-C) to be used primarily for church and educational use as described below: PERMITTED USES 1. Church and other uses associated with churches, such as worship activities, Sunday School, and church related educational purposes. 2. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and any accessory uses incidental and secondary to the allowed principal uses. STATEMENT OF PLANNING OBJECTIVES Covenant Christian Academy is a highly respected educational institute serving students in and around Colleyville since 1972. The objective of this PUD-C request is to move forward improving the Physical Plant so as to better serve the students and faculty within our school with improvements in our academic, athletic and recreational facilities. Grade school classrooms are planned with the appropriate recreational areas appropriate to grade levels. Athletic field improvements are also included to promote on campus training, practice and game facilities for our school teams as well as outreach opportunities for serving assorted local clubs and associations. Athletic field shall be lighted for nighttime use. Finally, a future high school building and an enclosed multi- purpose facility is planned as part of our long-term goals. Upon grant of the zoning change requested herein, it is anticipated that the main Property Owners (Covenant Christian Academy - "CCA") will immediately move forward with a replat request (the replat may proceed concurrent with zoning request). The existing PUD-C required the removal of the portable classroom buildings and the construction of permanent structures to house the students within a certain timeframe. Two of the portable buildings have already been removed in accordance with current PUD requirements. This request will incorporate that condition into our PUD-C. Construction of the three (3) grade school buildings will begin almost immediately (Phase 1). These initial improvements will provide classroom and administration space necessary to eliminate the existing portable classroom buildings. While those portable buildings are not on CCA-owned property and are located outside of the area of our PUD-C request, the removal of those buildings is herein represented as a condition of our request. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE I Realize that the proposed development of this property is planned to provide an improved learning atmosphere for the existing student base including a library, computer lab, dedicated art studio, music room, and science lab. The development is not intended to accommodate an influx of additional students in excess of the current enrollment. Per the Site Plan, the number of students that attend CCA is not expected to significantly increase upon project completion. Presbyterian Church in America -Colleyville, Texas ("Colleyville Presbyterian") was the entity that started CCA. The school became independent of the church in 1999. CCA has been in operation for many years and has been a good neighbor and citizen in the City of Colleyville. Numerous residents of the community have contributed vast amounts of time and monetary resources to further this private school. CCA owns the majority of the property along the west side of Wayne Drive with the exception of Lots 1 and Lot 5 (Southgate Addition, Block 3). Lot 1 is currently under contract to CCA and is apart of this PUD. The original 10 acre portion of CCA property was purchased with the anticipation of the construction of school facilities on the Properly. This zoning change is necessitated as a result of the City's zoning ordinance which does not allow additional construction of educational facilities on the CCA property without approving a new PD Development. The City's zoning ordinance was instituted just after the original property was purchased. The use of the Property has long been planned and has been existent for a number of years. The requested change is therefore consistent with the existing use of the Property. Conversion of the existing Property of CCA into its proposed use is logical and does not take other commercial property of the City out of use for retail and other higher commercial uses as desired by the City of Colleyville. City of Bedford residential neighborhoods are located to the west and south of this development. The athletic field and treed area on the southern portion of the property (trees to remain) serve as a buffer to these residential areas and are certainly compatible with adjoining uses. The existing athletic field will remain in approximately the same location, thus having little additional effect on the neighbors in Bedford. These same areas will also easily satisfy any requirements for open space with might be associated with this zoning request. The area east of Wayne Drive, across the street from this Property, is comprised of vacant land zoned for Agricultural use and two remaining residential homes (zoned R-40). The Saddlebrook Subdivision is located north of this property across Cheek Sparger Road (zoned PUD-R). Prior zoning changes (PUD's) on this property attempted to satisfy CCA requirements, but contained numerous concessions requested by adjoining property owners. Since the most recent PUD-C, CCA has acquired additional properties along Wayne Drive, thus eliminating all but one of the prior adjacent property owners. This PUD-C addresses the rezoning of the recently acquired and original CCA and Colleyville Presbyterian property as well as those that are to be acquired (Lot 1). DEVELOPMENT SCHEDULE The stages and phases of development are planned as follows: ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 2 Phase 1 - Grade School Construction (begin immediately and finish in approximately 15 months) Phase 2 - Multi-Purpose Facility Construction (no completion date established) Phase 3 - Athletic Field (no completion date established) Phase 4 - High School (no completion date established) * Realize that much of the timing of construction will be dependent on fund raising activities. The Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT OF PROPOSED OWNERSHIP The ownership of the Property will not change other than the fact that Lot 1 is expected to be acquired by CCA contingent upon zoning approval. STATEMENT OF UTILITIES/INFRASTRUCTURE TO BE PROVIDED All major utilities, water, sewer and drainage are either already on or immediately adjacent to all of the Property. The attached preliminary engineering drawings detail the proposed water, sewer and drainage infrastructure that will be constructed to accommodate the proposed development of this property. Required easements for all utilities around and on the Site either already exist or will be provided by Plat or separate instrument as necessary. Regarding roadway infrastructure, CCA intends to improve Wayne Drive for its entire length up to just south of the first driveway entrance (approximately 625 Linear feet). This will be a City regulation street (30' f-f width) with 4' standard sidewalk along the west parkway. Based on conversations with City Staff, we realize that we would be required to construct our half of the required 30' City street section for our entire frontage along Wayne Drive (or pay perimeter street fees). What we have proposed is 625 feet of the full street section while our frontage is only 1,100 feet. Recent improvements to Cheek Sparger Road have already been made by CCA as required by the earlier PUD-C. IMPACT FEES: Granting of this request will not introduce additional students to this location. The classrooms in Phase 1 will replace the existing classrooms currently located in the Portable Buildings. No net increase in impact will be felt from these improvements as we are simply relocating existing students into the new, larger classroom and appropriate educational spaces. By this application we are requesting following consideration and adjustment on the applicable impact fees: ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 3 1) Roadway Impact and Perimeter Street Fees: Full impact fee credit allowed for the amount of road way improvement both to Wayne Drive as illustrated in this request as well as the previous substantial improvements along Cheeksparger Drive. We request that the required street and sidewalk construction be limited to what is shown on our Site/Concept Plan and related engineering plans. 2) Parkland Dedication Fees (if any apply): Full impact fee credit shall be allowed for the playground/recreational areas and the athletic field improvements contained within this request. 3) Water and Sanitary Sewer (Builder) Impact Fees: Full impact fee credit shall be allowed for the installation of the new 8" water line along the full length of property along Wayne Drive. This water line is replacing an existing 2" water line. Again, the impact from the introduction of these new classroom buildings will be totally offset by the elimination of the impact now present with the portable classroom buildings to be removed from site. 4) Tree Mitigation Fees: Full tree mitigation fee credit shall be allowed mainly due to the effort taken to preserve the majority of the existing trees located at the southwest corner of the properly. Over 90% of the existing trees on the overall property are to be retained. This instrument is attached to an incorporated into the zoning application signed by the Property Owners and their representative. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 4 Conceptual Site Plan ~~ ~~ ~~ ~ g~ ,~ ~ ~ ~~~~ p~YYY~ •~~~ ---_ ~q~ i ------~ ~_____ ~----- I i ~----- ____ ~~ ~_____ --ice ~.~ . ~ ~~ a ~~~~ a z ~ ~~~ ~ ~ ~~ s~® 'A' ~~~~ a~~~ ~ ~ ~~~ ~~______ ~~~ F ~<~.. ~ ~~ ~~~ m ~ r j ~~~~ ~~~~~ ~~"~~ ------- i ~§~ ~.~. ~ ~ ~~ ~ ~~~ ~______ ~~~ ~<,a ~~ ~_____ ~~~ ~~~~ i ~~~~ rsunamg tievations ~~ -, =-~ _ -~-+ ,i ./~ .~ .w ©L' Bleacher Details ~ ~' ~'` " .~, ~~ ri5 ~~ ~~~~~ ~ ~ l+ #, , ~ ,~ ' ~, ~ ~ ~ f ~ ~~~ +~~€i s ~ !f i ~~ N A - ~ T ~ pp7 1 r . 2~`^ o _ ~~~e~ i .~ rq ~ i-s~N d ~ ~E ~~e ~g ~~ ~ ~~ U ~ s ~ EF ~~ a nr _ a _ r ~} O - ~ i E"" ~~~ r rn D n 2 rn ~v rn _n T_ n D O ,Z V , R~~tA ~~.~~~ .~ ~ : '~3 r'r - ~~~ ~ , ~~~ ,. ', ~w. +, R~ ~~ ~; yE~ k y~ q€ T R~~ ~-~~ ;~ ~~ ~ ~~E ~~ .~.~a ~~~~ ~ ~, .~ ._.. ~.J ~~ ~_,.~. pRS QC d~ ~, zr~, ~~ ; .t ~! ~ , ORDINANCE 0-99-1139 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 14.79 ACRES OUT OF THE A. CHRISTIAN SURVEY, ABSTRACT 339, TRACT 4, 4A2, AND 4A, AND LOT 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION OF THE CITY OF COLLEYVILLE, TEXAS, FROM THE AG (AGRICULTURAL) DISTRICT WITH SPECIAL USE PERMIT FOR PRIMARY AND SECONDARY SCHOOLS AND R-40 SINGLE FAMILY RESIDENTIAL DISTRICT TO PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL); PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by John Lynch, agent for Presbyterian Church in America, on November 13, 1998 under Case No. Z- 98-047; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in CoNeyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, the Planning and Zoning Commission and the City Counal have determined that the proposed planned unit development as presented herein is consistent with the goals and objectives of the Master Plan of the City of Colleyville, Texas; and, WHEREAS, public hearings to change the zoning on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinatxe and is in the best interest of the citizens of the City of CoNeyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the Cityy of Colleyville, Texas, and the accompanying Zoning Map (as indicated on Exhibit A) are hereby Ordinance 0-99-1139 Page 2~ot 10 amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds on the attached Exhibit B, by changing the zoning of said property from Agricultural with a Special Use Permit and R-40 Single Family Residential to PUD-C (Planned Unit Development -Commercial) together with all site plans which are conceptual in nature, supporting documents, and other condfions and restrictions imposed and approved by the City Council which are incorporated herein by reference including, but not Nmited to the conceptual site plan which is attached as Exhibit C to this ordinance and the statement of planning ob)ectives which is attached as Exhibit D to this ordinance. A combination landscaping and durable non-wooden fence similar to that shown on Exhibit E shah be constructed adjacent to the comrrron property line between this planned unit devebpment and the residential property to the east where indicated on the attached site plan Exhibit C. Sec. 2. THAT the zoning regulations of the City of Colieyville shall remain applicable to this development except where specifically provided for in this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of 1999. T e second reading and public hearing being conducted on the !q~ day of ~Q 1999. ST: CITY OF COLLEYVtLLE Q`~it~./ i Harris, CMC ichard ewton Secretary Mayor Orda~ance 0-99-1139 Page 3.of 10 APPROVED AS TO FORM AND ~---~ Ross T. Foste City Attorney N • A r 1f .N p ~ • • N f • • • 7 • / Y • 1 • • • • • ~ ~ • • • * ~ * N w N w N NI A / • w ~ 1 N • t f If all N i1 w f • N a~iZ • • N N q s 1 • s • • • s • i • • ~ r• r f~ • » w..•Ira1••w~+wa••salaH^u^slw.•sa~.s•rau~ ww.e. N N na ~~ / N 1 • • ,. ~ ~~ a w ws ass s s s a s s s• ~ • s s ; 1 sett • w w• w Na! s s a s • ~ ~~+1• 1 w s a ! /• ~~ • ~ _~ _ • . w a w. w a. ! • • r 3~ •' ~~ • t a • • Ii • r ` j/ s a 'f ~J a ~Z • a a • w N w .• • s • w • A ' • M 1• t N M MI M ! • ~ ' » f w • YN M • ! ~ ~ p • r 1 a i• f f N 1• •1 N M N~ • ar • f N t s• s s• s w ti N• N •i • ~~ • • o w • • • ~'j •Siw • s w w r• • f /, f• M w w • N w N a • w s a! * +• • • s• s • i a 7/ w • a •! ~ •~~ M ! ! • 1 w! ^~ w i ~>• ~ a a a •• s „ w•• 7 • w i!' S 7 • • . N • N N~ ~ ~ N • r • / .r • ~ • M / O t w M M w w S • • ~ N i ~ I • M • •M s w w a • . s s • s w • M N r f M » ~ N • Y • ! • • M w ' ' • • 1 1 ~• r • ' • • f w w s • « ' • ~ '' a •- • w •• • • • • • w • • N • a • N • • ~ • ! • 1• • N • f a f ^ s a f • s r • a • 1 . 1 'f • ~ f » w t ~. • N • N • r • NI • • • 1 • M • • • N • M • • / ~ 1 • • M ~ NAf • 1 • i • • • f M 1• q f ! f / 1 / • • ~i • ~~ ,~.~.~. ~~( f • • • ~• 1 1 f • • f • f • r N^ N M M 1 w It-AgR ~ / f ~ ~~~ r ~~ fs +~ ~ ~ _ _ • ~ COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA 115 CHEEK-SPARGER COLLEYVILLE, TEXAS LEGAL DESCRIPTIQN Beira a trail of land situated in the A. Christian Survey, Abstract No. 339, Tarrant Canty, Teuras, and being more par5r~larty described fogows: Bepirmirtg at a point by deed c:aN being in the north {ire of said A. Christian Survey,1113 feet vrest of the rrorthsast comer, said poMt also by deed call being in the center line of Cheek Sperger Road; Thence South t39 depress 58 rnirxa6es 23 seconds East, abng said north line ofi A. Christian Survey and center line of C~hssk Sperger Road, 239.53 feet do a point, std pant being the nortnNSSt corner of a tract of Nirxl described in a dyed do Gary L .CaMr+eq, recorded in Volume 8198, Page 2006, Deed Rsow~ds Tarrant County Texas; Tt~ertce South ~ c~rees 58 minutes 23 seconds East, along tl~e north qne of said CaMreq lracd,108.17 feet to a point, said point being the northeast comer of said Cantr+eN trail; Thence South 1 degree 38 minutes 7 seconds East, along the easterly qne of said Cantrell tract, 354.9® feat to s po&>k said point being itte sotdtte~t comer of said Cantreq tract, said point also berg in tl1e west line of Lot 1, 8bclt 3, Saithp~e Additjort, an addition to the City of Copeyvige as shown on a pit recorded in Voltune 388-42, Pape 89, Plat Records Tarrant Comer Texas; Thence South 01 degree 38 mirxr0es West . a~ng VV~est line of 131ock 3, Sw~ft~aae Addition, 98970 f+at 1o a point, said point being the sou9rnrest comer of Lot 5, Block 3, of said Sa,thgate Addkion, said point also being in the notttt line of a tract descnbed in a deed to Northeast Construction Company, reoorcted in Vohune 6292, Page 1113, Deed Records Tan~t Counicy Teocas; Ther><'.s Nor' 88 degrees 11 mirxrtes 53 seconnda West. along acid north line of NorJ~east Cprshuctlon Company bast, 328.20 feet to a point, said point being the nortlywest comer of saki Nom Consbucdon Company meet, said poht also beirp kt the east Nne of Lot 22, Biodc 1, Northrntont, an addNion do tlhe City of Bedford as shown on a plat recorded ~ Vokrme 38&107. Pape 82, Plat Records Tarrant Canty Texas; Thsrlcs North no degrees 39 rNnutss 30 seconds Ea:t 1108.Od test bo a point. said point being the rtor~teaat corner of Camebt Fatales, an addi~ort bo the Clly of Bed(or'd as shown on a plat recorded in Vokne 388-112, Page 52, Plat Records Tenant County; Thence North ~ degrees 28 mhwtes no sec~rrds West 839.29 feet abng the northerly tine of said Camelot Estates; Thence North 1 degree 30 mhtutaes 30 seccrxis East 228.41 feet; Ther-ce South 89 degrees 24 minutes 55 seconds Fist 839.27 feet tp the PoirX of flagirtnir~ and oontait~tg 14.79 as-~1sst Exhq~ Nt3" W as S X N M 8 ~ i~ E ~' ~ :1 1 ~ i - ~. ~~ ~ ~ ;~ ~" _'-~ r ~i ' ~ uww ~ -- i ' ,' ~ ~ 1 ~.~ :t ~ - ~. ux~. - - ~ -- i- li7 -~ -_ ~_ ____-- i ' ~ E E ~ ~ _. . r~~ ~~ I , ~k~ nii' ~ ! •~ ., ~~i~.~ ~ t '` ; ~.E IE iER ~i ~ N ;f ' {Er~ "' ~ ~~ E E i ~ • ~~ ~I~ ATE 4E[~ ~ ~~ ~~lli~~ ~re14 ~~ .~E ~i~ r [[~~[ fIF . ~ rEl~ ~ ~ ~1 I ~--- ~ , r R i R' 'It' I I ~ ~~ ~ E REi ~ ~ i ~ .R = r ~ ~~1 ss~f_. ~ Er~ ~ ~ ~~ E C p~ E '~~ ' f i' ,,~! 1 iit~~ i ~ R ~ Y~i~ 1 is ~..r~~ i~ { - ' ~ ~~ .i~ it ~~ ~ ~~~ i :f~f i~~ # ~;~ 1 ....... ~i !'i~ ii jrlJ i~: ~~1~~} ~~ ~ j j !~! ~~~~ ~~ ,~ {~ ~~, ~ ~~ ~,-1.1 ~,~ ~; II ~ ~ ~ ~f~ Eli ~t~~ ~~s ~r~ ~,, ~ 1 iii ~i~ ~~; s ;: iii ~; s ~' a iii jEtt Eii~ i t1~ ~ ~d :~ ~~ ~~~ !~~#I 1#:~ lily!! lip )~ ! l~ t 6RElr t ! x R t t x y x q R R R R R q ~~ ~ ', ~: ~ E ~ y ~ _~ t i i ~ .~ E ' EXHIBIT 'C' - 0-99-1139 r~ ~ ~~ ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CBOtLg17AN ACADEMY AND PRBSBy'TERIAN CHURCH IN AMERICA - COLLEYVII•LE, TEXAS Church and other uses aswaated with chrrrcJres, such as worship activities, Sunday School, and church related educational purposes. 2. private primary and secondary aclrool purposes. 3. Recreational and athletic proposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and any soceswry uses incidental sad secondary to the allowed principal uses. Uses not eocpressly permitted in the Permitted Uses stated above. Ups g~ ~~ ~oasrg chan®e requested herein, it u armed than the property Owaers wiI irrunediately move for repbttir~g of the Property to cooforna with the plan set forth a, the Site plan. The rmovstion of the edrtiag house for k~dergartea classrooms on the northeast coiner of the Site Plan wH cake ahrwat immodiatdy. After the ~ classrooms have been rarovated, students will be proved S~ont the Brown Trail s~lite ~ - of Cavawrt Clriatian Academy ("CCA") to thin l~k;ility and the off h ply wig ~ ~. The gymnatori<ua shows at the north erd of the Propa~y will be corratnrc~ed as soon as possible, bau~ed on the resuNs of 8und raising activities. Without liarit~g the right of the Amt to delay coastruc~ion opts a liner date, the Ap~icaat tropes to coe~ra~eirce ~ ~ pliaas tv~o aAer the Brat of the year irr t 999. It a also atrtiapated that with constnrcdoe of the oriuaa a portion of the c~ssroom g adj~rrt to the gyrrwtorium w~ be d and ooaapieted. 1lrcee ititid improv~errrerrts wiS provide Gough space to elaiinate the portable c~acoom buibings as the (~aircli Property which forms a portion of the Site Plan. Tn additive it is acted that upar completion of the ii>roal phase, the high school studprts wtdch are arrrerrt>l- housod m the First Baptist Church of Cofeyv~e lames ~ be moved atto the Site Pba property. The btu to the south a m the proposed basebag field w~ be constructed in a longer rsr~e phase. Without lissiting the right ~ the Appf~ard to oorrirrrencx aoast<rictiorr at a later date, it is heed that the cormtniction on the cattrrd portion of this homer phase buik4ag can be conrnaeaoed witldn two to tblee years. The latter phase - is amended to bathe middle school quad high school fici~ty fnr the A7TA~Crai1M TOIIR~C ZyOt~IO CHAN(rE AIM.IG11i0N Mod t 013 O-l1-11~! Erd~lt "D" carpus. The portions of that ihcility indicated for ~ and fine arts aro of a longer range, as wd u the separate wing wed for middle school. The atldetic on the Site PLn wiS be coasbrncted as soon as p~ble, but as indicated are not to have lighting for night play. Pr{eslnrterian Chrurat is Mrerica - CoHayviliey Texas ("Collayhlle Presbyterisn") is the actives force behind CCA CCA has been is c~eration f~ fifteen yarn or lor~v and ha been a good na~hbor and citinar of the City of Cdleyvr~e. Nwrrerow raidatts of the c~nunity have cowed vast amounts of time and awnetary rrao~u+oea to ii~rthar this private aclwol. The ten sae CCA portion of the Property was purchased sevmal' yarn ago, with the ar~ipation of the oarrtructiar of achooi ~cilitia as tla3 Iroperty. After the Property was purchased, the Csty changed its zoning ordinances which ao permits the conattuction of the educational facifitia on Chia Property, as it did when the Propt3rl)I was purchased: The aureat zoning ordinance permits educatioad in PUD-C and iP-~ categoricsil. zo~g which cormnercial or hire (but not in rdidentid). Thin chafage has neczsaitated the wbject Application. The use of the Property has IoAB boon pjannnod and has been eon°°.~ a mnnber of. gears. The requested change is theretbore coasster+t with the eonistinq~ use of the Pr~opiecty. Conrversio~n of the existing Property of CCA into the ass for which h was pnrdased (sad fameriy permitted dS- prior zoning ordinance) is logical and does sot taloe other coamreccil prropa t~- of the City out of use~for retail and other lrigbar coammbrcial uses as desired by the Crty. CCA has held public meetings and leer nnet with adjoining property owners in the Wayne Drive sad a~djoinigg area. The Site Phur sad this Application contain numerous con~sioaa requested by adjowng property owners in ceder to address their concerm. The building. setlacka, and location (towards the extreme of the Property) bas beers proposed in order to acjdrcss corroena with respect to adjoinldg reu~t~iai use. The rear tvw-thy of the Property has ban loll open for athletic purposes and is certairdy a~ with a~olaing uses. These athletic Sells any regcnirannarts far opm :pace which mrgbt be associated with this maing request. The stages and phases of development aro discussed above in the "Stateaoenn of Planning Objectives" aectioa. Becaouse amch of the tirniag of coaaruction wiU be fund raising acxivhies and earollsaeat grovrtl. issues, the Appkcsnt requests flat no speck dacdWres or time fames be agot;iatod with this Davebpmmnt Schedule. 'The o~wrra~ of the Property w~ not except as may be necessitated to mslce miens ac~usbtrarts to acooamwdate proposed buildiegs st the corrcnnon property 4ue between Colleyville Presbyterian and CCA Property. k ~tnid be noted thrnt CCA also awns bt three abag Wayne Drina, but lot three is omitted Pram this zoning application in order to address concerns Hired by the Wayne Drive Property Owners. srrticraaa+r ro ruac zoNara auras ~rnac~n~ r~ s or s O-ttl-11~+! c..6t~.Y ND11 AS mater utiStiea, water, severer and drainage are either already on or immediatdy adjacd~t to ap of the PropaRy. Exteasions and service Igres'wi~ be eo~taded ~ comeixion with the aoastructiori of bangs, as aecesaary. Adequate a~aemasts for al! utilitid around and on the Site either ak~ady es~ or will be included in the Plat of the Property. This imeswaant coedaining the Statearcrn of Planofing Objectives, Development Scheduler Shtement of Proposed Ownership and Statema~t of Utilities to be Provided is attached to and iawrponted Ito the inning application signed by the Property Owners and their represcMative. A7T/YCtMDIr TO !UD•C lO~ifliO C11MI(3E A/M.ICATION MflL 3 ~ 7 O~1-113! Exh~it "D" . ~ .. . ., _ ~.~ O ~N ~ ~„ w __ ~ D ~ o '~ ~ ~-~ ~. -- Q .~ - _ _ ~, il~ , ~ ~ o ~ ~- ~ U, ~ ~ - .- -.---... ~ .~ I _.. - .~.....~ r. ~ ~ .... . __~_ .._~ '...l... _ .,.r ` ~'~ -~ N -~-~--- a o •,e o-a-~~~ N~;N ORDINANCE 0-06-1602 ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE I~PREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, HERETOFORE AMENDED; BY AMENDING THE PUD-C DISTRICT CREATED ORDINANCE 0-99-1139, BY ESTABLISHING ADDITIONAL DEVELOPMENT EDITIONS AND APPROVING A REVISED CONCEPT DEVELOPMNENT PLAN; )VIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTNE RELIEF; )VIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE ~ TO EXCEED TWO THOUSAND DOLLARS (;2,000.00) FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE the City of Colleyville has received an application for rezoning under Case No. Z-06-028; and the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportat"wn, water, sewerage, schools, parks, and other public requirements; and the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, wi#h a view to conserving the value of buildings and encouraging the most appropria#e use of land throughout the City; and the Planning and Zon~g Corrunission of the City of ColleyviNe and the City of Colleyville City Counc~, in comp~ance with the Charter ~ the City of Col~yv6le, and State Law with reference to changes to zoning classifications under the Zoning Ordinarx~ Regulations and Zoning Map, having given the requisite no0ces by pub cation and othennrise, and after holding due hearings and affording a fuN and fair hearing to aN the Property owners generaNy, and to the persons interested and situated in .. _.. ...r~r~- ._. .... 1' Ordinance 0-06-1602 Page2of4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Concept Development Plan attached as Exhibit "A" of this ordinance hereby replaces and supersedes the Site Plan attached as Exhibit "A" of Resolution R-99-1458 and shah be used as a guide for the issuance of building permits for the proposed building improvements. Development of the site shall be generally consistent with the layout shown on the Concept Development Plan. The Building Official in considering a building permit application is hereby authorized to approve minor adjustments of a building bcation or bui~ing footprint, provided the intent of the Concept Development Plan is no# compromised or adjacent properties negatively impacted. Sec. 3. THAT the Planned Unit Development-Commercial (PUD-Cj district created by Ordinance 0-99-1139, amended by this ordinance, and the Concept Development Plan attached as Exhibit "A" of this ordinance are hereby subject to the following conditions: 1. The proposed building identified as Phase 2 on the Concept Development Plan may be either cone-story or a two-story building and shall not exceed 33,899 square feet of fbor area. 2. The existing art building, the teacf~r trader, and temporary classroom buildings J 8 H, along wi#h a maximum of three temporary storage containers may remain on the property for a per~d of iwo years from the approval date of this ordinance or until 30 days after a certificate of occupancy has been issued for any finished-out portion of the Phase 2 bii~ing, whichever occurs first. 3. The remaining portab~ bufidings F, G, K 8 L shah be removed no Eater than one year after the issue of the certificate of occupancy for the first floor of the Phase 2 binding and that the Concept Development Plan Exhibit "A" reflect the building line that was approved by the Planning and Zoning Commission. 4. As a condition to the issuance of the bidding permit for the Phase 2 building, a sobcd screening fence approximately eight feet in height shall be constructed along the western boundary where this PUD-C abuts Lots 19 through 26 0# the Camelot Estates Addition to the City of Bedford. There shag also be an open space buffer a minimum of 20 feet Ordinance 0-06-1602 Page 3 of 4 in width along the western boundary of this PUD-C. 5. As a condition to the issuance of the building permit for the Phase 2 building, there shall be planted a row of trees along the eastern boundary of this PUD-C where this PUD-C abuts Lots 2 through 4, Block 3 of the Southgate Addition to the City of CoNeyville. Said trees shall be a minimum of 3-inch caliper a# time of planting and be spaced not more than 30 feet on centers. Said trees may be planted on an adjacent lot owned by Covenant Christian Academy in lieu of planting on-site. There shall also be an open space buffer a minimum of 20 feet in width along the eastern boundary of this PUD-C. 8. As a condition to the issuance of a building permit for any portion of the Phase 2 builing, there shall be a 24-foot wide gated emergency access~fire lane across the northern portion of Lo# 4, Southgate Addition, which connects Wayne Drive with this PUD-C. 7. There shall be no traffic access (including roadways or parking lots) to the current CCA campus from adjoining properties along Wayne Drive. The existing emergency access easement shall not be utilized for regular traffic access, and shah be maintained in a manner to prevent regular use of or access to said easement by non-emergency traffic. Sec. 4. THAT prior to the issuance of a building permit for construction of the Phase 2 building, the following addi#ional conditions shall be satisfied: 1. Covenant Christian Academy shah submit and receive approval of a drainage study from the City Engineer and make any drainage improvements required of the drainage study in conjunction with the Phase 2 buikding and related site improvements. 2. A traffic impact analysis ("TIA") shah be required prior to the issuance of a Building Permit for the Phase 2 Building. The TIA shall be submitted to the City Counal for review and approva! of both the TIA and the required improvements (both on-si#e and off-site) shown necessary by the TIA. No Certificate of Occupancy wit! be issued for the Phase 2 Building until the required improvements are made by the applicant and approved by the City. 5. THAT the PUD-C shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of CoNeyviNe as heretofore amended, and as amended herein. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordmar~e shah be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the Cry of ColleyviNe, and upon conviction shah be punishable by a fine not to exceed the sum of Two Thousand Dollars (52,000.00) for each offense. Ordinance 0-06-1602 Page 4 of 4 Sec. 7. THAT if any sectron, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconsti#utional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to pemtit its proper development and in order to protect the public interest, com#ort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. IT IS SO ORDERED. first reading and public hearing being conducted on the / 9 ~ day of ~_e ~~~-» ~i~iEJ 2006. reading and public hearing _~~ 2007. TTEST: ~~ ynthia Singleton, TRMC Secretary being conducted on the ~ day of PROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kefly Mayor hew C. G. Boyle Attorney Concept Developm®nt Plan -Exhibit "A" ORDINANCE 0-09-1725 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-99-1139 AND O- 06-1602; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 17.7 ACRES ON LOT 1 AND 2, BLOCK 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION, AND LOTS 1, 2, 3 AND 4, BLOCK 3, SOUTHGATE ADDITION FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colteyville has received an application for rezoning under Case No. ZC09-004; and WHEREAS, Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-09-1725 Page 2 of 6 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 17.7 acres on Lots 1 and 2, Block 1, Colleyville Presbyterian Church Addition, and Lots 1, 2, 3 and 4, Block 3, Southgate Addition from the R40- single family residential zoning district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for church and private school uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-09-1725 Page 3 of 6 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may be issued until said plat is filed with the county clerk. 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. Church 2. Private elementary, secondary and high school not to exceed 600 students total. 3. Recreational and athletic uses incidental and accessory to the uses listed above. 4. BUILDINGS AND SITE PLAN APPROVAL a. The following buildings shall be allowed as described below and depicted on Exhibit "B": 1. Secondary School 46,000 square feet (existing) 2. Administration 6,000 square feet (existing) 3. Administration 6,000 square feet (phase 1) 4. Grade School 11,000 square feet (phase 1) 5. Grade School 11,000 square feet (phase 1) 6. Library 6,000 square feet (phase 2) 7. Multi-purpose 19,200 square feet (phase 2) 8. Athletic Field Seating for 200 people (phase 3) 9. High School 48,000 square feet (phase 4) b. Prior to construction, the high school and athletic field shown above, described as phase three and four construction in the Statement of Planning Objectives attached as Exhibit "C", shall require the approval of a detailed site plan and building elevations. The detailed site plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the Ordinance 0-09-1725 Page 4 of 6 recommendation of the Planning and Zoning Commission. c. All buildings constructed as part of this development shall be generally consistent with the building elevation designs, attached as Exhibit "D". 5. PORTABLE STRUCTURES a. All existing portable classroom structures on the subject properties shall be removed prior to the issuance of the certificate of occupancy for the buildings described as phase one construction in the Statement of Planning Objectives attached as Exhibit "C". If no building permit has been issued for said buildings as of September 1, 2010, all portable buildings shall be removed from the property no later than September 30, 2010. 6. PARKING a. A minimum of 200 parking spaces shall be provided as shown on Exhibit "B" upon construction of all phase one buildings proposed by this ordinance. b. An additional 30 parking spaces shall be provided as shown on Exhibit "B" prior to the completion of phase three construction. c. In order to ensure adequate parking is provided at all times, no athletic events involving competition with another school may occur during normal school hours. 7. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. b. There shall be no permanent lighting nor shall there be any nighttime illumination of any kind for the athletic field. 8. LANDSCAPING. BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 60 percent of open space. Ordinance 0-09-1725 Page 5 of 6 b. Prior to the issuance of the certificate of occupancy for each building, there shall be a minimum of one three (3) inch caliper tree planted per each 40 feet of frontage and one five (5) gallon shrub planted per each five (5) feet of frontage along Wayne Drive and Cheek Sparger Road. The species and planting specifications shall adhere to the requirements of the Land Development Code. c. A 20 foot landscape buffer shall be maintained along the western boundary of the development and along the boundary of Lot 5, Block 3, Southgate Addition. Additionally, the landscape buffers shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The required plantings shall be required in the buffer along the western property line prior to the completion of the athletic field and only adjacent to the stadium and any other existing buildings. The buffer along the boundary of Lot 5, Block 3, Southgate Addition shall be planted prior to the completion of the phase one construction. 9. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along Cheek Sparger Road prior to the issuance of the certificate of occupancy for the high school (phase four). b. A minimum four (4) foot sidewalk shall be constructed along Wayne Drive prior to the issuance of any certificate of occupancy. 10. FENCES AND SCREENING a. A minimum eight (8) foot wood fence with masonry columns placed every 20 feet shall be constructed along the western boundary of the development adjacent to Lots 19 through 26, Camelot Estates Addition located in the City of Bedford and along Lot 5, Block 3, Southgate Addition in Colleyville prior to the issuance of any certificate of occupancy. 11.OTHER a. The turf for the athletic field shall be allowed to be installed as part of the phase one construction. All other field improvements shall allowed only as part of the phase three construction. b. The bleachers for the athletic field shall meet the design and specifications shown in Exhibit "E". Ordinance 0-09-1725 Page 6 of 6 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shalt be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"-Site Plan Conceptual Sim Plan ~ ~~ ~ . ~I ~~ a~~ s ~ ~~ ~ . ~~ ~~ ~~~ ~ ~4 t~ ~~ ~ r ~~ ~ ~~~ s~~ EXHIBIT "C"- Statement of Planning Objectives ATTACHMENT TO 1'UD-C 7.oNIIYG CHANGE APlI.ICATION OF COVENANT CHRI~4TIAN ACADEMY AND CHURCH 1N AMERICA - COLLEYVILLE, TEXAS The property for which this pcoprneod aoniog is b occur u bated ~ the soutkweat coraar of Greek ltaad and Wayne Drive. The ovwall 17.6734 acre piece of property is comp:'isod c-f numaov: irdividud lob zaeed far both PtJi)-C and R-44 wes (see attached kpl desc~tion). It is dre i~t of this acntog appiicWoa b redact the current mdeg far the property and cewne the property bto one saodrg cton (PUD-C) t+o be used primarily for church and educatiaod ~ as deacn'bed bebw: 1. Church and other uses assoaaled with chfn~ches, arch a: woretgp activities, Sunday school, and church ntaled edua~iooal puspo.es. 2. Frlvate prnrsry and aeooedary school purposes. 3. ~ and attdetic purposes aaociated with uses 1. and 2. above. 4. Any combimktOn of the perasitted usw and arty accessory uses i~rciderrdd ad secondary to the albwed principal uses. Covenant Chrism Academy is a Eighty respocbd ed+~anal imtitute serving students in and aronerd Co1{eyvilk since 1979. The objecgvc of his 1'tJD-C trgvmt is to move forward impeoviog the l~hywad Plant so as b bolter serve the studeects acrd facuky within our school with impran+emenb ie< arr acade®ic, aNrietie and reaeaEional fieaiftia. tlrrade school claaeocens are piacared with the appropcbte eeoe~srltaod access appQaprists b grade levels. Athbtic field improvrmenb are also indudod b peasaole an campw trainwg, peaatioe and pmc fsaHtios for our school teaars as w~ ss oweeach opportunities far serving assorted bcal clubs and »soaiatiorr. Attrtelic fbld shall be ligt~ed for aigtr~ae use. Fioagy, a ticdus tciaool buiWiog sod acr eeclaaed multi- l facility is ptamed as Pact of our bnE-terat seeds. Arr~ct~rsrrr ~ro rim-c ~a~ro cxArtas Arrt,tc~-~ rACS t EXHIBIT "C"- Statement of Planning Objectives Continued R~eaiiae that the propcaa! devdope~ of this property is planned b provide an iarproved atmorphere for the existing student here indadirig a 6braey, lab, dediaaed art stud, nmaic room. and acieaee lab. The der+depmeat is not irgeoded to aocoemrodate ^< iaflmc of additional stadeds in excess of ffis eurroat emcdlenmt. student aaroH,aent has fluauatied beeween soo to just under 600 ovee me last sevea yeas. A st~daat ebroalme~ of 60o is de design population far whisk this l![JD-C ha been dedgaed ~. Presbylerdaa C~rch in America - Colkyville, Texa ("Cdlefv~k l!resbyieriaa'~ was the entity tkst started CCA. The ackotsl became indepa~deffi of tke ehrteek is 1991. CCA ha boea ~ Olfer11i0n for many yars and ha lied/ wood neighbor cad citixien i0 die City of Coseyvilk. Numauu: rosidenta of the oor have eo~ributed vat anca~ab of bare and rnoeetary resotn+ces to fwrther fkis privates sehooL CCA owos the arsjority of the property along the west side of wayae Dmre whh the exception of Lots 1 and Lot S t Ad~tion, Block 3~ Lot 1 s cureearly wrdw ooatract to CCA and is : put of this 1•UD. The origirai 10 acre portion of CCw property wa purchased with the aotieipation of dre boa of school facilities oa dre Propeety. Thb aoaina is neo~ed a a result of the City's ~g ordinaaoe which does not allow addstionr ooadrucKon of edueatioml facilities on the CCA property wit approving a new l!D Dmveiopeaat. The City's cooing or~msrce was instituted just aRer the original property was piaadtaad. The use of the Property has long been plarmod and ka bees exista~t for a mm~ber of yeas. The requestei chaye is tka~efore candsleet wig tie use of die troperty. Converdoa of the exist3og Property, of CCA into ib p+cpoaed we u bgical: cad doe= not take other caa~raercial property of the City out of use for retail and other 1sigAee corarea+eitl nsa a desiral by die City of Collsyville. City of He~oed rasideetial neighbor!-oods are locoed to tke west and south of this devdopraeeR. Tke adddtic fklci and treed area oa the south portion of the property (trees b remain) serve at a baffler to tlreae rssideatiai urea cad arc cerfa~iy eompa~ble with ac~oiaiag uses. Tke existing azblatic Sdd will rya ~ apprexhnalely 16s save toattbn~ tkus having ldlde additimd effoet oa the neig>lbixs in liledford. These sane areas wii! abo easily ssRisfy nay requireaaab Got open space with midst be aaocinled widt tkis aotdeg The era oat of Wayne Drive, seioa t!e street ~ this Yroputy, is oompr{sod of vacate Wd x®aed for AgriarlAsral use d two f raideatW koeae: (coned R-44j. The sddtebrook subdivisiea is located north of tics property across Cheek Sparger Road (coned PUD-R). Prior ~ (PUD'a) oa ibis properly glempted to sst~y CCA requbemats, but oor~tsirrad nrnaersus oonceaions requested by aijoiaiag property owaors. since the moat recant TtJU-C, CCA ha aoqu~ed additioad P".epe~s doeg Wayne Driver, bus elm dl but one of the peior a~aooat property owaera. Thin PIJD-C addeases t>se mooning of the taoasdy and origiad CCA and Coffeyville h+ebytodwn property as well as those dut are b be aoq~ared (I.ot f ). DEV~LiT 3CIfEDULE . AT'rAGD~+tT TO !~(JD-C ZONII~C3 CHANT3E AtM.IG~TiO~N lAtfE 2 EXHIBIT "C"- Statement of Planning Objectives Continued The and phases of development are plaruted as follows: Pbase l - t'srade School Constntctioa (begin imy and soish in X11- IS ) Phase 2 - Mnlii-1'tnpose Facility Coashvction (no oompietion dale established) Phase 3 - Athletic Field and Stadium (no completion date e:<ablisbed) Plisse 4 - High Sdtool (no cxlmptdion dale esdbtished) • Rcalize drat muds of the timing of conshvction will be depeedent ao fiord raising activities. The Applicant ngnests drat no apeciSc deadlatea a time fiarnae be associated with this Development Sche~tle. The ownership of the Property will not d>.nge other duet rite fact that Lot 1 is expected to be enquired by CCA corttiogeet upon approval. STATEMENT t>F iJ'['ILITIES/INE`RA,~TRUCTtJRE TO BE PROVIDED All mayor utilities, wator, sewer and drainage are either already an ar immediNdy a~aoeart to ad of the Property. The attached preliminary atginoeriog detail rite proposed wader, scwmr and dcairuge ~ drat will be oonstroated w accommodate rite pa~oposed develt of dais pcaperty. lGeal»iaed aaseaseats for all utilities aaramd and on the Site either ab eady exist a will be pecvided by Plat or separate iraramted as tteoes:ary. Regarding roadway ~ CCA intends to iasprove Wayne Drive for ib eattire length of 8»nts®e. The exiaatiaa~g asphalt rraadway wid be widsasd from the oesgerline to Ibe west to iiotnn 44 of the r®quired 31' B-B t~ty Street 9ect%a `lg odter waxd:, CCA will build a 1 S.S' street section along its side of the a Wsy>>s Drirs. A 4' sidasrralit wilt be eoatsoavcled along die wrest right-of-wsy of Wayne D~iv~s for bs afire leagW abng ~e CCA . CCA .~ also arttertain inMt a city-Davdsper Agraaemt to reeonstrttct Wayne Drive abog the entire school frodae flttaa hs aaaistiatg state to a fiall wlthl- 36' B-B sued section to allow on-scrod prking. CCA wurrid be wrilliag to coatribule rite fiord: for 1 S.S' width of rite rosdway while the City pick up rite cost fvr die realainhtg 20.5' widdt. Recut isapcovemeatts to Chsdc Sparger Road have ah~eady been made by CCA errs required b°y rite earlier PUD-C. IMPACT FEES: t Clraediog of this requeAt'wilt nvt idrvdaace adatidcraud studmb b this loeatiaa. The dassenaasts is Pbatse t wilt replace tbs exist daswsoam crosreetly bcsAsd in the Portable BuiW~gs. No net iatca+we ie impact wip >tc felt from these iaaatarsvasrenls at wrr AT?ACttl11!)Ni''t~0 PUDC ~i0t•(IIrO CHANGE Al~LdCATtON TA(3E 3 EXHIBIT "C"- Statement of Planning Objectives Continued .~ aieaply exi~iag studeerb ie~o dye new, ~ claaeeoomd aeyd ~ educational spaces. sr ~, w~ are eequestie,g fotlowieg consiaaatioey ~yd adju an the ~ face: 1) Roadway Iwp~ct and Penayetar Street Fees: Full impact fee credit slowed for dye aeeyo~mt of mad wry impeovemeat both to Wsyeye Drive m itheahated icy lhis request as weU as the p ~ ~i ~ Drive. We eaquast dart the eequiead street and ~dawaik ooeeahuctioa be }ienited to what is shovm on cur 9ite/Gonoept Pon and relsq+d e~fs-eerireg plans. 2) Parklcnd Dedication Fees: We eaydeesdmd dart Paridaed Dedication Fees do not apply b this devalopmeer<. 3) Watet and Saeitary Sewer (Builder) Impact Fes: Full ienpsat fee credit shsli be Mowed for dye insbrllstic+n of des new =" water lies along the dell Igeg~ of preypeety along Wayne Drive. 'T'his water line is repLeiq:n eriadiog 2" watw lieee. Agin, the impact faced the iaton of these naw ciasaeooan buildieyp wlU b totsily offiet by the elhtyieation of the yyow peasant wide the poslsbie classroom bt»k~gs ttr be rendovad from site. 4) Tree I~dgation Fees: Full tree mitigation fee ce+edit shall be allowrod maialy clue to fire effort taten b preserve the majority of the eytiating tree:loeatesd at the soeytlyvsseat comor of des peopeety. Over 90X of the aristit>$ trees on the oveesll propeety are b be eetaieyed. This imabneeyant is attached to as incorporated iey0o dye mnini appiicatioa signed b7'the Peoperty Oweasrs and their representative. ATTAC}IINEKI''t+o t!IJDC 7ANIN[3 CHr-te~ APPt,ICATtAx r~ ~ Building Elevations /r, ~~ ~, /' / /// ,, ,. ;,, ,' r, ~ ~~ `\\~ ;~ ,, ~~~ a;~ ,~ ..~ _. ~, ~~. ~. _._.~ _~_. ~~ I s ~'~`~'` ~,~ ~ l ~ ~~, ,. ~~ _ _I ., ,_~_.J ,_,.,4. ~, ~!~ _~ i f, </ , -~/ ~ ~~ . I ~~ ~a ~1 ^\ +1 ^~/ r~ . ~~I V O ~~ •~o U Bleacher Details ~ ~ ~~~ ~ } .; . e' ~ s P ~~~ ~~~ •~4fr A~9 ~a4$~ a e ~~` ; C: ~. i Rfi~lR R ~~~~~ r-Q ~ ~ R~ ~ ~R ~~ .r _ a ,. k _~ ~M ~ 1 ~,~~ ~~~ r D n 2 rn /~ m C~ T_ n D O z ~~ ~ ca ~« h.' ~ ~, ~.~: ~ ti~ ~ r:. i~ ~, Y `~ Me.. ~ ~Z,, -~ ; s ' ~ _ ~~ * ~ :~ ~ ' =` .:. - :~; M - ~t- i ~ _ e ~ « ~, ~ t CV ~ ~~ a "' ~ ~;a 4 a~ ~~ ~: ~~ ~€ Rai ~-~~ ;~ ~ ~, ~g~ ~: a~~ ~s~~a ~ g~ ~~¢~ }~ ~~ a ~'~ a. -~ xkEl _ -+ ~~ CIA ° ~ ' ~\~~ ~ ~$. -- _, ,~ ~.~ f AF9 ¢~ _ ~ a~ ~~' ~" City Hall ~~ _ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 *~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3118 File Number: R-09-3118 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 08/04/2009 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Portion of the Supplemental Sidewalk Map Resolution R-09-3118 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council 1 08/04/2009 City Council Title Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 Explanation Update City Council voted to continue this item to the August 4, 2009 meeting. Reading and Public Hearing Eric and Jana Schultz, applicants and property owners, are requesting an appeal regarding the denial to have the sidewalk escrow refunded. Per the requirements of Ordinance 0-09-1712, the objection to the ordinance received regarding a refund for the sidewalk escrow for the property referenced above was not approved. The decision was made by City staff pursuant to Section 9.12(F) 9 ii, of the Colleyville Land Development Code, which states the following regarding rights relative to the escrowed funds: "ii. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of City of Colleyville Page 1 Printed on 7/Y7izouy Agenda Briefing Continued (R-09-3118) Community Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used for future sidewalk construction on that lot or in that sidewalk district. " The determination made by City staff was based strictly upon the recommendations of the Supplemental Sidewalk System Map. For example, if the map recommends that no sidewalk be built along a street, it was determined that the property owner of the parcel along said street be issued a refund of existing escrowed sidewalk funds. However, if the map recommends the option of escrow .payment in lieu of construction or that a new sidewalk must be built, it was determined that any existing sidewalk escrows should remain in place to be utilized for future sidewalk construction within the neighborhood district. District Neighborhood. If City Council denies the refund, the escrow will be available for any future sidewalks or trails located within District Neighborhood Number 6. Financial Impact It has been determined that the financial impact would be a refund of $1,960.00. Recommendation Denial City of Colleyville Page 2 Printed on 7/27/2009 Location Map Applicant's Request June 8th, 2009 City of Colleyville Community Development Department ATTIV: Sidewalk Escrows 100 Main St Colleyville, TX 76034 To Whom It May Concern: On May 28n', I received a denial letter for recouping my sidewalk escrow monies, and would like this document to serve as an appeal letter. About 8 years ago, I purchased the lot located at 1801 Prince Meadow Dr Colleyville, TX 76034. Upon completion of my home, I paid to have the sidewalk in front of my house constructed and escrowed monies for a potential, future sidewalk adjacent to my property (at the entrance of the neiyhborhood, beyond my property line). At the time, I felt very strongly that I shouldn't be responsible for paying to have a sidewalk built, which was at the entrance of the neighborhood, and not on my property. Today, I am more strongly against my escrowed funds potentially being utilized to fund other sidewalks in the community. After 8 years and ample time to construct the adjacent sidewalk, I am requesting a full refund of the escrowed monies. Sincerely, ~.~__ ~ ,_~ ~ >r C.. ~. w.. E & Jana Schultz 1801 Prince Meadow Dr Colleyville, TX 76034 HM (817) 424-1834 Celt (214) 552-8317 W z 3 w o " _ " u O ~ O N ~ ~ ~ ~ O ~ ~ 03 ~.., O ,. Z' ~ ~. ~ . o ~ Z o ~ U :~ ~_ ~ 0 Z ~ . Z N O U p ~ ~ W ~ O L vv i O ' . ~ ~ R' W d' Z .~ ''^^ V J ~~ Z . ~ ^' W 0 U Portion of the Supplemental Sidewalk Map ,,.. - 1 ? i ~ ~ € -. ~ ..,.,....,... ~ ...., Q P ., ~~ m , ~~ r ~} ~~ ~Y~ ! 1 1 4r,. n . ~,,. !, ~a ~IIC~ Required Sidewalks {between 4' 8~ 6' in Width} Existing and Proposed Trails (Between 8' 8 12' in Wi #~ Cottonbelt Trail {1d' Walk connect Grapevine and Hu -Private Walking Paths {May be any size} Sidewalks NOT Required Escrow Optron for Sidewalk # Municipal Locations ~~ Parks Schools `- ~'~~., Water F~eatur+~s City Limit Railrtrad RESOLUTION R-09-3118 A RESOLUTION APPROVING A REQUEST FOR A REFUND OF THE SIDEWALK ESCROW FEES FOR LOT 1, BLOCK E OF CASCADES AT TIMARRON ADDITION IN THE AMOUNT OF $1,960.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a refund in the amount of $1,960.00 is hereby granted to Eric and Jana Schultz of 1801 Prince Meadow in the City of Colleyville. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF ATTEST: AYES, NAYS AND ABSTENTIONS ON 2009. Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~~ • w ,~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 ~.x~k Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1716 File Number: 0-09-1716 File Type: Ordinance Status: Tabled Version: 1 Agenda Date: 08/04/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 8a Final Action: Secretary File Name: Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent trafFc congestion at rail crossings Attachments: Certification of Petition to Initiate Legislation.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 12, 2009.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 27, 2009.pdf Ordinance 0-09-1716.pdf Ordinance 0-09-1716B.pdf Ordinance 0-09-1716C.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council 1 06/16/2009 City Council 1 07/07/2009 City Council 1 07/21/2009 City Council 1 08/04/2009 City Council Title Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Explanation Update August 4, 2009 There was no action taken by City Council on July 21, 2009. Update July 21, 2009 There was no action taken by the City Council on July 7, 2009. Update July 7, 2009 There was no action taken by the City Council on June 16, 2009. City of Colleyville Page 1 Printed on 7/30/2009 Agenda Briefing Continued (0-09-1716) Update June 16, 2009 During the June 2, 2009 City Council meeting, two citizens spoke in favor and two citizens spoke in opposition to the proposed ordinance. The City Council tabled the proposed ordinance. Update June 2, 2009 Mr. Christopher Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted a third Ordinance 0-09-1716C to the City Attorney. The third ordinance is included for City Council consideration, as well as the original and second Ordinance 0-09-17166. Correspondence between the City Attorney and Mr. Whitaker regarding Ordinance 0-09-1716C is attached. During the May 19, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen spoke in opposition to the proposed ordinance. Second Reading and Public Hearing During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen registered support of the proposed ordinance. Mr. Christopher Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted an additional ordinance to the City Attorney. The additional ordinance is included for City Council consideration, as well as the original ordinance. Correspondence between the City Attorney and Mr. Whitaker regarding the additional ordinance is attached. First Reading and Public Hearing On April 21, 2009, a citizen petition for an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion, was filed with the City Secretary. In accordance with the City Charter, within ten (70) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. At the next regular City Council meeting after the filing of such a petition, the person pen`orming the dufies of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, fhe City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, wifhout alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the City of Colleyville Page 2 Printed on 7/26/2009 Agenda Briefing Continued (0-09-1716) proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Colleyville Page 3 Printed on 7/26/2009 ,Vn .y _. ~~ its ~~ ~~,.~+ City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-09-1716 File Number: 0-09-1716 Version: 1 File Type: Ordinance Agenda Date: 07/21/2009 Status: Tabled Controlling Body: City Council Requester: Office of the City Agenda No.: 8a Final Action: Secretary File Name: Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Attachments: Certification of Petition to Initiate Legislation.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 12, 2009.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 27, 2009.pdf Ordinance 0-09-1716.pdf Ordinance 0-09-17166.pdf Ordinance 0-09-1716C.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council 1 06/16/2009 City Council 1 07/07/2009 City Council 1 07/21/2009 City Council Title Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Explanation Update July 21, 2009 There was no action taken by the City Council on July 7, 2009. Update July 7, 2009 There was no action taken by the City Council on June 16, 2009. Update June 76, 2009 During the June 2, 2009 City Council meeting, two citizens spoke in favor and two citizens spoke in opposition to the proposed ordinance. City of Colleyville page ! Printed on 7/17/2009 Agenda Briefing Continued (0-09-1716) The City Council tabled the proposed ordinance. Update June 2, 2009 Mr. Christopher Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted a third Ordinance 0-09-1716C to the City Attorney. The third ordinance is included for City Council consideration, as well as the original and second Ordinance 0-09-17166. Correspondence between the City Attorney and Mr. Whitaker regarding Ordinance 0-09-1716C i s attached. During the May 19, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen spoke in opposition to the proposed ordinance. Second Reading and Public Hearing During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen registered support of the proposed ordinance. Mr. Christopher Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted an additional ordinance to the City Attorney. The additional ordinance is included for City Council consideration, as well as the original ordinance. Correspondence between the City Attorney and Mr. Whitaker regarding the additional ordinance is attached. First Reading and Public Hearing On April 21, 2009, a citizen petition for an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion, was filed with the City Secretary. In accordance with the City Charter, within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. At the next regular City Council meeting after the filing of such a petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Colleyville page y Printed on 7/17/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. n, City ' ay zoo9 (Seal) D e of signing Correspondence between the City Attorney and Mr. Whitaker From: M. Christopher Whitaker Sent: Tuesday, May 12, 2009 9:55 AM To: 'Matthew Boyle' Cc: Jennifer Fadden Subject: RE: Revised initiative I just wanted to make sure this was OK. I can send it if this is acceptable? I have modified it to adjust for the issues you raised and to make sure no new taxes arise as is now being alleged. This should be addressed and funded by the T and state as it is them executing the taking. My home value has dropped $30k because of the rail issue. This is contrary to the appraisal district valuation. Chris Whitaker From: Matthew Boyle Sent: Tuesda Ma 12, 2009 9:45 AM To: ~r~~~ Cc: Jennifer Fadden Subject: Revised initiative Mr. Whitaker, It looks like your original email was caught in spam. Did you intend to include attachments? Thanks. i~atthew L. G. Boyle BOYLE & LOWRY, L.L.P. 4201 Wingren Plaza, quite 1.OR Irving, Texas "15067 (97"?) 650-7109 Office (972, 650-7105 Facsimile From: SPAM Sent: Tuesday, May 12, 2009 6:46 AM To: Matthew Boyle Subject: FW. - Revised initiative From: M. Christopher Whitaker Sent: Friday, May 08, 2009 11:34 AM To: Matthew Boyle Subject: Revised initiative I have completed what we felt necessary to address the resolution and the ordinance. As the original filer, - wish to submit these in accordance with the city charter meaning without alteration as to meaning or effect in the opinion of the person filing the petition. You had previously represented to your client that items two (2) and (4) of the ordinance might not be enforceable by the city and that the resolution included reference to an misidentified prior resolution. As a novice in this arena, I believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your client's opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter. Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 x. q.: ~'~ .~~. Correspondence between the City Attorney and Mr. Whitaker dated May 27, 2009 From: M. Christopher Whitaker Sent: Wednesday, May 27, 2009 12:11 PM To: Matthew Boyle Subject: Iniatives Please find the ordiance attached. As the filer of the voter initiative, I am submitting the updated resolution without alteration as to meaning or effect in the opinion of the person filing the petition. Additionally, as the filer of the voter initiative, I am submitting the updated ordinance without alteration as to meaning or effect in the opinion of the person filing the petition. Please submit these to the City Secretary for presentation to the Council at the next meeting. M, Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 ORDINANCE 0-09-1716 AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RA[L STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Drag Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the Cottonbelt Railroad does have a significant impact on the community since it limits roadway interconnectivity between residential neighborhoods as there are three locations in the City of Colleyville where railroad crosses existing roads: one at Bransford Road a second at Pleasant Run Road and the third at John McCain Road and the DEIS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction of the railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinancc; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established asunder its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT the reconstruction of the Cottonbelt for purposes of carrying commuter rail shall consist of construction of a rail bed at the City of Colleyville's three road crossings that is lowered below the surface grade so that the railway is underground and shall also consist of construction of overpasses for the three road crossings at for Bransford Road, Pleasant Run Road, and John McCain Road. Sec. 5. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all violations of this ordinancc. Sec. 6. THAT this ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. S. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716 Page 5 of 5 The first reading and public hearing being conducted on the 5th day of May 2009. The second reading and public hearing being conducted on the 19th day of May 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ORDINANCE 0-09-17168 AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE_____~__ AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION UR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMEYT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regions! efforts to address the mobility and air quality needs of the citizens ofNorth Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DETS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type ofrail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the Cottonbelt Railroad does have a significant impact on the community since it limits roadway interconnectivity between residential neighborhoods as there are three locations in the City of Colleyville where railroad crosses existing roads: one at Bransford Road a second at Pleasant Run Road and the third at John McCain Road and the DETS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction of the railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included puhlic safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.U2. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1, THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT, to the extent the City of Colleyville has any right or authority to prohibit a station, the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT, to the extent the City of Colleyville has any right or authority to require it, while not increasing taxes and not implementing new taxes ta.%und this reconstruction and not expending City of Colleyville funds in this reconstruction, the reconstruction of the Cottonbelt for purposes of carrying commuter rail sha Il consist of construction of a rail bed at the City of Colleyville's three road crossings that is lowered below the surface grade so that the railway is below surface Level, whether open or a tunnel, and shall also consist of construction of overpasses for the three road crossings at Bransford Road, Pleasant Run Road, and John McCain Road. Sec. 5. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT this ordinance shall be construed in accordance with the Gity Code(s) in effect on the date of passage of this ordinance to the extent that such Code{s) are not in conflict with or in violation of tl~e Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the constriction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-17168 Page 5 of 5 The first reading and public hearing being conducted on the 5~h day of May 2009. The second reading and public hearing being conducted on the 19~h day of May 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ORDINANCE 0-09-1716C AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas Home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT, to the extent the City of Colleyville has any right or authority to prohibit a station, the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. S. THAT this ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716C Page 4 of 4 The first reading and public hearing being conducted on the 5th day of May 2009. The second reading and public hearing being conducted on the 19th day of May 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney c~ • w ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 hx~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3093 File Number: R-09-3093 File Type: Resolution Status: Tabled Version: 1 Agenda Date: 08/04/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 8b Final Action: Secretary File Name: Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Attachments: Certification of Petition to Initiate Legislation.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 12, 2009.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 27 2009.pdf Resolution R-09-3093.pdf Resolution R-09-30936.pdf Resolution R-09-3093C.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council 1 06/16/2009 City Council 1 07/07/2009 City Council 1 07/21/2009 City Council 1 08/04/2009 City Council Title Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Explanation Reading and Public Hearing Update August 4, 2009 There was no action taken by City Council on July 21, 2009. Update July 21, 2009 There was no action taken by City Council on July 7, 2009. Update July 7, 2009 There was no action taken by City Council on June 16, 2009. City of Colleyville Page 1 Printed on 7/30/2009 Aaenda Briefing Continued (R-09-3093) Update June 16, 2009 During the June 2, 2009 City Council meeting, one citizen spoke in opposition and one citizen spoke in favor of the proposed resolution. The City Council tabled the proposed resolution. Update June 2, 2009 Mr. Christopher Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted a third Resolution R-09-3093C to the City Attorney. Resolution R-09-3093C is included for City Council consideration, as well as the original and second Resolution R-09-3093B. Correspondence between the City Attorney and Mr. Whitaker regarding Resolution R-09-3093C is attached. During the May 19, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen spoke in opposition to the proposed resolution. During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen registered support of the proposed resolution. The City Council discussed and considered the Resolution and unanimously voted to table the item for consideration during the May 19, 2009 City Council meeting. Mr. Christopher Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted an additional resolution to the City Attorney. The additional resolution is included for City Council consideration, as well as the original resolution. Correspondence between the City Attorney and Mr. Whitaker regarding the additional resolution is attached. Reading and Public Hearing On April 21, 2009, a citizen petition for a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas, was filed with the City Secretary. In accordance with the City Charter, within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. At the next regular City Council meeting after the filing of such a petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at City of Colleyville Page 2 Printed on 7/26/2009 Agenda erietinp Continued (R-09-3093) which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Colleyville Page 3 Printed on 7/26/2009 x_-~~r -`-. 'i~~lf.,~ - '~' x~} ~. r'nm. City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-09-3093 File Number: R-09-3093 Version: 1 File Type: Resolution Agenda Date: 07/21 /2009 Status: Tabled Controlling Body: City Council Requester: Office of the City Agenda No.: 8b Final Action: Secretary File Name: Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Attachments: Certification of Petition to Initiate Legislation.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 12, 2009.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 27 2009.pdf Resolution R-09-3093.pdf Resolution R-09-30936.pdf Resolution R-09-3093C.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council 1 06/16/2009 City Council 1 07/07/2009 City Council 1 07/21/2009 City Council Title Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Explanation Reading and Public Hearing Update July 21, 2009 There was no action taken by City Council on July 7, 2009. Update July 7, 2009 There was no action taken by City Council on June 16, 2009. Update June 1 ti, 2009 During the June 2, 2009 City Council meeting, one citizen spoke in opposition and one citizen spoke in favor of the proposed resolution. City of Colleyville page 1 Printed on 7/17/2009 Agenda Briefing Continued (R-09-3093) The City Council tabled the proposed resolution. Update June 2, 2009 Mr. Christopher Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted a third Resolution R-09-3093C to the City Attorney. Resolution R-09-3093C is included for City Council consideration, as well as the original and second Resolution R-09-30938. Correspondence between the City Attorney and Mr. Whitaker regarding Resolution R-09-3093C is attached. During the May 19, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen spoke in opposition to the proposed resolution. During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen registered support of the proposed resolution. The City Council discussed and considered the Resolution and unanimously voted to table the item for consideration during the May 19, 2009 City Council meeting. Mr. Christopher Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted an additional resolution to the City Attorney. The additional resolution is included for City Council consideration, as well as the original resolution . Correspondence between the City Attorney and Mr. Whitaker regarding the additional resolution is attached. Reading and Public Hearing On April 21, 2009, a citizen petition for a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas, was filed with the City Secretary. In accordance with the City Charter, within fen (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whethef or not said petition is signed by the requisite number of qualified voters... and he shall atfach to said petition a certiircate showing the result of such examination. At the nexf regular City Council meeting after the filing of such a petition, fhe person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. Cify of Colleyville page 2 Printed on 7/17/2009 Agenda Briefing Continued (R-09-3093) City of Colleyville Page 3 Printed on 7/17/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%} of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. C~/nthia(Singleton, City Secr ' ay Zoo9 (Seal) D e of signing Correspondence between the City Attorney and Mr. Whitaker From: M. Christopher Whitaker Sent: Tuesday, May 12, 2009 9:55 AM To: 'Matthew Boyle' Cc: Jennifer Fadden Subject: RE: Revised initiative I just wanted to make sure this was OK. I can send it if this is acceptable? I have modified it to adjust for the issues you raised and to make sure no new taxes arise as is now being alleged. This should be addressed and funded by the T and state as it is them executing the taking. My home value has dropped $30k because of the rail issue. This is contrary to the appraisal district valuation. Chris Whitaker From: Matthew Boyle Sent: Tuesda ~ Ma 12, 2009 9:45 AM To: ~~~~ Cc: Jennifer Fadden Subject: Revised initiative Mr. Whitaker, It looks like your original email was caught in spam. Did you intend to include attachments? Thanks. Matthew C. G. fioyle BOYLE & LOWRY, L.L.P. '1201 Wingren P laza, Suite 108 Irving, Texas '750h2 (972.) 650-7109 Office (972) 650-7105 E'acsirni.le From: 5PAM Sent: Tuesday, May 12, 2009 6:46 AM To: Matthew Boyle Subject: FW. - Revised initiative From: M. Christopher Whitaker Sent: Friday, May 08, 2009 11:34 AM To: Matthew Boyle Subject: Revised initiative I have completed what we felt necessary to address the resolution and the ordinance. As the original filer, I wish to submit these in accordance with the city charter meaning without alteration as to meaning or effect in the opinion of the person filing the petition. You had previously represented to your client that items two (2) and (4) of the ordinance might not be enforceable by the city and that the resolution included reference to an misidentified prier resolution. As a novice in this arena, I believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your client's opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter. Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 ,,F. p..r S~ +i From: M. Christopher Whitaker Sent: Wednesday, May 27, 2009 12:10 PM To: Matthew Boyle Subject: Initiatives Please find the resolution attached. The ordinance will follow. As the filer of the voter initiative, I am submitting the updated resolution without alteration as to meaning or effect in the opinion of the person filing the petition. Additionally, as the filer of the voter initiative, I am submitting the updated ordinance without alteration as to meaning or effect in the opinion of the person filing the petition. Please submit these to the City Secretary for presentation to the Council at the next meeting. M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 RESOLUTION R-09-3093 A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 mi]es of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hi11Co Partners to influence the 81S` Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution 30R0695 is rescinded in its entirety. Sec. 2. THAT the 81st Texas Legislature be and is hereby urged to NOT authorize metro area counties to levy, subject to voter approval, a vehicle registration fee motor fuels excise tax, mileage fee driver's license fee, and roadway impact fee to fund their mobility needs, including rail service. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail underpasses at each of the road crossings along the proposed Southwest-Northeast route. Sec. 5. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. A VOTE OF ON THIS THE AYES, NAYS AND DAY OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-30936 A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hil1Co Partners to influence the 81 S` Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXA5: Sec. 1. THAT Resolution R-09-3065 is rescinded in its entirety. Sec. 2. THAT the 81 st Texas Legislature be and is hereby urged to NOT authorize metro area counties to levy, subject to voter approval, a vehicle registration fee motor fuels excise tax, mileage fee driver's license fee, and roadway impact fee to fund their mobility needs, including rail service. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction ofrail underpasses at each ofthe road crossings along the proposed Southwest-Northeast route, with the City of Colleyville not incurring the cost of this construction oftliis design and not implementing new taxes to pay for this construction of this design. Sec. 5. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-30938 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. ATTEST: A VOTE OF ON THIS THE AYES, NAYS AND DAY OF CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-3093C A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/ overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased freight rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council's plan to modify the existing Southwest- Northeast rail line in order to expand freight rail operations alters a pre- existing condition and presents a change that could not have been foreseen by Colleyville homeowners. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution R-09-3065 is rescinded in its entirety. Sec. 2. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative or any other plan that includes expanding freight rail operations within the city limits of Colleyville. Sec. 3. THAT the City of Colleyville urges the prohibition of freight trains on the Southwest- Northeast route and is committed to working with regional, state and federal authorities to ban such trains from passing through our city's residential areas. Sec. 4. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093C Page3of3 APPROVED BY ABSTENTIONS 2009. ATTEST: A VOTE OF ON THIS THE AYES, NAYS AND DAY OF CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-3126 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF AUGUST 4, 2009 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 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor