The URL can be used to link to this page

Home My WebLink AboutCity Council-Agenda Packets-01/16/2018�� S Y ��F � COLLEYVILLE rfx,�� City of Colleyville City Council Agenda ]ANUARY 16, 2018 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Colleyville 2017 Crime Report WS-2 Discussion of the Sidewalk Policy City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com WS-3 Pleasant Run Road reconstruction project update - Shelton Road to John McCain Road WS-4 Discussion of participation in the Arts Council Northeast 2018 MasterWorks Concert Series WS-5 Discussion of the State of the City WS-6 WS-7 Discussion of Quarter 1 Promotion Discussion of the January 16, 2018, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Glade Road Project Phases iB and 2 City of Colleyville Page 1 City Council Agenda January 16, 2018 Section 551.087 - Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Lanre Sobo, Glory House PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-18-4221 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition C! 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-18-4222 4a Approval of the minutes of the regular City Council meeting of January 10, 2018 4b Approval of the Quarter 1 Promotion program to assist businesses located within the SH26 construction corridor, and authorizing the city manager to execute all grants under the program RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-18-4223 Approval of an Interlocal Agreement with the Fort Worth Transportation Authority, (FWTA) for quiet zone implementation and maintenance and authorizing the city manager to execute the agreement 5b Resolution R-18-4224 Approval of a lease agreement for office Chamber of Commerce and the City of City Manager to enter into the agreement space between the Colleyville Colleyville and authorizing the City of Colleyville Page 2 City Council Agenda January 16, 2018 5c Resolution R-18-4225 Consideration of an appointment to the Planning and Zoning Commission 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 7. REPORTS Monthly Financial Report - December 2017 Zoning Board of Adjustment Minutes - December 12, 2017 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR ]ANUARY 16, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18- 4226 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 12, 2018 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. 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. City of Colleyville Page 3 G1� Y Q�' � COLLEYVILLE rt.x;�� Agenda Number WS-1 Type Worksession Department Police Title Colleyville 2017 Crime Report City of Colleyville City Council Agenda Briefing Agenda Date O1/16/2018 Strategic Plan 2.1 Provide responsive, efficient city services Explanation Staff will present the attached 2017 Colleyville Crime Report. Attachments 1. 2017 Annual Crime Report City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com City of Colleyville Page 1 _ � l � �i � �� OOLLEY VI LLE 2017 ANNUAL CRIME REPORT Col leyvi I le Pol ice Depa rtment January 16, 2018 �!��►��!y■I��;, _ : _ � l � �i � �� OOLLEY VI LLE The objective of the Uniform Crime Reporting program is to produce reliable crime statistics for law enforcement administration, operation, and management. This is accomplished through the recording and reporting of the eight (8) Crime Index Offenses (Part 1 Offenses); ■ ■ ■ ■ ■ ■ ■ ■ Murder Ra pe Robbery Agg ravated Assa u It Burglary Theft Auto Theft Arson 1��'��,�� Part 1 Crimes 2016 2017 Change M u rder 0 0 N/A Rape 1 1 0% Aggravated Assault 3 3 0% Robbery 2 Z 0% Total Violent 6 6 0% Burglaries Non-Residential 13 11 -15% Residential 3Z 26 -19�r"� Thefts Burglary of Vehicle 41 34 -17�10 Other Theft 59 70 19% Auto Theft 4 5 Z5% Arson 0 0 N/A Total Property 149 146 -��lo Total Part 1 155 152 -2% _ � l � �i � �� OOLLEY VI LLE ;� � `��'' � � POL�CE �FFICEB :: .� � Chanae in Crime 0 � � �,�I��' 2 16 - 2 17 RESIDENTIAL SHED BUGLARY OFFENSES 0 �. VV 0 DO �;�„r� �.�rk L �yKl MII A,In � .�» a c�*'� �,� � _ =� = _ � l � �i � �� OOLLEY VI LLE • 2016 through 2017 - Thefit ofi lawn equipment from a locked or unlocked residential sheds • Reported Residential Burglary offenses � 2016 (32 Total) - (18 - Shed) • 2017 (26 Total) - (11 - Shed) • 29 offenses committed by same suspect between 2016 and 2017. • This accounts for 12% of all Part I offenses in 2016 and 7% for 2017. • Suspect was arrested - 29 offenses cleared December 2017. !� � !�+��'� � � �� Summary of Uniform Crime Reporting Part 2 Offenses 2016 vs 2017 an Feb March April May une uly Aug Sept Oct Nov Dec 2017 2016 Curfew & Loitering Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Disorderly Conduct 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Driving Under the Influence 9 5 8 11 9 4 14 16 9 9 9 10 113 109 Drug Offenses (Possess - Sale/Mfg.) 7 6 7 7 3 4 5 4 4 8 3 10 68 74 Embezzlement 1 1 0 1 1 0 1 0 0 1 0 0 6 7 Forgery 1 1 0 0 1 1 0 0 1 2 0 3 10 11 Fraud (Credit Card Abuse, Theft of Serv.) 11 14 6 5 16 12 10 9 9 9 15 7 123 75 � Gambling Offense 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � Liquor Laws 0 0 0 1 1 0 2 1 1 0 0 1 7 22 v Offenses Against Family and Children 0 0 0 0 0 0 0 0 0 0 0 0 0 2 N Prostitution / Vice 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � Public Intoxication 1 2 1 0 3 0 0 0 3 2 3 2 17 18 a Runaway 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Sex Offenses 0 1 1 0 0 0 0 0 1 0 1 0 4 3 Simple Assault 1 1 3 3 4 1 2 2 3 2 2 0 24 36 Stolen Property; Buy, Recv., Poss. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 andalism 0 3 3 2 1 3 5 0 0 4 1 3 25 23 Weapons 0 0 0 1 0 0 0 3 0 1 0 0 5 18 II Other Offenses (except traffic) 12 12 11 12 12 10 10 17 7 9 11 19 142 122 otal 2017 Part-2 Crimes: 43 46 40 43 51 35 49 52 38 47 45 55 544 523 otal 2016 Part-2 Crimes: 36 40 53 56 46 47 47 43 45 37 38 35 _ � l � �i � �� OOLLEY VI LLE POLICE �FFICER r`'��-��t. , 2011 1 � � �� , OOLLEY VI LLE 2014 2015 2016 2017 Zo � o to 20 �� c�� OVERALL CRIME REDUCTION COMPARED TO 2010 • Calls for Service 7,639 to 7,977 - 4% Increase • Officer Initiated 4,526 to 4,228 - 6% Decrease • Arrests 980 to 761 - 22% Decrease • Part 1 Offenses 155 to 152 - 2% Decrease • Burglary of Vehicle 41 to 34 -17% Decrease _ � l � �i � �� OOLLEY VI LLE • Home/Bus Burglaries 45 to 37- 18% Decrease • Traffic Stops 21,650 to 16,843 - 22% Decrease • Crash Reports 210 to 230 - 9% Increase • Conducted 33,168 Business, Home, & Park Checks In 2017, Colleyville Police Department's Criminal Investigations Division received 665 new case assignments. On average, 2.75 new cases were assigned per day. Annual Clearance Rate •39% Part 1 Clearance • Violent - 67% Clearance • Property - 38% Clearance •67% Part 2 Clearance 3 25 t 2Cases 15 1 5 I red ian 11 3 Twelve Month Part 1 History - so ��se 40 20 0 �� Y '��r ,��„aY . iu�", iu� !�u� ��R �i�� ,��,°V �� 13 17 14 6 5 18 10 11 20 11 13 � 2016 2 2 4 2 1 1 3 3 7 3 ��z,017 _ � l � �i � �� OOLLEY VI LLE Other points of interest include: • Submitted 1,934 Investigative Supplements • 100% Three day victim contact • 332 Hours - Crime Scene Investigation and Related Training • 216 Hours of Firearms Instruction to TCCC Academy • New Special Investigations Unit formed Extra Duties: • Crossing Guard Administration • Citizens on Patrol • Firearms Instructor • Child Abduction Response Team • Taser Instructor • Lock Box Program • Sex Offender Registration and Management 2016 - 2017 Case Assignment Comparison ?�� F�I? �n��' �R�' M,�X ?M4� ?�� 57 70 75 79 65 56 54 54 53 56 58 50 46 66 �!�9 �a 4�� l�tY 4i�� 52 70 51 44 48 55 40 66 52 66 G1� Y Q�' � COLLEYVILLE rt.x;�� City of Colleyville City Council Agenda Briefing Agenda Number WS-2 Agenda Date O1/16/2018 Type Worksession Department Community Development Title Discussion of the Sidewalk Policy Strategic Plan 4.3 Adopt best-practice planning and development processes City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation The City Council established the Colleyville Sidewalks Ad Hoc Committee at the May 16, 2017 meeting by resolution R-17-4133. The responsibilities of the committee were stated in the resolution including: • Review of current Colleyville sidewalk policy and a benchmark of comparator cities. • Development and recommendation of a sidewalk policy. • Identification of locations for connection and/or sidewalks to be constructed, while ensuring compatibility with the "Trails Plan". • Development of a prioritization method and application to identified sidewalk connections. • Review of available funding and potential options for funding future sidewalks. An eleven (li) member committee was appointed at the July 18, 2017 City Council meeting by resolution R-17-4155. The committee met a total of 5 times from the end of August through the end of October: August 28, 2017 - ist meeting of Committee September 18, 2017 October 2, 2017 October 16, 2017 October 30, 2017 Over the course of these meetings, the committee was able to review, discuss, and create a policy to guide the construction of sidewalks within the City of Colleyville. Intent/Vision: The committee developed a vision that guided the creation of the policy, to include the following: • Create a connected community where it makes sense and in accordance with the citizens' wishes and desire to fund this effort and according to a logical, prioritized plan. • Achieve the above without compromising the charm and semi-rural beauty that makes Colleyville so desirable and unique. City of Colleyvil/e Page 1 City Council Agenda Briefing Plan: The Committee created a plan of action where they identified eight (8) points to consider when preparing the policy. The plan of action has been provided as an attachment for reference. The completed policy is a culmination of review of ordinances from adjacent communities, discussion, and annotation of the new policy. Sidewalk Policy: The proposed Sidewalk Policy identifies requirements for sidewalk construction for different scenarios, including development on new streets, existing streets, and designated streets on the Master Thoroughfare Plan. This may differ between residential and commercial developments. The policy also clarifies policies for repairs/replacement/maintenance and design standards. Additionally, the committee is proposing a remediation process whereby a property owner, when applicable, may ask that a sidewalk be removed. The removal must be a disjointed or disconnected segment where removal would be in the spirit of the policy. A major change includes the provision for waivers/variances. These requests should be rare and allowed only where there are unusual factors. The burden of providing justification will be upon the applicant and must describe the unusual conditions. Finally, the committee proposes a fund to be set aside annually for the construction of sidewalks. Additionally, the Sidewalk Ad Hoc Committee recommends the establishment of a fundraising committee to discuss, create, and implement fundraising opportunities to help contribute to and off-set the costs of providing sidewalks throughout the City of Colleyville. City Council Consideration: The draft Sidewalk Policy is intended to initiate amendments to the Land Development Code regarding sidewalk construction. If the City Council deems the policy acceptable, staff will begin work on the appropriate language for future presentation to the Planning & Zoning Commission and City Council for amending the Land Development Code. Attachments 1. Sidewalk Policy Presentation 2. Establishment of Sidewalks Ad Hoc Committee R-17-4133 3. Appointment of Sidewalks Ad Hoc Committee R-17-4155 4. Plan of Action 5. Draft Sidewalk Policy City of Colleyville Page 2 Sidewa I k Pol ic y City Council Worksession �anuary 16, 2018 �� COLLEYVILLE � Ob'ective ] • Background on the Sidewalks Ad Hoc Committee • Present the Sidewalk Policy • Receive direction from the City Council regarding ratification of policy and future LDC amendment �� COLLEYVILLE � Back round Information g The City Council established the Colleyville Sidewalks Ad Hoc Committee at the May 16, 2017 meeting by Resolution R-17-4133. The responsibilities of the committee were stated in the resolution including: • Review of current Colleyville sidewalk policy and a benchmark of comparator cities. Development and recommendation of a sidewalk policy. Identification of locations for connection and/or sidewalks to be constructed, while ensuring compatibility with the ��Trails Plan". Development of a prioritization method and application to identified sidewalk connections. Review of available funding and potential options for funding future sidewalks. �� COLLEYVILLE � Back round Information g An 11 member committee met a total of five times from the end of August through the end of October: August 28, 2017 - ist meeting of Committee September 18, 2017 October 2, 2017 October 16, 2017 October 30, 2017 * James Hubbard was initial staff point of contact , ,�� COLLEYVILLE � Draft Sidewalk Policy Pu rpose The purpose of this policy is to provide for the logical construction of sidewalks within the City in order to promote the health, safety, and general welfare of the community. The policy will take a fiscally responsible approach while taking into account the natural conditions of the area where sidewalks will be constructed. �� COLLEYVILLE � Draft Sidewalk Policy Sidewalk Requirements New Development: requiring a new roadway Residential: both sides of roadway; Exception = single-loaded roadway (houses/development on one side of the street only) Commercial: both sides of roadway New Development: adjacent to existing roadway Residential: (1) required if fronting a roadway designated on the Master Thoroughfare Plan as a non-local street; or (2) on a street where sidewalks exist on 50% or more of the properties on the block face; Exception = large lot with more than 300' of frontage Commercial: along frontage of all roadways Existing Development/Single Family Home Construction Residential: (1) required if fronting a roadway designated on the Master Thoroughfare Plan as a non-local street; or (2) on a street where sidewalks exist on 50% or more of the properties on the block face; Exception = large lot with more than 300' of frontage Commercial: along frontage of all roadways Master Thoroughfare Plan Sidewalks required on both sides of roadway on non-local streets; Exception = Roadway project listed on CIP five-year list and planned for full reconstruction, must be installed by City �� COLLEYVILLE � Draft Sidewalk Policy Repairs/Replacement/Maintenance The City shall be responsible for the maintenance and replacement of sidewalk segments congruent with this policy. This is to ensure a safe and well connected network. In the event a sidewalk segment is damaged by misuse or neglect, the adjacent property owner shall be responsible for the cost of appropriate maintenance or replacement. Design Standards All sidewalks shall be a minimum of four (4') feet in width, except a sidewalk located within or abutting a collector street, or larger, as shown on the Master Thoroughfare Plan, which shall not be less than five (5) feet in width. All sidewalks and pathways shall be constructed in the area between the curb or grade line of the public street and the abutting property line unless the pathway is situated within a dedicated pathway easement or right-of-way. The edge of the sidewalk or pathway shall generally be parallel with the curb line and be situated no more than one (1') foot from the abutting property line. The Director of Public Works may approve a plan to alter the location and size of a sidewalk to preserve a tree or for aesthetic purposes. One additional foot of width shall be added to a sidewalk that abuts a street curb. �� COLLEYVILLE � Draft Sidewalk Policy Waivers/Variances A complete waiver of the requirement for sidewalks should be rare and allowed only where there are unusual factors. The waiver must be approved by both the Director of Community Development and the Director of Public Works to be granted and their decision shall be documented with supporting data that states the basis for the decision. However, in the event of a split decision, the City Manager or designee shall also make a determination as to whether or not the waiver should be granted, and document that determination with supporting data that states the basis for the decision. Unusual factors include: (1) Projects where the cost of establishing sidewalks or walkways would be unreasonably disproportionate to the cost of the associated roadway construction or overall project costs (however, a partial waiver may be granted in lieu of a full waiver to reduce the cost of required sidewalks such that the costs will not be unreasonably disproportionate), (2) Areas with severe topography or other natural constraints that will constrain proper implementation of this plan, (3) Situations inherently adverse to pedestrian activity, such as harmful noise, dust creation, and high volume truck traffic, in certain areas, such as agricultural, heavy commercial, and industrial developments, or (4) Situations where an applicant can show other factors or circumstances amounting to reasonably justifiable good cause to support such waiver. A denial of a request for a waiver of these requirements may be appealed to the City Council. (1) A written appeal must be filed with the Director of Public Works within 10 days of the denial. (2) The appeal must provide justification for the requested waiver based on the criteria described in (1), (2), (3), and (4) above. (3) The Council must make findings based on these criteria in order to approve a waiver. If substantial new information, not provided as part of the original request, is provided by the applicant within 14 days of the City Council meeting, or during the City Council meeting, the item shall be referred back to the Director of Community Development and Director of Public Works for reconsideration prior to a decision by the City Council. �� COLLEYVILLE � Draft Sidewalk Policy Remediation�local streets only� The City recognizes the existence of disjointed/disconnected sidewalk segments throughout the City that serve little purpose in furthering the welfare or walkability of the community. Property owners may request removal of these sidewalk segments should the removal be in the spirit of this policy. Considerations for remediation approval and assistance shall include proximity of area sidewalk sections and feasibility of connection to existing network. Should the City deem the citizen request to be aligned with the spirit of this policy, the City will provide the labor and equipment to remove and haul away the sidewalk. The property owner shall be required to make all other repairs necessary to the property to establish a safe and aesthetically pleasing site. This may require, but is not limited to, dirt work, grading, irrigation system modifications, and turf establishment. Aqalicabilit� Areas with 30% or less of lots with sidewalks (area = subdivision/neighborhood or properties within 1,000 feet) Fundina The City Council must allocate sidewalk funds annually through the general funds budgeting process. The City Council will fund $500,000 or greater per year. The Sidewalk Ad Hoc Committee recommends the establishment of a fundraising committee to discuss, create, & implement fundraising opportunities to help contribute to and off-set the costs of providing sidewalks throughout the City of Colleyville. �� COLLEYVILLE � Summar y The committee developed a policy that: • identifies requirements for sidewalk construction for different scenarios, including development on new streets, existing streets, and designated streets on the Master Thoroughfare Plan • includes the provision for waivers/variances which should be rare and allowed only where there are unusual factors and the burden of providing justification will be upon the applicant and must describe the unusual conditions • proposes a fund to be set aside annually for the construction of sidewalks �� COLLEYVILLE � uestions / Di rection � COLLEYVILLE � RESOLUTION R-17-4�33 A RESOLUTION ESTABLISHING A COLLEYVILLE SZDEWALKS AD HOC COMMITTEE HEREAS, the City Council recognizes tl�e importance of sidewafks in cre'aiing a more walkable and mobile community; and EREAS, the City Council is committed to the bes� interests of the h�alth, safety, and welfare of the citizens o�F Colleyville; and EREAS, ti�e City Cour�cii desires to involve �he citizer�s of Colleyvifle in establishing �quitable policies and priorities for the de�eiopmen� of a system of sidewalks in the community; and EREAS. the City Council desires io establisF� the Colley�ille Sidewalk Ad Hoc Committee. OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE ITY OF COLLEYVTLLE, TEXAS: ec. 1. THAT an el�ven (li) member Colley�ille Sidewalks Ad Hoc Committee is hereby established and the city secretary is directed to ad�er�tise and acc�pt Applications for Appoir�tmen� May 17 through June 3Q, 2017. �ec, 2. THAT the Colleyvil�e Sidewalks Ad Hac Commi�tee respons�bilities may incl�rde: a. Review of curreni Colleyvil�e s�dewa�k policy and a benchmark of comparator cities. b. Developmer�t and recommendation of a sidewalk policy. c. Identification of locations �or conr�ection and/or sidewalks to be constructed, while ensuring compatibility wifih the "Trails Plan." d. De�elopment of a pr�ioritizafiion method and application io idenfiified sidewalk connections. e. Review of available f�nding and potential opt�ons for funding fu�ure sidewalks. Resolutior� R-i7-4233 Page2of2 3. THAT upon issuance of final recommendatior�s to the City Councif, the work of the Commit�ee wil! b� completed, and ti�e terms of the Committee members will be concluded. . 4. THAT �his resoiu�ion shall �ake e�fect Emmediately upon passage. D ,TT IS S� RESOLVED. PPROVED BY A VOTE OF � AYES, O NAYS, AND .� ABSTENTTONS QN f�IS THE 16�" DAY DF MAY 2017. Mayor RicF►ard Newton � Place 1, Tammy Nakamura � Place 4, George Dodson .�,� Place 6, Mike Tay�or � lTTEST: n�Sheiley,'YRMC ty Secretary Mayor Pro Tem Bobby Lindamood � Place 3, Ka�hy W�eat � Place 5, Nancy Coplen ��.�- CITY OF COLLEYViLLE _. �� f Richard Newton Mayor RESOLUTION R-17-4155 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE SIDEWALKS AD HOC COMMITTEE, AND ESTABLISHING A DATE FOR THE FINAL REPORT SUBMITTAL WHEREAS, the City Council approved Resolution R-17-4133 on May 16, 2017, and established the Colleyville Sidewalks Ad Hoc Committee to provide for the establishment of equitable policies and priorities for the development of a s_ystem of sidewalks in the community; and WHEREAS, staff advertised and accepted applications for appointment to the committee from May 17 through June 30, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following citizens are appointed to the Colleyville Sidewalks Ad Hoc Committee: • Mark Brooks • James Dove • Tonia Goin • Sherrie Hart • Joy Fulton Lee • Collette Cobben-Murr • Leonna Nichols • Jocelyn Sandruck • ]ulie Schurman • Steve Waltens • John Zeitlin Sec. 2. THAT John Zeitlin is appointed as Chair, and Steve Waltens is appointed as Vice Chair. Sec. 3. THAT the city manager shall provide administrative support services to the committee. Sec. 4. THAT the Committee shall use its best efforts to issue a final report to the City Council by January 31, 2018. Sec. 5. Upon issuance of the final report, the work of the Committee will be completed, and the terms of the Committee members will be concluded. Resolution R-17-4155 Page2of2 Sec.6. THAT this resolution shall take effect immediately upon passage. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF � AYES, � NAYS, AIVD � ABSTENTIONS ON THIS THE 18T" DAY OF JULY 2017. Mayor Richard Newton � Mayor Pro Tem Bobby Lindamood /�'�t .L Place 1, Tammy Nakamura �,� Place 3, Kathy Wheat �4 .� Place 4, George Dodson � Place 5, Nancy Coplen ��i Place 6, Mike Taylor � --A�TEST: � "-J _ J Am helley, TRMC City Secretary C OF COLLEYVILLE Richard Newton Mayor Plan of Action _,� oct 2 BACKGROUND The current "sidewalks everywhere" mandate and the associated punitive tax for not building a sidewalk is from a prior era. That vision is unrealistic and counter to the semi-rural feel that makes our community so desirable and unique. INTENT/VISION • Create a connected community where it makes sense and in accordance with the citizens' wishes and desire to fund this effort and according to a logical, prioritized plan. • Achieve the above without compromising the charm and semi-rural beauty that makes Colleyville so desirable and unique. PLAN 1. Revoke the "sidewalks everywhere" mandate and associated tax for not building a sidewalk. 2. Continue to require that sidewalks be built in all new residential and commercial developments/neighborhoods. (Need to define builder/developer.) 3. Continue to require that a sidewalk be built as part of a new home permit only if such lot is on a road where a sidewalk already exists. Our permits department will be required to use common sense in making this determination. 4. Establish a two-tiered, "opt-in" voluntary fund on each utility bill that is designated as the "Sidewalk Construction Fund" (the amount of this fund will need to be agreed upon). 5. Establish a prioritized list of where it makes sense to build "common use" sidewalks in Colleyville (outside of new residential and commercial construction). The city will act on this list based on the funds available. 6. When a road scheduled for improvement is on the prioritized list of future sidewalk locations, a sidewalk will be built and funded from the road construction budget. Repairs to existing sidewalks that are the city's responsibility will be funded from the general fund. Repairs to existing sidewalks that are the property owners' responsibility are not in scope. Colleyville will establish a new Sidewalk Ad Hoc Committee in two years to evaluate the progress, success, and viability of this plan. DRAFT- Sidewalk Policy Purpose The purpose of this policy is to provide for the logical construction of sidewalks within the City in order to promote the health, safety and general welfare of the community. The policy will take a fiscally responsible approach while taking into account the natural conditions of the area where sidewalks will be constructed. Back�round For the purposes of this policy the Master Thoroughfare Plan (MTP) refers to the plan adopted by Ordinance 0-15-1972. Non-local Streets refer to all streets indicated as Minor Collectors and larger. Sidewalk Requirements New Development: requiring a new roadway �' Residential: both sides of roadway; Exception = single-loaded roadway (houses/ development on one side of the street only) Commercial: both sides of roadway � ,r' New Development: adjacent to existing roadway Residential: (1) required if fronting a roadway designated on the Master Thoroughfare Plan as a non-local street; or (2) on a street where sidewalks exist on 50% or more of the properties on the block face; Exception = large lot with more than 300' of frontage Commercial: along frontage of all roadways Existing Development/Single Family Home Construction Residential: (1) required if fronting a roadway designated on the Master Thoroughfare Plan as a non-local street; or (2J on a street where sidewalks exist on 50% or more of the properties on the block face; Exception = large lot with more than 300' of frontage Commercial: along frontage of all roadways Master Thoroughfare Plan Sidewalks required on both sides of roadway on non-local streets; Exception = Roadway project listed on CIP 5-year list and planned for full reconstruction, must be installed by city Repairs/Replacement/Maintenance The City shall be responsible for the maintenance and replacement of sidewalk segments congruent with this policy. This is to ensure a safe and well connected network. In the event a sidewalk segment is damaged by misuse or neglect the adjacent property owner shall be responsible for the cost of appropriate maintenance or replacement. DRAFT- Sidewalk Policy Desi�n Standards All sidewalks shall be a minimum of four (4') feet in width, except a sidewalk located within or abutting a collector street, or larger, as shown on the Master Thoroughfare Plan, which shall not be less than five (5) feet in width. All sidewalks and pathways shall be constructed in the area between the curb or grade line of the public street and the abutting property line unless the pathway is situated within a dedicated pathway easement or right-of-way. The edge of the sidewalk or pathway shall generally be parallel with the curb line and be situated no more than one (1') foot from the abutting property line. The Director of Public Works may approve a plan to alter the location and size of a sidewalk to preserve a tree or for aesthetic purposes. One additional foot of width shall be added to a sidewalk that abuts a street curb. Waivers/Variances A complete waiver of the requirement for sidewalks should be rare and allowed only where there are unusual factors. The waiver must be approved by both the Director of Community Development and the Director of Public Works to be granted and their decision shall be documented with supporting data that states the basis for the decision. However, in the event of a split decision, the City Manager or designee shall also make a determination as to whether or not the waiver should be granted, and document that determination with supporting data that states the basis for the decision. Unusual factors include: (1) Projects where the cost of establishing sidewalks or walkways would be unreasonably disproportionate to the cost of the associated roadway construction or overall project costs (however a partial waiver may be granted in lieu of a full waiver to reduce the cost of required sidewalks such that the costs will not be unreasonably disproportionate), (2) Areas with severe topography or other natural constraints that will constrain proper implementation of this plan, (3) Situations inherently adverse to pedestrian activity, such as harmful noise, dust creation, and high volume truck traffic, in certain areas, such as agricultural, heavy commercial, and industrial developments, or (4) Situations where an applicant can show other factors or circumstances amounting to reasonably justifiable good cause to support such waiver. A denial of a request for a waiver of these requirements may be appealed to the City Council. (1) A written appeal must be filed with the Director of Public Works within 10 days of the denial. (2) The appeal must provide justification for the requested waiver based on the criteria described in (1), (2), (3), and (4) above. (3) The Council must make findings based on these criteria in order to approve a waiver. If substantial new information, not provided as part of the original request, is provided by the applicant within 14 days of the City Council meeting, or during the City Council meeting, the item shall be referred back to the Director of Community Development and Director of Public Works for reconsideration prior to a decision by the City Council. DRAFT- Sidewalk Policy Remediation (local streets on The City recognizes the existence of disjointed/disconnected sidewalk segments throughout the city that serve little purpose in furthering the welfare or walkability of the community. Property owners may request removal of these sidewalk segments should the removal be in the spirit of this policy. Considerations for remediation approval and assistance shall include proximity of area sidewalk sections and feasibility of connection to existing network. Should the City deem the citizen request to be aligned with the spirit of this policy, the City will provide the labor and equipment to remove and haul away the sidewalk. The property owner shall be required to make all other repairs necessary to the property to establish a safe and aesthetically pleasing site. This may require, but is not limited to, dirt work, grading, irrigation system modifications, and turf establishment. Applicability: Areas with 30% or less of lots with sidewalks (area = subdivision/neighborhood or properties within 1,000 feet) Fundin� �.. The City Council must allocate sidewalk funds annually through the general funds budgeting process. The City Council will fund $500,000 or greater per year. The Sidewalk Ad Hoc Committee recommends the establishment of a fundraising committee to discuss, create, & implement fundraising opportunities to help contribute to and off-set the costs of providing sidewalks throughout the City of Colleyville. ,�, G1� Y Q�' � COLLEYVILLE rt.x;�� Agenda Number WS-3 Type Presentation and Discussion Department Enqineerinq City of Colleyville City Council Agenda Briefing Agenda Date O1/16/2018 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Pleasant Run Road reconstruction project update - Shelton Road to John McCain Road Strategic Plan 1.4 Communicate thoroughly and strategically Explanation This agenda item provides for an update on the Pleasant Run Road Reconstruction Project (Shelton Road to John McCain Road). The construction contract in the amount of $4,938,170.50 was awarded to North Texas Contracting, Inc. on June 6, 2017, by Resolution R-17-4141. The construction of the project was initiated by a Notice to Proceed on July 5, 2017, and the project was identified in the contract to take a duration of 270 calendar days. Staff will provide an update on the project progress and the efforts being undertaken to complete the road reconstruction. Attachments 1. Resolution R-17-4141 City of Colleyville Page 1 RESOLUTION R-17-4141 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH NORTH TEXAS CONTRACTING, INC., FOR THE PLEASANT RUN ROAD PROJECT (SHELTON DRIVE TO JOHN MCCAIN ROAD), IN AN AMOUNT NOT TO EXCEED $4,938,170.50, WHICH INCLUDES A $600,000 CONTINGENCY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND ANY ASSOCIATED CHANGE ORDERS UNDER $50,000 WHEREAS, the Colleyville City Council is committed to the best interests of the health, safety, and welfare of the citizens of Colleyville; and . WHEREAS, the Colleyville City Council adopted Resolution R-16-4037 on September 20, 2016, approving a Comprehensive Five-Year Capital Improvement Program for Fiscal Years 2017-2021; and WHEREAS, the construction of Pleasant Run Road (Shelton Drive to John McCain Road) was included in the Comprehensive Five-Year Capital Improvement Program for Fiscal Year 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec.2. THAT the City Council hereby approves the construction contract with North Texas Contracting, Inc., for the Pleasant Run Road Project (Shelton Drive to John McCain Road), depicted as Exhibit "A." Sec. 3. THAT the .city manager is hereby authorized to execute the construction contract and any associated change orders under $50,000. AND IT IS SO RESOLVED. Resolution R-17-4141 Page2of2 APPROVED BY A VOTE OF ,� AYES, � NAYS, AND C`� ABSTENTIONS ON THIS THE 6T" DAY OF ]UNE 2017. Mayor Richard Newton �- Mayor Pro Tem Bobby Lindamood �l G Place 1, Tammy Nakamura Place 3, Kathy Wheat �_ Place 4, George Dodson � Place 5, Nancy Coplen � Place 6, Mike Taylor , � .: ATTEST: ._�. _ A�'n \ Shelley, RMC -�City Secretary CITY OF COLLEYVILLE f 1�.�� Richard Newton Mayor ,.�:[:....+.. Plea sant Run Ro`� m�; . �.� � .,,,. .. �. . .... i.� �.�. �. � ��. �- . ...��i�.b� . �� .n .� - � �tp�� ` � - l • �� -g��. �, �' t� .',,' �,, ?�g,��s''F r1R,�, , se;� �. 'a�jf�`� �' �f, ;�' �,�p� �` �' � P,leasa�t'RunRoad� " .� i � � 4h�� N M1� a["1�� t,�,'�� ,;j�f ��I,��r� �4( w , �^�R A � 1 .. � '.tL� . ,� ^I ir� ,r�3 "�Q. :' �j'n `' iD �57' �f',i��,� �j ,� 7 —. �i 4- ■� r.� � • � �. . �:� - � � �o, .-'�-� t. �. �� ,�� ,rr-.G.� �, �,, �� Q��I . ,� - , N4 � �' � 'a � �A �! .� �� "�,? � � l. � � �•ti ,i A � '1� � � � ' c �i.,.�i i IJ' 1 �� r «�. .1� �.r �'f�py � 1r „�; -``�, � S '�.i� "t'. � {. : n II '�' r � ,�; .. . . J r�'�'?I,.' � r �r,.':,. I,y.�, �•� �„ �� il.r�.� �r'�.. �� i3"'jl � � � Nflj� � '` p' , ' a� � �� t . - ,�. � . _ � �, } � � �- t _,_..- ; � . � � r . � 'f �� ^ , �-�;' � r, ` F -�y� � - � � ' , � _. -.� � ,a ' y 4' � �� ^� a.' s � � �t P . . i' - S� � ': . _ C � °� �, � .I�_ , . '� , ,. � I � , �� '' y � �� Jj,,s�" � � .# U t� �� r l.,rt � (�� :� �,_ ,,,,� f �`y• .,,�j,,, � a•'' n . f;•(�- � ' f� r 1�, f �,� , , . .� { 5 � ' � � ,__ � i' 1+7 .. C '�. �Y�p!,� ;�� p,� �� ,4 ��J �'ST ii .n�' ,•i„ ��.� .1� ,�. L . � � i�� , s•�#+� t, o ��w�,� �� lyr� � `�!l! r* �,� y 4 S`u.� - —}, � - �; �,i�"1�.� �� ` ? �-, � � e! � �, � ' � P�`� '� +r--� F �`d � n:t -� �1 � � + J I� � � �' � n ,, k _ � �'h� — l ai' � �r'°' s: � �k '��(iJ{��'M4' i �� '� .1� r1'Y"`.. � ) ��M-'' � 'i �r � �.,,.� � � � , _ . al. ,,� �^ �' ;� �, � � � 7`. f r � 1,. y�, �� . i t „` 'ti. �� ►,i--�l,d._ ' ,� ? �i�p��' � ��,,� �� ' ��! i -� (AY,',i��`� + `- � �� ' �y� _ ;,, t � t''r Cr� ,r � e � . �� 1�µ �j�, �`t�s�r�� •��'J o 4� �, �`"'�i M • Pleasant Run Road � � '�'�' �- ' ---= � '� J • � 1�*-+ + ., q;� • " � N ' . 6�`Gr . i � �'� �', 4� � �i i_ � ,a'��'^+�. 2 ' c ,r ` • � . � � - ''` �. :".�. �r , � 6 •"`„ j'y'`' A '�� , f ' , � �.t, � ..1:.xO. + ^ _ : ' � Ik ��,r p � rw 4 � � r � t '� + ry , • Y ' . ~ 4 ' . � , . � . 1 l�=f-_ C � 1.. � k t �i A�, r r • �t :* . . � �.� ' �. �� >>� � '�a�.�-��l� _ ar4==1-�-'tu, .'� , ., ' � �. �� 'j' � . ¢,. . ,i��: . '�r-.._'! c .°'I � `.��, �. ., i.."-'�t-�-:r�:�..:,� 1 � vaRiEs:, t4s 11' . 11� VaRIE� s' io �• � �, 10�5'� �US AL. �( yA)� �..--+�..+i�.—i L,NE i a s f.5' PCq�PiRAIL .�v' + ....� `�ii i L �.e�, .�+�s'R�.••lt.`6s'_=».'.�" �.�ys � L -`_'�i e�� . , ]'yFl��nn j�., a } .. � • . • • U � � � � .. ..� ��—� . _ - G1� Y Q�' � COLLEYVILLE rt.x;�� Agenda Number WS-4 Type Worksession Department City Manaqer City of Colleyville City Council Agenda Briefing Agenda Date O1/16/2018 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Discussion of participation in the Arts Council Northeast 2018 MasterWorks Concert Series Strategic Plan 5.2 Support a variety of community events, concerts and celebrations Explanation Staff will present the potential for the City of Colleyville participation in the Arts Council Northeast upcoming MasterWorks Concert Series with two concerts in 2018. Arts Council Northeast has a vision of access to the arts for all, our mission is to provide artistic, cultural, and educational opportunities to improve the quality of life in our communities. Attachments City of Colleyville Page 1 G1� Y Q�' � COLLEYVILLE rt.x;�� City of Colleyville City Council Agenda Briefing Agenda Number WS-5 Agenda Date O1/16/2018 Type Worksession Department City Manager Title Discussion of the State of the City Strategic Plan 1.1 Actively involve and engage stakeholders City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation This item provides an opportunity for discussion of the format for the 2018 State of the City. Attachments City of Colleyville Page 1 G1� Y Q�' � COLLEYVILLE rt.x;�� City of Colleyville City Council Agenda Briefing Agenda Number WS-6 Agenda Date O1/16/2018 Type Presentation and Discussion Department Economic Development Title Discussion of Quarter 1 Promotion Strategic Plan 4.2 Encourage compatible commercial growth City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation Staff will present an update and seek feedback on the Quarter 1 Promotion initiative, which aims to assist businesses impacted by the State Highway 26 Project construction and increase sales tax from Colleyville's main commercial corridor. Staff has made changes to the proposed program based on the feedback from the January 10, 2018 City Council meeting discussion. Changes include providing an advance grant for advertising purposes and removing a required amount of time for a business to have been at their current location. Attachments City of Colleyville Page 1 G1� Y Q�' � COLLEYVILLE rt.x;�� Agenda Number WS-7 Type Worksession Department City Secreta City of Colleyville City Council Agenda Briefing Agenda Date O1/16/2018 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Discussion of the January 16, 2018, City Council regular agenda items City of Colleyville Page 1 G1� Y Q�' � COLLEYVILLE rt.x;�� City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 01/16/2018 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Glade Road Project Phases 1B and 2 Section 551.087 - Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Attachments City of Colleyville Page 1 RESOLUTION R-18-4221 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF )ANUARY 16, 2018 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 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 16T" DAY OF JANUARY 2018. Mayor Richard Newton Place 1, Tammy Nakamura Place 4, George Dodson Place 6, Mike Taylor ATTEST: Christine Loven, TRMC City Secretary Mayor Pro Tem Bobby Lindamood Place 3, Kathy Wheat Place 5, Nancy Coplen CITY OF COLLEYVILLE Richard Newton Mayor RESOLUTION R-18-4222 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF ]ANUARY 16, 2018 WHEREAS, City 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 City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of January 10, 2018 b. Approval of the Quarter 1 Promotion program to assist businesses located within the SH26 construction corridor, and authorizing the city manager to execute all grants under the program AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 16T" DAY OF JANUARY 2018. Mayor Richard Newton Place 1, Tammy Nakamura Place 4, George Dodson Place 6, Mike Taylor ATTEST: Christine Loven, TRMC City Secretary Mayor Pro Tem Bobby Lindamood Place 3, Kathy Wheat Place 5, Nancy Coplen CITY OF COLLEYVILLE Richard Newton Mayor �1 S � C�F' ,...- C�LLEYVIL�.E r F � � ti City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, January 10, 2018 Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Wednesday, January 10, 2018, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Brian Riley, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Marketing Coordinator Dustin Dangli, Information Services Manager Chris Pena, Intern Brittney Huff, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Update on CWD Transition Assistant City Manager Adrienne Lothery presented this item and briefed the City Council. Manager Lothery introduced Nicole Roemer, account representative, CWD, who was available to answer questions. There was general discussion of the leaf and tree recycle program, CWD customer service, hours trucks are in the City, household hazardous waste, and commercial accounts. WS-2 Discussion of public art in City roundabouts Assistant City Manager Adrienne Lothery presented this item and briefed the City Council. There was discussion regarding the theme of the sculptures throughout the City. City Council requested children, horses, sports - items which highlight the City's history and current community trends and suggested additional locations, beyond roundabouts be considered, and the opportunity for civic organizations to sponsor art pieces. WS-3 Discussion of the QiP business promotion program Marketing Coordinator Dustin Dangli presented this item and briefed the City Council. There was discussion regarding how to design the program, immediate assistance, development and review of the program, and changes which could be evaluated and rolled out with the next quarter. City of Col/eyvi/le Page 1 Citv Council Minutes - DRAFT Januarv 10, 2018 WS-4 Discussion of leasing City Hall office space to the Chamber of Commerce City Manager City Council. questions. Jerry Ducay and Mayor Newton presented this item and briefed the Chamber Chair Tim Funderburk was also present to answer Councilmember Taylor expressed concerns for bringing a third party into City offices. Councilmember Coplen expressed concerns for not having more separation between City and Chamber. Mayor Pro Tem Lindamood stated he believes the Chamber can help our local businesses. The City Council agreed to move forward with bringing the lease agreement before the City Council at the January 16, 2018 City Council meeting. WS-5 Discussion of the January 10, 2018, City Council regular agenda items Mayor Newton explained how item 4a would be conducted as it is a presentation and discussion, not a public hearing. Mayor Newton adjourned the worksession at 6:37 p.m. Mayor Newton called the Executive Session to order at 6:37 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney on the following legal issues requiring consultation with the attorney: • Developer agreements with the Village Owners Association Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Glade Road Project Phases 1B and 2 City of Col/eyvi/le Page 2 City Council Minutes - DRAFT January 10, 2018 • City real property and facilities located within the Village at Colleyville • Acquisition of real property along Highway 26 Section 551.087 - Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 6:53 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor. INVOCATION: Bruce Crandall, Counselor in the Bishopric Church of ]esus Christ of Latter-day Saints PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-18-4215 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Pro Tem Bobby Lindamood wished all a happy new year. In recognition of the Featured Business of the Month - Schroeder Orthodontics, 1201 Hall-Johnson Road, - Mayor Richard Newton and Assistant City Manager Mark Wood City of Col/eyvi/le Page 3 City Council Minutes - DRAFT January 10, 2018 Mayor Richard Newton and Assistant City Manager Mark Wood welcomed Dr. Jesse Schroeder and thanked him for his long service to the community and recognized Schroeder Orthodontics as the featured business of the month. Dr. Schroeder thanked the Mayor and Council for the recognition and explained Schroder Orthodontics is the top 1-percent worldwide INVISALIGN provider. Councilmember Taylor noted Dr. Schroeder always supplies the frames for the photos taken with Santa at the Lion's Club Breakfast with Santa. 4. DISCUSSION OF ITEMS NOT FOR ACTION 4a Texas Department of Transportation (TxDOT) update on State Highway 26 (SH26) Mr. Minh Tran, PE, North Tarrant County Engineer, TxDOT, introduced Billy Harvard, project Manager and Stephen Ranft, SH26 Mobility Project Manager, and gave a presentation regarding the progress and time line for the SH26 construction project and answered questions from citizens and the City Council. Mayor Newton stated there are weekly meetings between TxDOT and City staff and City Council. He further stated as the transition into Phase II occurs the objective is to be done quickly by breaking the three miles into three sections and construct and change traffic by section. Mayor Newton stated as the left turn goes away, businesses and citizens will be inconvenienced and this presentation and planning is an attempt to minimize that stress and communicate the plan. He further stated the City will communicate and work diligently to inform citizens and businesses throughout the entire process. Mayor Newton also noted TxDOT and the City will conduct meetings to communicate all the plans and changes as they are occurring. Mayor and City Council provided direction to Mr. Minh for communication to the contractor and for planning. The highlights included: Work 24/7 in each intersection to get them complete in three days, not seven or 14; improve the striping so lanes are clearly marked; add barrels to clearly mark the intersection and path of travel; straighten the cross cuts so travelers know how to stay within the intersection; clean up the debris (nails and bolts); communicate regarding closures and changes and do not change without communicating same to the City; enforce the traffic speed; time the lights better. Public Works Director Jeremy Hutt and Mr. Tran answered additional questions regarding timing of the phases and work sections. Mayor Newton gave an overview of the milestones which are being used to mark the project, incentives and disincentives. City of Col/eyvi/le Page 4 City Council Minutes - DRAFT January 10, 2018 Mayor Newton encouraged citizens to log on to SH26project.com or text ROADS to 48421 to receive updates as they occur. 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-18-4216 5a Approval of the minutes of the regular City Council meeting of December 19, 2017 Mayor Newton read Resolution R-18-4216 in its entirety. Mayor Newton opened the public hearing at 8:46 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:46 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-18- 4216, Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7— Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-18-4217 Approval of a resolution calling a General Election for the purpose of electing City Councilmembers to Place 5 and Place 6 Mayor Newton read Resolution R-18-4217 in its entirety. Mayor Newton recapped the resolution provides for Tarrant County Elections Administration to conduct the election, hire and provide the election judges and clerks, and set the time and location for early voting. Mayor Newton opened the public hearing at 8:54 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:54 p.m. Councilmember podson made a motion to approve Resolution R-18-4217, Councilmember Taylor seconded the motion. The motion to approve carried with the following vote: Aye: 7— Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor City of Col/eyvi/le Page 5 City Council Minutes - DRAFT January 10, 2018 6b Resolution R-18-4218 Consideration of a minor plat for Nguyen Johnson Addition on property legally described as Tract 1A01B, Abstract 1756, in the A T Young Survey, located at 216 W. Glade Road, Case PC17-019 Mayor Newton read Resolution R-18-4218 in its entirety. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff if the property extends into Bills Lane. Director Bryner stated it does not and the exhibit will be cleaned up to ensure the boundaries are clear. Councilmember Nakamura asked staff if the resident has always owned the property and if the home is being built for themselves or someone else. Director Bryner stated it is staff's understanding the home is being built for the applicant. Councilmember Taylor asked staff if the direction the house will face is known. Director Bryner stated his best guess is the home will face West Glade. Councilmember Taylor stated the zoning on the property means the lot cannot be subdivided. Director Bryner concurred. Councilmember Taylor stated for the record, the waiver request is unique to this one lot. Director Bryner concurred. Mayor Newton opened the public hearing at 9:02 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:02 p.m. Councilmember Wheat made a motion to approve Resolution R-18-4218, Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7— Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 6c Resolution R-18-4219 A resolution designating electioneering and election signage locations on public property at Colleyville City Hall Mayor Newton read Resolution R-18-4219 in its entirety. Mayor Newton asked City Attorney Whitt Wyatt to comment on the resolution. Attorney Wyatt said state law states the City cannot prohibit electioneering on City City of Col/eyvi/le Page 6 City Council Minutes - DRAFT January 10, 2018 property outside the 100-foot radius from the polling location and a recent U.S. Supreme Court's opinion prohibits the enforcement of certain portions of the City's existing sign ordinance. Therefore, this resolution will allow compliance while City staff continues to work on a comprehensive update to the Land Development Code, which will include updates to the City's sign ordinance, including political sign regulations, to ensure compliance with the current changes in the law. There was discussion regarding the measurement of the visibility triangle and publicizing the electioneering areas. Mayor Newton opened the public hearing at 9:32 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:32 p.m. Councilmember Nakamura made a motion to approve Resolution R-18- 4219, with an amendment to clearly identify on the map attachment the 25 foot visibility triangle measured 25 foot in each direction from the intersection, measured from the back of the curb and adding, in addition, a copy of the electioneering map shall be posted at each public entrance of the City Hall polling location during the voting period, to Sec. 8. Councilmember Taylor seconded the motion. The motion to approve carried with the following vote: Aye: 7— Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Handley, 204 Timberline North, spoke regarding her appreciation of the tree preservation efforts at Bransford and Glade Road, City staff, the police chief search, and GCISD. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 10, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18- 4220 This resolution was not needed. 9. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:45 p.m. City of Col/eyvi/le Page 7 City Council Minutes - DRAFT January 10, 2018 APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 16TH DAY OF JANUARY 2018. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Col/eyvi/le Page 8 G1� Y Q�' � COLLEYVILLE rt.x;�� City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 01/16/2018 Number Type Resolution Department City Manager Title Approval of the Quarter 1 Promotion program to assist businesses located within the SH26 construction corridor, and authorizing the city manager to execute all grants under the program Strategic Plan 4.2 Encourage compatible commercial growth Explanation Reading and Public Hearing The Quarter 1 Promotion is a program designed to assist businesses that have been impacted by the Texas Department of Transportation's SH26 Project by providing grants for advertising. Businesses located within the construction corridor, from John McCain Road to Brown Trail, can apply for a grant up to $1,000 from the City of Colleyville to use toward advertising through March 31, 2018. The City of Colleyville will approve all proposed advertising material to make sure each meets the City's requirements. Eligible businesses must be located within the construction corridor, generate sales tax, and must mention the City of Colleyville in the advertisement beyond the business's address. Financial Impact The City has budgeted $100,000 from the Tax Increment Fund. Recommendation Approve Attachments City of Colleyville Page 1 C.�`1 Y �F � COLLEYVILLE r r_ x ;� `= City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 01/16/2018 Number Resolution R-18-4223 Type Resolution Department City Manager Title Approval of an Interlocal Agreement with the Fort Worth Transportation Authority, (FWTA) for quiet zone implementation and maintenance Strategic Plan 5.4 Actively seek public/private partnerships Explanation Reading and Public Hearing In the effort to establish a quiet zone designation along the railroad, the City of Colleyville entered into an agreement (prior ILA) on October 22, 2012, with the Fort Worth Transportation Authority (FWTA). In accordance with the terms of the prior ILA, the City of Colleyville has fully satisfied its obligations related to grant funding and the agreement has since expired. The City of Colleyville and FWTA wish to enter into a new agreement which will replace the existing expired agreement. The proposed agreement will clearly define the maintenance responsibilities for both parties. The responsibility for maintenance of all current and future quiet zones within Colleyville shall be apportioned as follows: 1. Colleyville shall be solely responsible for the maintenance of its public roadway, and only that portion of the roadway falling outside of the transition slab areas as depicted in the Rail ROW Maintenance Delineation photograph, attached hereto as Exhibit "A". Colleyville's maintenance obligations under this section expressly exclude any/all equipment related to the operation of Rail Line, including, without limitation, all electronic detector loops and all other equipment embedded in the street pavement; 2. Colleyville will be responsible for coordinating with FWTA when any non- emergency maintenance or repairs are to be performed to the public roadways within twenty-five feet (25') of the railroad track; 3. FWTA, in connection with DART, shall be responsible for the maintenance and repair of all equipment related to the Rail Line and operation of the quiet zones other than the foregoing public roadway surfaces. FWTA's maintenance responsibility under this section includes, without limitation all tracks, ballasts, and related equipment between the transition slabs, the transition slabs, and all City of Colleyvi//e Page 1 City Council Agenda Briefing 5a other equipment related to the signals and quad gates at the existing quiet zone locations. FWTA will be responsible for coordinating with Colleyville when any maintenance and/or repair work will involve materially altering the City's public roadway surface or foundation; 4. FWTA will be responsible for coordinating with DART, when such coordination is required, to perform any maintenance or repairs to be performed by the parties under this Agreement; and 5. FWTA, its employees and its contractor shall use reasonable care to avoid damaging any existing buildings, equipment and vegetation owned by City on or about the Rail Line and any adjacent property owned by or under the control of City while performing its maintenance and repair obligations under this Agreement. If the failure to use reasonable care by FWTA, its employees or contractors results in damage to property owned by the City, FWTA and/or its contractor shall immediately make an appropriate replacement or repair the damage at no cost or expense to City. If FWTA or its contractor fails or refuses to make such replacement, City shall have the right, but not the obligation, to make or affect any such repair or replacement at the sole cost and expense of FWTA, which cost and expense FWTA agrees to pay to City upon written demand. The proposed agreement is for a period of five years and will automatically renew for a period of one year unless terminated sooner pursuant to any one of the terms outlined in the proposed agreement. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. Proposed ILA 2. Exhibit A City of Colleyvi/le Page 2 Interlocal Agreement by and between City of Colleyville and Fort Worth Transportation Authority for Quiet Zone Implementation and Maintenance This Interlocal Agreement for Quiet Zone Implementation and Maintenance, hereinafter called "Agreement," is made by and between the City of Colleyville a Texas home rule city, hereinafter called "City" or "Colleyville," and the Fort Worth Transportation Authority, a political subdivision of the State of Texas created pursuant to Chapter 452 of the Transportation Code, hereinafter called "FWTA", (collectively referred to as the "Parties" or individually as "Party"), acting by and through their authorized representatives. RECITALS WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code, the Fort Worth Transportation Authority, a regional transportation 'authority and a political subdivision of the State of Texas, created and existing pursuant to Chapter 452 of the Transportation Code, and the City of Colleyville, a Texas home rule city, may exercise jointly the power to provide governmental services for the public health, safety and welfare; and WHEREAS, pursuant to that certain Quiet Zone Implementation Interlocal Agreement effective October 22, 2012, between Colleyville and FWTA the "Prior ILA", FWTA is operating and maintaining a public rail transportation system within the Cotton Belt rail corridor within the City limits, ("the Rail Corridor") which is presently owned by Dallas Area Rapid Transit "DART"; and WHEREAS, the Colleyville has fully satisfied its obligations under the Priar ILA related to grant funding in accordance with the terms of the Prior ILA, which has now expired; and WHEREAS, the Parties hereby intend that this Agreement shall fully supersede and replace the Prior ILA; and WHEREAS; Colleyville, for the benefit of its residents, desires to reduce noise and increase safety associated with operation of train service on the Cotton Belt rail line by eliminating train whistles through the implementation and maintenance of quiet zones and quad gates or non-mountable barriers along the Rail Corridor; and WHEREAS; it is desirable and appropriate to have uniform implementation and maintenance of quiet zones along the Rail Corridor and other potential rail lines in the area; and WHEREAS; Colleyville applied and received grant funding to design, build, and implement quiet zones in Colleyville along the Rail Corridor; and WHEREAS; there may be additional quiet zones on the Cotton Belt and other rail lines utilized for commuter rail service; and WHEREAS; it is desirable and appropriate to have uniform implementation of quiet zones on the PAGE 1 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA Cotton Belt Rail Corridor and other service lines in the area; and WHEREAS; quiet zone implementation requires coordination among the city (ies) in which the railroad tracks are located, the Federal Railway Administration, hereinafter called the "FRA," the owner of the rail corridor (DART) and the involved railroads; and WHEREAS; FWTA has the expertise to manage and oversee the design, construction, implementation and maintenance of quiet zones and is willing to assist Colleyville; and WHEREAS; Colleyville desires to utilize FWTA's expertise in the management and oversight of the design, construction and implementation of quiet zones in Colleyville; and WHEREAS; the FWTA desires to manage and oversee the design, construction, implementation and maintenance of quiet zones in Colleyville. NOW THEREFORE, for and in consideration of the promises and the mutual covenants set forth in this Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT I. Purpose The purpose of this Agreement is to set forth the Parties' understanding and agreement regarding their respective obligations concerning the present and future quiet zones along the Rail Corridor within the City limits of the City of Colleyville, Texas. II. Obligations of the Parties FWTA shall have the following obligations under this Agreement: A. Work together with Colleyville on any necessary design, construction, and implementation of quiet zones in Colleyville, including the following existing quiet zones implemented under the Prior ILA: 1. Bransford Road 2. Pleasant Run Road, and 3. John McCain Road; B. Maintain and repair all quiet zones in Colleyville in accordance with Article III of this Agreement; C. Provide draft Request(s) for Proposal for Colleyville to solicit qualified design and consulting firms to undertake the diagnostic analysis and design necessary for construction of any additional quiet zones to be constructed in Colleyville, including gate-controlled pedestrian crossings for any existing quiet zone location on the Cotton Belt Rail Corridor; PAGE 2 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA D. Evaluate and procure the design and consulting firms who submit proposals under this Agreement. Such procurement shall be in full accordance with FWTA's procurement policies and applicable law; E. Manage the selected design and consulting firms in the preparation of any design packages forbidding; F. Assist the selected firm(s) and coordinate with all stakeholders, including the FRA, TXDOT, DART and FWWR on all issues related to the design, permitting and construction of quad gate and gate controlled pedestrian crossings at all quiet zone locations; G. Issue the appropriate design packages for the construction and implementation contracts for the quietzones; H. Provide construction management services for any construction associated with the construction of quad gates and gate-controlled pedestrian crossings at each location and implementationofquietzones; L Coordinate all of the above activities with DART; J. FWTA shall be responsible for the costs of any audit, including any single audit required by OMB Circular A-133; K. FWTA shall ensure that the project is completed in full compliance with all applicable laws, including the Davis-Bacon Act where applicable; and L. The above services will be done at FWTA's sole expense and cost. Colleyville shall have the following obligations under this Agreement: A. Work together with FWTA on any necessary design, construction and implementation of quiet zones in Colleyville; B. Solely to the extent of any future funding dedicated for the same, Colleyville will engage in cost participation in the design, construction and implementation of any newly constructed quiet zones and/or gate-controlled crossings in Colleyville on the Rail Corridor; and C. When agreed by the Parties, Colleyville will procure the design and construction contracts for implementation of the quiet zones. PAGE 3 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA III. Quiet Zone Maintenance Responsibility for maintenance of all current and future quiet zones within Colleyville shall be apportioned as follows: A. Colleyville shall be solely responsible for the maintenance of its public roadway, and only that portion of the roadway falling outside of the transition slab areas as depicted in the Rail ROW Maintenance Delineation photograph, attached hereto as E�iibit "A". Colleyville's maintenance obligations under this section expressly exclude any/all equipment related to the operation of Rail Line, including, without limitation, all electronic detector loops and all other equipment embedded in the street pavement; B. Colleyville will be responsible for coordinating with FWTA when any non- emergency maintenance or repairs are to be performed to the public roadways within twenty-five feet (25') of the railroad track; C. FWTA, in connection with DART, shall be responsible for the maintenance and repair of all equipment related to the Rail Line and operation of the quiet zones other than the foregoing public roadway surfaces. FWTA's maintenance responsibility under this section includes, without limitation, all tracks, ballast, and related equipment between the transition slabs, the transition slabs, and all other equipment related to the signals and quad gates at the existing quiet zone locations. FWTA will be responsible for coordinating with Colleyville when any maintenance and/or repair work that will involve materially altering the City's public roadway surface or foundation; D. FWTA will be responsible for coordinating with DART, when such coordination is required to perform any maintenance or repairs to be performed by the Parties under this Agreement; and E. FWTA, its employees and its contractor shall use reasonable care to avoid damaging any existing buildings, equipment and vegetation owned by City on or about the Rail Line and any adjacent property owned by or under the control of City while performing its maintenance and repair obligations under this Agreement. If the failure to use reasonable care by FWTA, its employees ar contractors results in damage to property owned by City, FWTA and/or its contractor shall immediately make an appropriate replacement or repair the damage at no cost or expense to City. If FWTA or its contractar fails or refuses to make such replacement, City shall have the right, but not the obligation, to make or affect any such repair or replacement at the sole cost and expense of FWTA, which cost and expense FWTA agrees to pay to City upon written demand. PAGE 4 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA IV. Insurance and Indemnity A. Colleyville and FWTA shall provide sufficient insurance or self-insurance to meet the requirements of their respective obligations under this Agreement and both shall agree upon the amounts and types of coverage required. The City's insurance requirements shall be included in any construction contracts awarded to successful contractors. B. To the extent allowed by law and the Texas Constitution, with respect to any claim arising from the sole activities, responsibilities and obligations as defined in this Agreement of one of the parties to this Agreement, then such party whose activities gave rise to such claim shall hold harmless, assume the defense of, defend and indemnify the non- responsible party, its directors, council persons, officers, employees, agents, and assigns, as thecase may be, for any and all causes of action, claims, damages, demands, liabilities, losses, obligations, costs or expenses suffered or incurred at any time during the term of this agreement, arising out of or from any accident or other injury or damage to personal property or real property, or other injury or death of an individual or individuals as a result of the negligent and/or willful or wanton actions or omissions or misconduct of the responsible party, and/or that party's ofiicers, directors, council persons, officers, employees and agents. C. With regard to any claim or lawsuit arising from the joint ar concurrent activities responsibilities and obligations of the parties to this Agreement, then a proportionate or percentage allocation of the handling and cost of the defense, settlement, satisfaction, payment or other resolution of such claim or lawsuit shall be determined by mutual agreement of the parties. Should the parties fail to reach such agreement, then their respective responsibilities (if any) shall be determined by the Texas law of proportionate responsibility under Chapter 33 of the TEX.CIV.PRAC.REM. CODE, as amended, and its successor provisions, or other statute or common law apportioning liability between joint tortfeasors, pursuant to a final judgment rendered by a court of appropriate jurisdiction. With regard to any claim or lawsuit that allege the damage or injury complained of is the result of the joint or concurrent activities of the parties, the parties agree to jointly defend such claim or lawsuit by means of a joint defense; provided, however, that nothing herein shall limit each respective party from settling or disposing of its own potential liability prior to or subsequent to the final adjudication of such claim or lawsuit. A settlement of a claim or lawsuit by one party shall not be binding upon the other party, absent that party's express prior writtenconsent. V. Miscellaneous A. Colleyville and FWTA will meet periodically as mutually agreed to coordinate the implementation and maintenance of the quiet zones identified in this Agreement. B. The Initial Term of this Agreement shall commence as of October 1, 2017, and end on PAGE S INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA September 30, 2022. After the end of the Initial Term, the term of this Agreement shall automatically renew for periods of one (1) year each beginning on October 1 and ending on September 30 of the immediately following calendar year (each being a"Renewal Period") unless terminated sooner pursuant to any one or more of the following terms: 1. This Agreement may be terminated by either Party effective on the last day of the Initial Term of any Renewal Period for any reason or no reason by giving written notice to the other Party not later than August 1 st during the Initial Term or the then current Renewal Period, whichever is applicable; or 2. Either Party may terminate this Agreement by providing not less than 180 days' notice prior to the date of termination to the other Party, with or without any reason for such termination. C. It is expressly understood and agreed by the parties to this Agreement that if the performance of any provision is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. D. It is specifically understood and agreed that the relationship described in this Agreement is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Nor shall either party be liable for any debts or liabilities incurred by the other party for operations or activities not contemplated by this Agreement. E. This Agreement may be executed in multiple counterparts. Each such counterpart shall be deemed an original of this Agreement, so that in making proof of this Agreement, it shall only be necessary to produce or account for one such counterpart. E This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified, or supplemented only by an instrument or instruments in writing executed by all of the parties. G. Any captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provision. PAGE C INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA H. This Agreement and all agreements entered into in connection with the transactions contemplated by this Agreement are, and will be, executed and delivered, and are intended to be performed in the County of Tarrant, State of Texas, and the laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. In the event of litigation between the parties hereto, their successors or assigns, with regard to this Agreement and any subsequent supplementary agreements or amendments, venue shall lie exclusively in Tarrant County, Texas. L In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal or unenforceable provision(s) to carry out as near as possible the original intent of the parties. J. If future federal, state or local statute, ordinance, regulation, rule or action render this Agreement or in part, illegal, invalid, unenforceable or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable and/or practical. Each section, paragraph or provision of this Agreement shall be considered severable, and if for any reason any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. I n the event that a future federal, state or local statute, ordinance, regulation, rule or action renders this Agreement in whole illegal, invalid, unenforceable or impractical and either one or both of the parties to this Agreement agree that it is impossible or impracticable to continue to the purpose of this Agreement, then, this Agreement, if not already terminated by operation of law, may be terminated by either party. K. If any party initiates an action to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the other parties all reasonable and necessary costs and expenses, including reasonable attorneys' fees and costs incurred in connection with suchaction. L. All of the terms, conditions, warranties and representations contained in this Agreement shall survive, in accordance with their terms, and shall survive the execution hereof. M. It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this agreement shall not create any rights in parties not signatories hereto. PAGE 7 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA N. Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the content, approval, notice, request, proposal, or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the address(es) shown below: If intended for City, to: City of Colleyville, Texas Attn: Jerry Ducay City Manager 100 Main St Colleyville, Texas 76034 817.503.1000 If intended for FWTA, to: Fort Worth Transportation Authority Attn: Richard L. Ruddell President/EXecutive Directar 1600 E. Lancaster Fort Worht, TeXas 76102 With a copy to: Whitt L. Wyatt City Attorney Nichols, Jackson, LLP 1800 Ross Tower 500 N. Akard Dallas, TeXas 75201 214.965.0010 — facsimile With a Copy to: General Counsel Fort Worth Transportation Authority 1600 E. Lancaster Fort Worth, Texas 76102 O. The parties deem the execution date of this Agreement to be the date on which the last of the parties hereto execute. signatures on following page PAGE H INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA SIGNED AND AGREED this day of , 2017. CITY OF COLLEYVILLE : Jerry Ducay, City Manager EXECUTED this day of , 2017. FORT WORTH TRANSPORTATION AUTHORITY : Bob Baulsir, VP of Rail and Procurement PAGE 9 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA EXHIBIT A Rail ROW Maintenance Delineation Photo � �� - I�" �' �' ��`, ' - _ _t - . ,� �=.�i _ `_ �y �� r=4 _ - �� _ - .� , r - - - _-` �f . �� ". �_ � ��,�.- 6 �'� _�. te ._ _ ,y; �, I > � _ .,t� F: _ - = JI _ � �' "�� , � : -- --- � CITY means the City of Colleyville, Texas. RR means FWTA, DART, and/or any other entity in possession and control of the railroad ROW areas generally depicted in the above photo. PAGE 1 I EXHIBIT A EXHIBIT A Rail ROW Maintenance Delineation Photo � �� - I�" �' �' ��`, ' - _ _t - . ,� �=.�i _ `_ �y �� r=4 _ - �� _ - .� , r - - - _-` �f . �� ". �_ � ��,�.- 6 �'� _�. te ._ _ ,y; �, I > � _ .,t� F: _ - = JI _ � �' "�� , � : -- --- � CITY means the City of Colleyville, Texas. RR means FWTA, DART, and/or any other entity in possession and control of the railroad ROW areas generally depicted in the above photo. PAGE 1 I EXHIBIT A RESOLUTION R-18-4223 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH THE FORT WORTH TRANSPORTATION AUTHORITY, (FWTA) FOR QUIET ZONE IMPLEMENTATION AND MAINTENANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Colleyville City Council desires to utilize partnerships to enhance efficiencies and minimize budgetary impacts to City services; and WHEREAS, the City Council desires to enter into an Interlocal Agreement with the Fort Worth Transportation Authority for quiet zone implementation and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby approves an Interlocal Agreement with the Fort Worth Transportation Authority for quiet zone implementation and maintenance, attached as Exhibit ��A", and authorizes the city manager to execute the agreement. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 16T" DAY OF JANUARY 2018. Mayor Richard Newton Place 1, Tammy Nakamura Place 4, George Dodson Place 6, Mike Taylor ATTEST: Christine Loven, TRMC City Secretary Mayor Pro Tem Bobby Lindamood Place 3, Kathy Wheat Place 5, Nancy Coplen CITY OF COLLEYVILLE Richard Newton Mayor Exhibit "A" Interlocal Agreement by and between City of Colleyville and Fort Worth Transportation Authority for Quiet Zone Implementation and Maintenance This Interlocal Agreement for Quiet Zone Implementation and Maintenance, hereinafter called "Agreement," is made by and between the City of Colleyville a Texas home rule city, hereinafter called "City" or "Colleyville," and the Fort Worth Transportation Authority, a political subdivision of the State of Texas created pursuant to Chapter 452 of the Transportation Code, hereinafter called "FWTA", (collectively referred to as the "Parties" or individually as "Party"), acting by and through their authorized representatives. RECITALS WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code, the Fort Worth Transportation Authority, a regional transportation 'authority and a political subdivision of the State of Texas, created and existing pursuant to Chapter 452 of the Transportation Code, and the City of Colleyville, a Texas home rule city, may exercise jointly the power to provide governmental services for the public health, safety and welfare; and WHEREAS, pursuant to that certain Quiet Zone Implementation Interlocal Agreement effective October 22, 2012, between Colleyville and FWTA the "Prior ILA", FWTA is operating and maintaining a public rail transportation system within the Cotton Belt rail corridor within the City limits, ("the Rail Corridor") which is presently owned by Dallas Area Rapid Transit "DART"; and WHEREAS, the Colleyville has fully satisfied its obligations under the Priar ILA related to grant funding in accordance with the terms of the Prior ILA, which has now expired; and WHEREAS, the Parties hereby intend that this Agreement shall fully supersede and replace the Prior ILA; and WHEREAS; Colleyville, for the benefit of its residents, desires to reduce noise and increase safety associated with operation of train service on the Cotton Belt rail line by eliminating train whistles through the implementation and maintenance of quiet zones and quad gates or non-mountable barriers along the Rail Corridor; and WHEREAS; it is desirable and appropriate to have uniform implementation and maintenance of quiet zones along the Rail Corridor and other potential rail lines in the area; and WHEREAS; Colleyville applied and received grant funding to design, build, and implement quiet zones in Colleyville along the Rail Corridor; and WHEREAS; there may be additional quiet zones on the Cotton Belt and other rail lines utilized for commuter rail service; and WHEREAS; it is desirable and appropriate to have uniform implementation of quiet zones on the PAGE 1 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA Cotton Belt Rail Corridor and other service lines in the area; and WHEREAS; quiet zone implementation requires coordination among the city (ies) in which the railroad tracks are located, the Federal Railway Administration, hereinafter called the "FRA," the owner of the rail corridor (DART) and the involved railroads; and WHEREAS; FWTA has the expertise to manage and oversee the design, construction, implementation and maintenance of quiet zones and is willing to assist Colleyville; and WHEREAS; Colleyville desires to utilize FWTA's expertise in the management and oversight of the design, construction and implementation of quiet zones in Colleyville; and WHEREAS; the FWTA desires to manage and oversee the design, construction, implementation and maintenance of quiet zones in Colleyville. NOW THEREFORE, for and in consideration of the promises and the mutual covenants set forth in this Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT I. Purpose The purpose of this Agreement is to set forth the Parties' understanding and agreement regarding their respective obligations concerning the present and future quiet zones along the Rail Corridor within the City limits of the City of Colleyville, Texas. II. Obligations of the Parties FWTA shall have the following obligations under this Agreement: A. Work together with Colleyville on any necessary design, construction, and implementation of quiet zones in Colleyville, including the following existing quiet zones implemented under the Prior ILA: 1. Bransford Road 2. Pleasant Run Road, and 3. John McCain Road; B. Maintain and repair all quiet zones in Colleyville in accordance with Article III of this Agreement; C. Provide draft Request(s) for Proposal for Colleyville to solicit qualified design and consulting firms to undertake the diagnostic analysis and design necessary for construction of any additional quiet zones to be constructed in Colleyville, including gate-controlled pedestrian crossings for any existing quiet zone location on the Cotton Belt Rail Corridor; PAGE 2 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA D. Evaluate and procure the design and consulting firms who submit proposals under this Agreement. Such procurement shall be in full accordance with FWTA's procurement policies and applicable law; E. Manage the selected design and consulting firms in the preparation of any design packages forbidding; F. Assist the selected firm(s) and coordinate with all stakeholders, including the FRA, TXDOT, DART and FWWR on all issues related to the design, permitting and construction of quad gate and gate controlled pedestrian crossings at all quiet zone locations; G. Issue the appropriate design packages for the construction and implementation contracts for the quietzones; H. Provide construction management services for any construction associated with the construction of quad gates and gate-controlled pedestrian crossings at each location and implementationofquietzones; L Coordinate all of the above activities with DART; J. FWTA shall be responsible for the costs of any audit, including any single audit required by OMB Circular A-133; K. FWTA shall ensure that the project is completed in full compliance with all applicable laws, including the Davis-Bacon Act where applicable; and L. The above services will be done at FWTA's sole expense and cost. Colleyville shall have the following obligations under this Agreement: A. Work together with FWTA on any necessary design, construction and implementation of quiet zones in Colleyville; B. Solely to the extent of any future funding dedicated for the same, Colleyville will engage in cost participation in the design, construction and implementation of any newly constructed quiet zones and/or gate-controlled crossings in Colleyville on the Rail Corridor; and C. When agreed by the Parties, Colleyville will procure the design and construction contracts for implementation of the quiet zones. PAGE 3 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA III. Quiet Zone Maintenance Responsibility for maintenance of all current and future quiet zones within Colleyville shall be apportioned as follows: A. Colleyville shall be solely responsible for the maintenance of its public roadway, and only that portion of the roadway falling outside of the transition slab areas as depicted in the Rail ROW Maintenance Delineation photograph, attached hereto as E�iibit "A". Colleyville's maintenance obligations under this section expressly exclude any/all equipment related to the operation of Rail Line, including, without limitation, all electronic detector loops and all other equipment embedded in the street pavement; B. Colleyville will be responsible for coordinating with FWTA when any non- emergency maintenance or repairs are to be performed to the public roadways within twenty-five feet (25') of the railroad track; C. FWTA, in connection with DART, shall be responsible for the maintenance and repair of all equipment related to the Rail Line and operation of the quiet zones other than the foregoing public roadway surfaces. FWTA's maintenance responsibility under this section includes, without limitation, all tracks, ballast, and related equipment between the transition slabs, the transition slabs, and all other equipment related to the signals and quad gates at the existing quiet zone locations. FWTA will be responsible for coordinating with Colleyville when any maintenance and/or repair work that will involve materially altering the City's public roadway surface or foundation; D. FWTA will be responsible for coordinating with DART, when such coordination is required to perform any maintenance or repairs to be performed by the Parties under this Agreement; and E. FWTA, its employees and its contractor shall use reasonable care to avoid damaging any existing buildings, equipment and vegetation owned by City on or about the Rail Line and any adjacent property owned by or under the control of City while performing its maintenance and repair obligations under this Agreement. If the failure to use reasonable care by FWTA, its employees ar contractors results in damage to property owned by City, FWTA and/or its contractor shall immediately make an appropriate replacement or repair the damage at no cost or expense to City. If FWTA or its contractar fails or refuses to make such replacement, City shall have the right, but not the obligation, to make or affect any such repair or replacement at the sole cost and expense of FWTA, which cost and expense FWTA agrees to pay to City upon written demand. PAGE 4 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA IV. Insurance and Indemnity A. Colleyville and FWTA shall provide sufficient insurance or self-insurance to meet the requirements of their respective obligations under this Agreement and both shall agree upon the amounts and types of coverage required. The City's insurance requirements shall be included in any construction contracts awarded to successful contractors. B. To the extent allowed by law and the Texas Constitution, with respect to any claim arising from the sole activities, responsibilities and obligations as defined in this Agreement of one of the parties to this Agreement, then such party whose activities gave rise to such claim shall hold harmless, assume the defense of, defend and indemnify the non- responsible party, its directors, council persons, officers, employees, agents, and assigns, as thecase may be, for any and all causes of action, claims, damages, demands, liabilities, losses, obligations, costs or expenses suffered or incurred at any time during the term of this agreement, arising out of or from any accident or other injury or damage to personal property or real property, or other injury or death of an individual or individuals as a result of the negligent and/or willful or wanton actions or omissions or misconduct of the responsible party, and/or that party's ofiicers, directors, council persons, officers, employees and agents. C. With regard to any claim or lawsuit arising from the joint ar concurrent activities responsibilities and obligations of the parties to this Agreement, then a proportionate or percentage allocation of the handling and cost of the defense, settlement, satisfaction, payment or other resolution of such claim or lawsuit shall be determined by mutual agreement of the parties. Should the parties fail to reach such agreement, then their respective responsibilities (if any) shall be determined by the Texas law of proportionate responsibility under Chapter 33 of the TEX.CIV.PRAC.REM. CODE, as amended, and its successor provisions, or other statute or common law apportioning liability between joint tortfeasors, pursuant to a final judgment rendered by a court of appropriate jurisdiction. With regard to any claim or lawsuit that allege the damage or injury complained of is the result of the joint or concurrent activities of the parties, the parties agree to jointly defend such claim or lawsuit by means of a joint defense; provided, however, that nothing herein shall limit each respective party from settling or disposing of its own potential liability prior to or subsequent to the final adjudication of such claim or lawsuit. A settlement of a claim or lawsuit by one party shall not be binding upon the other party, absent that party's express prior writtenconsent. V. Miscellaneous A. Colleyville and FWTA will meet periodically as mutually agreed to coordinate the implementation and maintenance of the quiet zones identified in this Agreement. B. The Initial Term of this Agreement shall commence as of October 1, 2017, and end on PAGE S INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA September 30, 2022. After the end of the Initial Term, the term of this Agreement shall automatically renew for periods of one (1) year each beginning on October 1 and ending on September 30 of the immediately following calendar year (each being a"Renewal Period") unless terminated sooner pursuant to any one or more of the following terms: 1. This Agreement may be terminated by either Party effective on the last day of the Initial Term of any Renewal Period for any reason or no reason by giving written notice to the other Party not later than August 1 st during the Initial Term or the then current Renewal Period, whichever is applicable; or 2. Either Party may terminate this Agreement by providing not less than 180 days' notice prior to the date of termination to the other Party, with or without any reason for such termination. C. It is expressly understood and agreed by the parties to this Agreement that if the performance of any provision is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. D. It is specifically understood and agreed that the relationship described in this Agreement is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Nor shall either party be liable for any debts or liabilities incurred by the other party for operations or activities not contemplated by this Agreement. E. This Agreement may be executed in multiple counterparts. Each such counterpart shall be deemed an original of this Agreement, so that in making proof of this Agreement, it shall only be necessary to produce or account for one such counterpart. E This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified, or supplemented only by an instrument or instruments in writing executed by all of the parties. G. Any captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provision. PAGE C INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA H. This Agreement and all agreements entered into in connection with the transactions contemplated by this Agreement are, and will be, executed and delivered, and are intended to be performed in the County of Tarrant, State of Texas, and the laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. In the event of litigation between the parties hereto, their successors or assigns, with regard to this Agreement and any subsequent supplementary agreements or amendments, venue shall lie exclusively in Tarrant County, Texas. L In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal or unenforceable provision(s) to carry out as near as possible the original intent of the parties. J. If future federal, state or local statute, ordinance, regulation, rule or action render this Agreement or in part, illegal, invalid, unenforceable or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable and/or practical. Each section, paragraph or provision of this Agreement shall be considered severable, and if for any reason any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. I n the event that a future federal, state or local statute, ordinance, regulation, rule or action renders this Agreement in whole illegal, invalid, unenforceable or impractical and either one or both of the parties to this Agreement agree that it is impossible or impracticable to continue to the purpose of this Agreement, then, this Agreement, if not already terminated by operation of law, may be terminated by either party. K. If any party initiates an action to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the other parties all reasonable and necessary costs and expenses, including reasonable attorneys' fees and costs incurred in connection with suchaction. L. All of the terms, conditions, warranties and representations contained in this Agreement shall survive, in accordance with their terms, and shall survive the execution hereof. M. It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this agreement shall not create any rights in parties not signatories hereto. PAGE 7 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA N. Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the content, approval, notice, request, proposal, or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the address(es) shown below: If intended for City, to: City of Colleyville, Texas Attn: Jerry Ducay City Manager 100 Main St Colleyville, Texas 76034 817.503.1000 If intended for FWTA, to: Fort Worth Transportation Authority Attn: Richard L. Ruddell President/EXecutive Directar 1600 E. Lancaster Fort Worht, TeXas 76102 With a copy to: Whitt L. Wyatt City Attorney Nichols, Jackson, LLP 1800 Ross Tower 500 N. Akard Dallas, TeXas 75201 214.965.0010 — facsimile With a Copy to: General Counsel Fort Worth Transportation Authority 1600 E. Lancaster Fort Worth, Texas 76102 O. The parties deem the execution date of this Agreement to be the date on which the last of the parties hereto execute. signatures on following page PAGE H INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA SIGNED AND AGREED this day of , 2017. CITY OF COLLEYVILLE : Jerry Ducay, City Manager EXECUTED this day of , 2017. FORT WORTH TRANSPORTATION AUTHORITY : Bob Baulsir, VP of Rail and Procurement PAGE 9 INTERLOCAL COOPERATION AGREEMENT FOR QUIET ZONE MAINTENANCE BETWEEN CITY OF COLLEYVILLE AND FWTA EXHIBIT A Rail ROW Maintenance Delineation Photo � �� - I�" �' �' ��`, ' - _ _t - . ,� �=.�i _ `_ �y �� r=4 _ - �� _ - .� , r - - - _-` �f . �� ". �_ � ��,�.- 6 �'� _�. te ._ _ ,y; �, I > � _ .,t� F: _ - = JI _ � �' "�� , � : -- --- � CITY means the City of Colleyville, Texas. RR means FWTA, DART, and/or any other entity in possession and control of the railroad ROW areas generally depicted in the above photo. PAGE 1 I EXHIBIT A G1� Y Q�' � COLLEYVILLE rt.x;�� City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 01/16/2018 Number Resolution R-18-4224 Type Resolution Department City Manager Title Approval of a lease agreement for office space between the Colleyville Chamber of Commerce and the City of Colleyville and authorizing the City Manager to enter into the agreement Strategic Plan 1.1 Actively involve and engage stakeholders Explanation Reading and Public Hearing At the January 10, 2018 City Council Worksession, a lease agreement between the Colleyville Chamber of Commerce and the City was discussed. The City Council directed staff to bring the agreement forward at the January 16, 2018 City Council meeting. The attached proposed resolution will approve the lease agreement as provided as Attachment "A" to the resolution. Financial Impact The City of Colleyville will provide an in-kind contribution to the Colleyville Chamber of Commerce valued at approximately $16,000 per a one-year lease. Recommendation Approve Attachments 1. Resolution R-18-4224 City of Colleyville Page 1 RESOLUTION R-18-4224 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND THE COLLEYVILLE CHAMBER OF COMMERCE FOR LEASE OF CERTAIN CITY HALL PREMISES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Colleyville City Council desires to utilize partnerships to enhance efficiencies and promote economic development and the local economy within the City; and WHEREAS, the City Council desires to enter into a Lease Agreement with the Colleyville Chamber of Commerce who desires to lease office space from the City of Colleyville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby approves the Lease Agreement, attached as Exhibit "A", and authorizes the city manager to execute the agreement. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 16T" DAY OF JANUARY 2018. Mayor Richard Newton Place 1, Tammy Nakamura Place 4, George Dodson Place 6, Mike Taylor ATTEST: Christine Loven, TRMC City Secretary Mayor Pro Tem Bobby Lindamood Place 3, Kathy Wheat Place 5, Nancy Coplen CITY OF COLLEYVILLE Richard Newton Mayor Exhibit "A" LEASE AGREEMENT BETWEEN THE CITY OF COLLEYVILLE, TEXAS AND THE COLLEYVILLE CHAMBER OF COMMERCE FOR LEASE OF CERTAIN CITY HALL PREMISES This Lease Agreement ("Lease" or "Agreement") is entered into by and between the City of Colleyville, Texas ("City"), a Texas home rule municipality, and the Colleyville Chamber of Commerce ("CHAMBER"), a not-profit organization, as of the Effective Date. City and CHAMBER may be referred to jointly herein as the "Parties," and individually as a"Party." RECITALS WHEREAS, CHAMBER provides various services that promote and support the economic vitality and growth of the City of Colleyville; and WHEREAS, CHAMBER is interested in relocating its current administrative and operations offices to a new location within the City Hall Complex in the City of Colleyville; and WHEREAS, the City Hall Complex is located in the City of Colleyville, Texas, at 100 Main Street, Colleyville, Texas (referred to hereafter as "the Leased Premises"); and WHEREAS, City and CHAMBER desire to enter this Agreement to allow CHAMBER to lease office space and parking at the Leased Premises to provide a base of operations for CHAMBER to continue to provide economic development services within the City. NOW, THEREFORE, the Parties hereby make and enter into this Agreement for and in mutual consideration of the covenants and agreements set forth herein. Article 1. Leased Premises 1.1 Demise of Leased Premises: City does hereby lease to CHAMBER, and CHAMBER does hereby lease from City, the portions of the Lease Premises depicted on Exhibit "A", attached hereto and incorporated herein by reference, and more particularly described in Section L2, below. 1.2 City Hall Complex: (a) Area of Leased Premises: The areas within the City Hall Complex which are the subject of this Lease are limited as follows: (1) The office space within City Hall identified on Exhibit A, located at 100 Main Street, Colleyville, Texas; and 1.3 Permitted Use; Access: The Leased Premises shall be occupied and used by CHAMBER, its officers, employees, invitees, and guests, solely for office and vehicle parking uses for the purpose of providing services that promote and support the economic vitality and growth of the City of Colleyville, Texas ("the Permitted Use"). Except as otherwise agreed by the Parties in Page 1� Lease Agreement: City of Colleyville and the Chamber of Commerce writing, CHAMBER shall be permitted access to the Leased Premises only during regular office hours of the City. 1.4 Assignment and Sublease: CHAMBER may not assign this Lease Agreement or sublease the Leased Premises without the written consent of City, which may be withheld at City's sole discretion. 1.5 Entr,�y Landlord: CHAMBER shall permit City or its agents or representatives to enter any part of the Leased Premises at all reasonable hours with prior notice (and in the event of an emergency, at all times without notice) to inspect the same and to make repairs, alterations and/or additions thereto, as City may deem necessary or desirable. 1.6 Impact on Other Vehicles and Traffic. In no event shall CHAMBER close or block any parking spaces, lots, streets or public rights-of-way on the Leased Premises, nor shall any of Producer's equipment or vehicles be parked on a street or public right-of-way in a manner that impedes the normal flow of vehicular or pedestrian trafiic in any area of the Leased Premises. The City reserves the right to immediately remove, without notice, any vehicle and/or object(s) that impede vehicular or pedestrian traffic in any area of the Leased Premises. All costs associated with removal under this Section 1.6 shall be the responsibility of CHAMBER. 1.7 Compliance with Ap�licable Rules. CHAMBER and its agents, contractors, vendors, affiliates, licensees, and/or invitees shall at all times adhere to all policies, rules and regulations of the Leased Premises, as well as all City codes, policies, rules and regulations applicable to CHAMBER'S Permitted Use of the Leased Premises. CHAMBER shall comply with all other applicable laws, state and federal, having jurisdiction over the scope of the Permitted Use of the Leased Premises. Article 2. Lease Term & Termination 2.1 Lease Term: This Agreement shall be for a period of twelve (12) months beginning on , 2018 ("the Commencement Date") and terminating on , 20_ ("the Termination Date") (the period beginning on the Commencement Date and ending on the Termination Date being the "Lease Term"), unless terminated earlier by either City or CHAMBER in accordance with the provisions of this Agreement. 2.2 Termination: This Agreement may be terminated prior to the Termination Date as follows: (a) The Parties may terminate this Agreement by a written agreement signed by both Parties setting forth the agreed termination date; (b) Either Party may terminate this Agreement with or without cause by providing written notice to the other Party not less than sixty (60) days prior to the desired earlier termination date; or Page 2� Lease Agreement: City of Colleyville and the Chamber of Commerce (c) Either Party may terminate this Agreement on the thirty-first (31 st) day after providing written notice to the other Party that the other Party is in breach of its obligations under this Agreement, which notice shall describe the alleged breach with reasonable particularity, and the Party receiving the notice has failed to cure the alleged breach prior to the date of termination. 2.3 Rescindin� Termination: A Party that provides written notice of termination pursuant to Section 2.2(b) may rescind same by providing written notice to the other Party on or prior to the effective date of the termination, in which event this Agreement shall remain in full force and effect as if the notice of termination had never been given. A written agreement of termination pursuant to Section 2.2(a) may be rescinded by written agreement signed by both Parties prior to the effective date of the termination, in which event this Agreement shall remain in full force and effect. 2.4 Surrender: Upon the expiration or other termination of this Agreement, CHAMBER shall quit and surrender the Leased Premises to City, broom clean, in good order and condition, ordinary wear and damage by the elements excepted. On or before the expiration or other termination of this Agreement, CHAMBER shall remove all of CHAMBER's personal property from the Leased Premises and, failing to do so City may cause all of CHAMBER's personal property to be removed at the expense of CHAMBER, and CHAMBER hereby agrees to pay all costs and expense thereby incurred. CHAMBER's obligations to observe or perform this covenant shall survive the eXpiration or other termination of this Agreement. CHAMBER shall, if requested by City, remove any improvement and/or installations made by CHAMBER and repair any and all damage caused by such removal. Article 3. Consideration; Additional Expenses 3.1 Consideration: The mutual obligations and covenants of the Parties in this Agreement shall constitute CHAMBER' S full rent payment and consideration of both Parties for the non-exclusive license granted to CHAMBER to use the Leased Premises during the Lease Term. Except as otherwise agreed by the Parties in writing, any materials, service, labor, personnel and/or use of equipment provided by City in connection with this Agreement may be charged to CHAMBER at the then established rates or fees established by City, and paid by CHAMBER to City within thirty (30) days of receipt of written invoice from the City. 3.2 Additional Expenses: CHAMBER shall directly pay and/or reimburse City for all costs for moving, phone/data installation, and installation of key pass security associated with CHAMBER's use and occupancy of the Leased Premises. 3.3 In-Kind Contribution: The Parties recognize and agree that City's lease of the Leased Premises to CHAMBER represents an in-kind contribution. The property and improvements have an annua] donated in-kind value to CHAMBER in the amount of sixteen thousand and 00/100 dollars ($16,000.00). 3.4 Delinquent Pa.�: Any amounts owed to City which has not been paid on or before the 30th day after its due date shall bear and accrue interest at the highest rate allowed by law. In the event it becomes necessary for City to file suit to collect past due amounts, in addition to the Page 3� Lease Agreement: City of Colleyville and the Chamber of Commerce accrued interest, City shall be entitled to recover court costs and its reasonable attorney fees related to such collection. Article 4. Maintenance and Repairs; Utilities 4.1 CHAMBER's Acceptance of Leased Premises: CHAMBER has been provided an opportunity to inspect, and has fully inspected, the Leased Premises and all components thereof, including the roof, structural elements, light fixtures, HVAC systems, sewer, plumbing, electrical, telecommunication facilities (including fiber connectivity), water and other similar mechanica] systems. CHAMBER hereby acknowledges its acceptance of the Leased Premises and all components thereof in their present "AS IS" condition, WITH ALL FAULTS, without any agreement, representation, or obligation on the part of City to perform any alteration or improvement of the Leased Premises, and except as hereinafter expressly provided, City shall have no obligation for the maintenance and repair of the Leased Premises or any components thereof. 4.2 City's Maintenance Obli atg ions: Subject to Section 4.3, below and, except for any repairs made necessary by the negligence, misuse, or default of CHAMBER, its employees, agents, customers and invitees, City agrees to be responsible for all necessary repairs to the roof, exterior walls, exterior doors, windows, corridors of the Leased Premises as well as all electrical, plumbing, and HVAC systems. There shall be no liability of City by reason of any injury to or interference with CHAMBER's business and/or services arising from the making of any repairs, alterations ar improvements in or to any portion of the Leased Premises or in or to any fixtures, appurtenances and equipment therein or thereon. City agrees to notify CHAMBER prior to performing any repairs or alterations to the Leased Premises which are reasonably likely to interrupt or interfere with CHAMBER's operations. Notwithstanding the foregoing, City shall be authorized to commence making repairs, improvements or alterations to the Leased Premises without prior notice in the case of an emergency ar if there is an imminent threat that is reasonably likely to result in injury to person or damage to real or personal property, in which case City shall notify thereafter CHAMBER as soon as reasonably possible. 4.4 CHAMBER's Maintenance and Repair Obli atg ions: CHAMBER shall keep and maintain the Leased Premises in good order, condition and repair. CHAMBER shall notify City in writing of any items that CHAMBER believes need repair. CHAMBER shall reimburse City for all costs and labor associated with repairs relating to damage to glass, doors, walls, wall coverings, ceilings, floors, floor coverings, fixtures, concrete, or asphalt caused by CHAMBER, its officers, employees, contractors, invitees, or guests which exceed the reasonable wear and tear resulting from the normal use of such improvements. 4.5 Changes to Leased Premises: CHAMBER may not alter the Leased Premises without City's written consent and approval of any plans associated therewith, which shall not be unreasonably withheld. In the event City grants its consent to CHAMBER to make alterations of the Leased Premises, such alterations shall be performed on a work schedule approved by the City and in a professional and workmanlike manner, performed by one or more contractors mutually approved by City and CHAMBER, and performed solely at CHAMBER cost. All permanent changes to the Leased Premises made by CHAMBER shall become the property of City upon completion and acceptance by City unless otherwise agreed by the Parties in writing. Page 4� Lease Agreement: City of Colleyville and the Chamber of Commerce 4.6 Utilities: City shall be solely responsible for the payment of all utilities provided to the Leased Premises during the Lease Term including, but not limited to, electric, gas, water, and sanitary sewer. Article 5. Insurance and Liability 5.1 Insurance: CHAMBER shall at all times during the Lease Term maintain in full force and effect, at CHAMBER's expense, the following insurance: (a) A commercial general liability policy of insurance far bodily injury, death and property damage insuring against all claims, demands or actions relating to the CHAMBER's operations on the Leased Premises pursuant to this Agreement with a minimum combined single limit of not less than $2,000,000.00 per occurrence for injury to persons (including death), and for property damage. Said Commercial General Liability insurance shall include provisions for insuring operations hazard, independent contractor hazard, contractual liability and products and completed operations liability, in limits not less than $2,000,000 combined single limit for each occurrence for bodily injury, personal injury and property damage liability; (b) A policy of automobile liability insurance covering any vehicles owned and/or operated by CHAMBER, its officers, agents, employees, and contractors and operated and/or kept on the Leased Premises during the Lease Term with policy limits of not less than $2,000,000.00 combined single limit and aggregate for bodily injury and property damage; and (c) Worker's Compensation and Employer's Liability insurance. 5.2 Insurance Endorsements: The policies of insurance required by Section 5.1, above, shall be endorsed as follows: (a) The City, its officers, and employees shall be named as additional insureds as to all applicable coverage (not including the Workers Compensation policy); (b) All policies shall provide for at least thirty (30) days prior written notice to City prior to cancellation of the policy; (c) A waiver of subrogation shall be provided against City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 5.3 Certificate of Insurance: A certificate of insurance and copies of the policy endorsements evidencing the insurance required by this Article 5 shall be delivered to City prior to the Commencement Date and upon request by the City. A new certificate of insurance conforming to this Section 5.3 shall be delivered to City prior to the effective date of each renewal of the policies required by this Article 5. Page 5� Lease Agreement: City of Colleyville and the Chamber of Commerce Article 6. Indemnification TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED BY BELOW, CHAMBER HEREBY AGREES TO 1NDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE CITY INDEMNITEES) FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY OR DEATH OF A PERSON OR PROPERTY DAMAGE, INCLUDING THE LOSS OF USE OF PROPERTY, ARISING OR ALLEGED TO ARISE OUT OF OR 1N ANY WAY RELATED TO THIS AGREEMENT OR THE CHAMBER AND IT'S SUB-CONTRACTOR'S USE OF THE LEASED PREMISES OR OTHER ACTIVITIES OF THE CHAMBER UNDER THIS LEASE AGREEMENT, OR DUE TO THE VIOLATION OF ANY ORDINANCE, REGULATION, STATUTE, OR OTHER LEGAL REQUIREMENT BY CHAMBER, IT'S SUB-CONTRACTORS, OR ANY OF THEIR AGENTS AND EMPLOYEES, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY INTENTIONAL ORNEGLIGENT ACT OR OMISSION OF THE CHAMBER, IT'S SUB- CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CHAMBER, IT' S SUB-CONTRACTORS OR ANYONE FOR WHOSE ACTS THE CHAMBER OR SUB-CONTRACTOR MAY BE LIABLE. INDEMNIFICATION FOR EMPLOYEE 1NJURY CLAIMS. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, CHAMBER HEREBY 1NDEMNIFIES AND HOLDS HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES, 1NCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY TO, OR SICKNESS, DISEASE OR DEATH OF, ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF CHAMBER OR IT'S SUB-CONTRACTORS, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED IN WHOLE OR 1N PART BY THE NEGLIGENCE OF ANY CITY 1NDEMNITEE, IT BEING THE EXPRESSED INTENT OF THE CHAMBER AND THE CITY THAT 1N SUCH EVENT THE CHAMBER IS TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY 1NDEMNITEES FROM THE CONSEQUENCES OF THEIR OWN NEGLIGENCE, WHETHER IT IS OR IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE BODILY INJURY, SICKNESS, DISEASE OR DEATH OF CHAMBER' S EMPLOYEE OR THE EMPLOYEE OF ANY OF IT' S SUB-CONTRACTORS. WITH REGARD TO CLAIMS AGAINST ANY PARTY SEEKING INDEMNITY UNDER THIS AGREEMENT WHICH ARE MADE BY AN EMPLOYEE OF THE CHAMBER, IT'S SUB-CONTRACTOR OR ANYONE DIRECTLY OR 1NDIRECTLY EMPLOYED BY THE CHAMBER, IT'S SUB-CONTRACTOR OR ANYONE FOR WHOSE ACTS THE CHAMBER MAY BE LIABLE, THE 1NDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT SHALL NOT BE LIMITED BY ANY LIMITATION ON AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CHAMBER, IT' S SUBCONTRACTOR OR ANY OTHER EMPLOYER UNDER WORKERS COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER SIMILAR EMPLOYEE BENEFIT ACTS. THE CHAMBER'S LIABILITY INSURANCE REQUIRED UNDER THIS AGREEMENT SHALL FULLY COVER CHAMBER'S OBLIGATIONS UNDER THIS SECTION. Page 6� Lease Agreement: City of Colleyville and the Chamber of Commerce IN ADDITION TO THE INDEMNIFICATION PROVIDED ABOVE, THE CHAMBER HEREBY 1NDEMNIFIES, AND HOLDS HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, OR EXPENSE AND ATTORNEYS' FEES ARISING OUT OF OR RELATING TO ANY CLAIM AGAINST THE CITY INDEMNITEES ASSERTING INFRINGEMENT OR ALLEGED 1NFRINGEMENT OF A PATENT, TRADEMARK, COPYRIGHT OR OTHER 1NTELLECTUAL PROPERTY RIGHT 1N CONNECTION WITH THE USE OR DISTRIBUTION OF ANY AUDIO, VIDEO AND/OR WRITTEN MATERIAL CREATED BY OR THROUGH THE CHAMBER, IT'S SUBCONTRACTORS OR IT'S CONSULTANTS, EXCEPT TO THE EXTENT THE 1NFRINGEMENT IS CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE CITY INDEMNITEES. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE 1NDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT OR THE ADDITIONAL INSURED REQUIREMENTS UNDER THE 1NSURANCE REQUIRED BY THIS AGREEMENT, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE CONTRACTUAL OBLIGATIONS AND SHALL OPERATE TO AMEND THE OBLIGATIONS TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE OBLIGATIONS SHALL CONTINUE 1N FULL FORCE AND EFFECT. SHOULD ANY PROVISION OR ANY PART OF ANY PROVISION OF THIS AGREEMENT BE HELD 1NVALID, UNENFORCEABLE OR CONTRARY TO PUBLIC POLICY, LAW, STATUTE OR ORDINANCE, THEN THE REMAINDER OF THE PROVISION, PARAGRAPH, THIS SECTION AND/ OR THIS AGREEMENT SHALL NOT BE AFFECTED THEREBY AND SHALL REMAIN VALID AND FULLY ENFORCEABLE. Article 7. Miscellaneous 7.1 Notice: All notices, authorizations and requests in connection with this Agreement shall be deemed provided on the day they are (i) deposited in the mail, postage prepaid, certified or registered, return receipt requested; (ii) delivered by courier; or (iii) sent by facsimile as indicated by a fax confirmation sheet; and sent to the address or facsimile number of each party's agent as follows: If to City: City of Colleyville, Texas Attn: City Manager 100 Main Street Colleyville, Texas 76034 • ■:_U_:__: With copy to: Whitt L. Wyatt Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 75201 With copy to: Page 7� Lease Agreement: City of Colleyville and the Chamber of Commerce 7.2 Entire Agreement: This Agreement contains all representations, understandings, contracts and agreements between the Parties regarding the subject matter of this Agreement. This Agreement supersedes all oral or written previous and contemporaneous agreements, writings, understandings, representations, or contracts between the Parties regarding the subject matter of this Agreement. This Agreement in no way modifies or supersedes any document executed by the Parties priar to this Agreement which does not regard the subject matter of this Agreement. 7.3 Parties Bound: This Agreement shall be binding upon, and inure to the benefit of, the Parties to this Agreement and their respective successors and assigns. 7.4 Relationship: It is understood and agreed that the relationship between the Parties described in this Agreement is contractual in nature between independent Parties and does not constitute, and shall not be construed, as creating a partnership or joint venture relationship between or among the Parties. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in any individual or entity that is not a signatary hereto. 7.5 Amendment: The Parties may revise, amend or modify this Agreement only by written agreement signed by both Parties. 7.6 Severabilitv: The provisions in this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 7.7 Governing Law: The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement. 7.8 Place of Performance and Venue: This Agreement is performable in Tarrant County, Texas. Any legal action between the Parties based on this Agreement shall be brought in the State District Court of Tarrant County, Texas. 7.9 Special and Consequential Dama�es: In no event, whether as a result of breach of contract, warranty, tort (including negligence or infringement), strict liability or otherwise, shall either Party be liable to the other Party far any special, consequential, incidental, indirect or eXemplary damages including, but not limited to, loss of proiits or revenues, cost of capital, cost of substitute goods, facilities, services or downtime costs. 7.10 No Third Party Beneficiary: For purposes of this Agreement, including its intended operation and effect: (1) the Agreement only affects matters or disputes between the Parties, and Page 8� Lease Agreement: City of Colleyville and the Chamber of Commerce is in no way intended by the Parties to benefit or otherwise affect any third person or entity, notwithstanding that such third person or entity may be in contractual relationship with City or CHAMBER ar both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owed by them to either City or CHAMBER. 7.11 No Waiver of Immunitv: The Parties acknowledge that neither Party is an agent, servant, or employee of the other Party, and understand that City a"governmental unit" as that term is defined in Tex. Civ. Prac. & Rem. Code § 101.001 and does not by agreement to and acceptance of this Agreement waive its right to claim immunity to liability or suit or to invoke the limits of liability set forth in Chapter 101 of the TeXas Civil Practices & Remedies Code, as amended, to the extent sovereign immunity has been waived by said statutes. 7.12 Counterparts: This Agreement may be executed in any number of counterparts. Each executed counterpart shall be deemed an original instrument, and all counterparts collectively shall be a single instrument, with full force and effect and enforceable against the Parties executing same. 7.13 Exhibits: The exhibits referenced in this Agreement and attached hereto are incorporated and made a part of this Agreement as if fully set out in the body of this Agreement. 7.14 Authority to Enter A�reement: Each Party represents and warrants to the other that it has the full power and authority to enter into and fulfill the obligations of this Agreement. The respective signatories to this Agreement, by affixing their signatures hereto, warrant and represent that they have the authority to bind their respective parties as duly authorized representatives thereof. (Signatures on Following Page) Page 9� Lease Agreement: City of Colleyville and the Chamber of Commerce SIGNED AND AGREED this _ day of , 2018. CITY OF COLLEYVILLE, TEXAS : ATTEST Christine Loven City Secretary APPROVED AS TO FORM Whitt L. Wyatt City Attorney Jerry Ducay City Manager SIGNED AND AGREED this day of , 2018. COLLEYVILLE CHAMBER OF COMMERCE Title: Name: Page 10 � Lease Agreement: City of Colleyville and the Chamber of Commerce Exhibit "A" Office Space: City Hall Complex `LT ._ � . ... . . A . __ _... � . w •r e �� .. . . . , . . � ., _........._ .._. ., ._. .. . .. ...-.-�.��. . J� � ' . . �_ . ._ . "� �' �: • ��' 14`9�,`4` � �'�B' .�=71,l�r ° � �i�}�`; � C - � �; � r, � 1 � .'; ��- 'I 1"�`� (13#r �; � � �� = ` � �;� � 7 i; �r" 4, ^; � r'�� ,�,� _, r� �� ` � R"f_ �+R? � 1 + �_ r -j 1,�� . �y� , � j� "r I . � � �i�� '-c'�' r � �� — - -� _. _ � `-�� -� ��;. .� .. — -+ — � �� _ �.-.�..�+i [�DT ,',� ,� � � ��,';,� � f�r_�r..f.�s, _ �� ' �y r �°.. . �' I.. � r:.: � i�� I I. �� .,ly �f`f�x f � + w '� �"� ' - r; � r` � �'' � '�n � u+ll � i i� � �' ' � '4,� �� °� �A � i y; ' � ``� ��;;� '-t-- - ; :: � r , t . ��-� , i �;'� w ,� � +� , ' �� , � � �_. � � � �� "x. q ' �'� � , �;�k " ��_ '�J � ti�i '�y�;� T _ •.�. �.—i ,r �� . � � � � , y � t;�� 54-. _.__ t � � j � � r� � � � , � � {. , "� •� (; �i j .,ti. ,�. � � I, , ir�' ��}f ��hi. �3' S�i�€� �1{ -� v. r� �, ; � �9� ' � � ....� r �. . �. ' ��a' i��.':Y�f�a?;� 5' �iF ,1i 4T� � '... V131 !fP{L. 1 � � C°i r`r Y� .M � . � . �. �jl h' Rj I � � � ` '�—Q$tiI � � i '`�� ^ � (�` ? ' �Pz`, C j J p@ � —p � i £ � `� ^ f ��j��l. ~ LY �� _ re � .. � � � � �yf � E ... �.S Z � �t � . . , r�'1�,�i ----. �. � �+r '._. t`---. ..---,._.�._... _'� . _ . .. . .. __ .. _ t I ��# I � k _.. . . <_ _ . e,--� , � �,� _ ..I �"� �� `'J .. . .. . �� + ��'�;� d' '`r' � � I i�.� __i 'C;.�, �'� � +e.''� , s,:�f' �� ''i ' '��[� �4 �=;t� �-�� — -'...�-n "�-.r.� -..._' - - . - f - �T '� i. I r' v- r"'i ` �� F � ',� —.o._ �1 f��=�i 'F "R..� I � '�` tti� � � � � h � � � ' . ,� ^ � ;'.[ �r� 'v � ' r�� +5�!�°�� +'��• ;'� � �; @;,�. �11',C �T, � i 0'.,� '_ � �.1 _ � -�a .,_ � .��,.,.�a._»_� ` ' _ v 7 , ct ''i.� , . � _i ^ � t ,ai�� ,Y`-1` F; v� _' �, . -' ' � .�. ' � i' f � S ' � t C 1 ��'� � � �� '_ d .� �� s, I -^ ,.s ... e � � � � j y Ir� i� i4l - �I � k : R 1 }1� �' �` I r� I n I .. i{ f'"t � [ +� 4 I�+1�7 � ��* � -�� i � t:.� 11� .il"fif ( �'--�. p .�� 11f�, f1�� r � ' i G4� ��;7 _.. . �•', �ih. �r � i p .,^a«� , - ,� e, �` � �i.l� w w� � w� � � �! — . ,- � .. - � ' �-�,,r;,� �+Y � rt �- i` 1 . M . ��. i `J' , ��• `--i� �' '�,'! 1^61� ��A:�� Page Solo „I Exhibit "A" to Lease Agreement: City of Colleyville and the Chamber of Commerce G1� Y Q�' � COLLEYVILLE rt.x;�� City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5c Agenda Date 01/16/2018 Number Resolution R-18-4225 Type Resolution Department City Secretary Title Consideration of an appointment to the Planning and Zoning Commission Strategic Plan 1.1 Actively involve and engage stakeholders Explanation Reading and Public Hearing This item provides for City Council to consider making an appointment to the Planning and Zoning Commission to fill a vacancy created when Place 2 Commissioner Chris Putnam resigned. The Place 2 unexpired term is to September 2018. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. Planning and Zoning Commission roster 2. Resolution R-18-4225 City of Colleyville Page 1 PLANNING AND ZONING COMMISSION PLACE 1 Susan Mathisen 317 Chestnut Bend Colleyville, TX 76034 W: (817) 983-1620 smathisencpa@�mail.com TERM: Sep 2016 - Sep 2018 PLACE 2 Chris Putnam 204 White Drive Colleyville, TX 76034 H: (817) 427-1925 madtexan@verizon.net TERM: Sep 2016 - Sep 2018 PLACE 3 -VICE CHAIR Sam van Bever 4105 Crest Court Colleyville, TX 76034 W: (214) 403-1445 H: (817) 427-4105 SIv4105@gmail.com TERM: Sep 2016 - Sep 2018 PLACE 4 Veronica Baughman 6505 Connie Lane Colleyville, TX 76034 H : (817) 707-6844 veronica@sellsdfw.com TERM: Sep 2016 - Sep 2018 PLACE 5 Charles Kelley 705 Hillside Drive Colleyville, TX 76034 H: (817) 235-7883 ckelleycolleyville@chuck-kelley.com TERM: Oct 2017 - Sep 2019 PLACE 6 Claudia Bevill 119 Cheek-Sparger Road Colleyville, TX 76034 H:817-849-1360 ckbevill@hotmail.com TERM:Oct 2017 - Sep 2019 PLACE 7 Jason Elms 801 Shelton Drive Colleyville, TX 76034 W: (214) 420-8494 H: (817) 808-7275 JElms@pape-dawson.com TERM: Oct 2017- Sep 2019 Updated 1/12/2018 RESOLUTION R-18-4225 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION WHEREAS, a vacancy due to resignation has occurred on the Planning and Zoning Commission and Place 2 has an unexpired term to September 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints the following person to fill the unexpired term to September 2018: Place 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 16T" DAY OF JANUARY 2018. Mayor Richard Newton Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson ATTEST: Christine Loven, TRMC City Secretary Mayor Pro Tem Bobby Lindamood Place 5, Nancy Coplen Place 6, Mike Taylor CITY OF COLLEYVILLE Richard Newton Mayor G1� Y Q�' � COLLEYVILLE rt.x;�� City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 01/16/2018 Number 7 Type Report Department Finance Title Monthly Financial Report - December 2017 Strategic Plan 1.3 Assure convenient access to public information 1.4 Communicate thoroughly and strategically 2.4 Demonstrate stewardship of public resources Explanation General Fund As of December 31, 2017, the General fund collected $8,542,592 in revenues and incurred $4,840,615 in expenditures. Ad Valorem taxes, franchise fees and sales taxes account for more than 84% of the General fund's budgeted revenues. • Ad Valorem Taxes: The city collected $7,121,062 out of the $14,322,575 budgeted for ad valorem taxes, including penalty and interest. The reported revenue is 13.91% above the revenue reported for the same period last year. • Franchise Fees Revenue: The city collected $179,182 out of the $2,070,000 budgeted for franchise fees. The reported revenue is 4.21% below the revenue reported for the same period last year. • Sales Tax Revenue: The city collected $326,410 out of the $3,800,000 budgeted sales tax revenue. The reported revenue is 9.89% above the revenue reported for the same period last year. The reported amount includes the Mixed Beverage Taxes. Utility Fund As of December 31, 2017, the utility fund collected $3,971,842 in revenues and incurred $2,879,260 in expenditures. Water and wastewater sales account for more than 98% of the utility fund's budgeted revenues. City of Col/eyville Page 1 City Council Agenda Briefing • Water Sales: The city collected $2,882,017 out of the $11,195,957 budgeted for water sales. The reported revenue is 5.93% above the revenue reported for the same period last year. • Wastewater Sales: The city collected $967,420 out of the $4,024,060 budgeted for wastewater sales. The reported revenue is 2.23% above the revenue reported for the same period last year. Debt Service Fund As of December 31, 2017, the Debt service fund collected $401,907 out of the budgeted revenues and transfers from other funds of $1,854,412 and expended $165,324 out of its budgeted expenses of $1,979,412. The reported revenue is 19.63% above the revenue reported for the same period last year. Drainage Fees Fund As of December 31, 2017, the Drainage fees fund spent $120,930 out of its $1,481,362 expense budget and received $249,705 out of the $961,880 budgeted revenues. The reported revenue is 3.31% above the revenue reported for the same period last year. Attachments 1. December 2017 Monthly Financial Report Presentation 2. December 2017 Monthly Financial Report City of Colleyville Page 2 Decem ber Month I Fi na ncia l y Re ort p City Council Meeting January 16, 2018 _ � l � � i � `+ OOLLEYVILLE _ � l � � i � `+ OOLLEYVILLE nrlFn G a u � $is,000,000 Sio,000,000 So � Budget rActuals $30,000,000 $ 25,000, 000 520,000,000 �� 36% General Fund Revenues $23,934,566 $8,542,592 20% General Fund Expenditures $23,694,811 $4,840,615 General Fund - 25% of the FY is complete _ � l � � i � `+ OOLLEYVILLE � � � 5 �o,o 00 C � � O � 58,000 5��0 C 5 6,00 0 54,00 0 5 z,00 0 5- �i Budget � Actuals Current FY uActuals Pnar FY AD VALOREM TAX ES $14,323 $7,121 �6,251 •• � / � � �� _ � by utilities providers. ' Includes Gas, Electricrty, Telecom., Cable and Waste Franchise fees. 9% FRANCH ISE TAXES $2,070 $179 $187 ' Receipts are from sales 2 months prior. 'Also includes mixed beverage tax. 90� SALES TAXES $ 3, SOO $326 �297 84% of the General Fund budget • eased on 2017 property values. • Most colledion5 in Dec., 516,00� �an., & Feb. S 14,0 DO S 12,a DD � ' Includes Building, plumbing, mechanical, fence, eleccrical, sign and permit fees. 34% LICENSES & P ER M ITS S968 S326 S265 ' Includes fines from citations, alarm fees, and library fines_ 18% FINES $920 $163 $194 ' Indudes zoni�g, ambulance, parks/rec., engineering, & Colleyville Center charges. 18% � CHARGESFOR SERVIC E S 1, 29 4 S231 S219 _ � l � � i � `+ OOLLEYVILLE ' Includes 5R0 Oificer Reimbursement & the city of Keller coun payments. Q 18% INTERGOVERNM- ENTAL $ 360 $ 65 �- ' Includes interest re�enue, Sale of Surplus Property, Antenna Lease and miscellaneous re�enues_ 66°/a MISCELLANEOUS $200 $131 $� General Fund Revenues (In Thousands� - 25% of the FY is complete ' Paid for the use �t �L� !":�..1� p!'11A1 -� � � � � $5,000 S H C — $6,000 $4,000 $2,000 �- ■ Budget ■ Actuals $16,000 $14,000 $12,000 �, $10,000 / Personnel services $15,049 $3,469 �,�. � � � �,�,: Includes utilities. maintenance; training, dues an� subscriptions, aud it,..etc Contractual Services $5,342 $1,256 Includes uniforms, printing, postage, small tools and equipments, chemicals and other operating supplies_ go� Su p pl ies $1,276 $115 Includes tools and equipment priced at 55,000 or more per unit 0% Capital Outlay $14 $- _ � l � � i � `+ OOLLEYVILLE Indudes transfers to capital projects and capital equipment reseves funds_ - O G/C Transfer to other fund $2,015 $- General Fund Expenditures (In Thousands)- 25% of the FY is complete _ � l � � i � `+ OOLLEYVILLE I�I F n Ut t u y io,000,000 s,000,000 6,000,000 4,000,000 2,000,000 v Budget � Actuals 14,000,000 12,OOq000 Revenues 15,540,017 3,971, 842 Utility Fund - 25% of the FY is complete Expenditures 15,526,542 2,879, 260 19% _ � l � � i � `+ OOLLEYVILLE . • •. � �•� r ••� v Budget O Actuals Current FY u Actuals Pri or FY 12, 000 1 O, 000 �^ sz n rn 26% Water Sales 11,19 6 2,882 S 2, 721 Se�ve r Sa les 4,024 9 67 $946 98% of the Utility Fund budget _ � l � � i � `+ OOLLEYVILLE Includes penalties, Water installation, sewer installation, engineering charges, sale of surplus materials,_.etc 38% Other Income 320 122 S96 Utility Fund Revenues (In Thousands)- 25% of the FY is complete c $s,000 � � � 0 s � $6,000 � $ 2, 000 .� ■ Budget ■ Actuals $14,000 $12,000 $10,000 • 21� Pe rsone I Services $1,983 $424 • Contractual services $12,718 $2,267 Includes uniforms. printing, postage, small tools and equipmenu, chemicals and other operating supplies. � 12% Su p pl ies $246 $31 Bond principal and interest payments 100% Debt Service $157 $157 Includes tools and equipment priced at 55,000 or more per unit e_g_ water meters and fire plugs 1% Capital Outlay $100 $1 Utility Fund Expenses (In Thousands}- 25% of the FY is complete Includes TRA costs, training, dues and subsc�iptions, utilities, maintenance, a.. _ � l � � i � `+ OOLLEYVILLE Includes transfers to capital projects fund, general fund and colleyville tomorrow fund_ - 0% Transfers to other funds $3 22 $- _ � l � � i � `+ OOLLEYVILLE D t S rvic Fu n �� Re�-enues 0�-er (L-ndei-) E�penditures �$ � 1,400,000 $1, 200,000 $1,QQ�,000 $500,000 5600,000 $400,000 $200,000 �- � - � � 236,583 Debt Service Fund Revenues $1,156,045 $698, 367 $401,907 $- PropertyTaxes & Interest Transfer in (CCPD/TIF) ■ Budget � Actuals $125,000 _ $- Budgeted Use of Fund Balance Debt Sers-ice Fund Budget �ctuals Re�-enues• Ad `'aloreiYi Tates � Interest $ 695.36 % $ �01.907 Transfer In from other funds $ 1.156.0�5 $ - Budaeted Use of Fund Balanee $ 1��.000 $ - Total Rerenues $ 1,979,412 $ 401,907 E�penditures• Bond paVI21�21tS $ 1.639.OSS $ - Lease PaV271�21tS $ 3�0.3 �-� $ 16�.3 �-1 _ � l � � i � `+ OOLLEYVILLE � Budget � Actuals Debt Service Fund Expenditures $1,800,000 $1,639,088 $ i, 600,000 $1, 400,000 $1, 200,000 $i,000,000 $800.000 $�� $340, 324 ��•� $165,324 $200.000 $- $- Bond Payments Lease Payments � Budget � Actuals S2,000,000 Si, 500,000 Si,000,000 $soo,000 S- Debt Service Fund Snapshot $1,979,412 $1,979,412 Reven ues o� Expenditures '4 _ � l � � i � `+ OOLLEYVILLE Draina F Fun g � . . • • Debt S�nice Transfers to other funds I'otal Eapenses Re�-enues O�-er (C: nder) l 51,000,000 S900,000 S800,000 S700,000 S600,000 S500,000 S400,000 S300,000 S200,000 S100,000 S- nses s S S S � 12�_^-� '_, ?50,000 S 1,481,362 S (�19,482) S Drainage Fund Revenues S950,880 Drainage Fund Re�-enues: Drainage Fees Other re�-enues Total Re�-enues E�penses: Personel Scr�7ces Contractual senzces Supplies Drainage Fees ■ Budget ■ /ictuals S11,000 Other revenues Budget S 9��J_S�0 S S 11 _000 S S 961.880 S ► ► � ��-�_00� S 134_826 S �-=9�- S -�_1=1 120,930 128.; ?� 55,253 �ctuals SSOO,000 5700,000 5600.000 5500,000 5400,000 S300,000 $200.000 5100,000 S- 51,600,000 S1,aoo,000 S1,2oo,000 S1,000,000 S800.000 S600.o00 .7'wa�.�� _ � l � � i � `+ OOLLEYVILLE Re�ne nues E� end itur es � Budget ■ Actuals Drainage Fund Expenses S�so,000 S424,005 S134,826 S47,957 S124,574 S97.819 S13,581 55,410 � � �$4.121 S- Personel Corrtractual Supplies Debt Service Transiers to Services services ather funds � Budget � Actuals Drainage Fund Snapshot 51,481, 36 2 5961, 880 � 26°t6 5249, 705 0 City of Colleyville General Fund Monthly Financial Report As of 12/31/2017 - End of 25.00% of the Fiscal Year =NERAL FUND ACTIVITY FY 2018 YTD PERCENT FY 2018 AS OF OF BUDGE- IMMARY BUDGET 12/31/2017 USED �venues 23,934,566 8,542,592 35.6f penditures 23,694,811 $4,840,615 20.4; �venues over expenditures $239,755 $3,701,977 GENERALFUND FY 2018 REVENUE SOURCE BUDGET Current Taxes 14,242,5i Delinquent Taxes 25,0( Penalty & Interest 55,0( TOTAL AD VALOREM TAXES 14,322,5i Oncor Electric 885,0( Tri-County Electric 100,0( Atmos Gas 325,0( AT&T � 60,0( Verizon/Others 65,0( Refuse/Recycling i 160,0( Cable TV 475,0( TOTAL FRANCHISE TAXES 2,070,0( Sales Tax 3,700,0( Mixed Beverage Tax 100,0( TOTAL SALES TAXES � 3,800,0( Building 625,0( Plumbing 72,0( Mechanical 48,0( Electrical = 51,0( City License 26,0( Building Plan Review Fee i 88,0( New Business 7,4( Sign Permit � 8,0( Fence Permit 15,0( Fire Permits � 8,0( Irrigation Permit 20,0( TOTAL LICENSES & PERMITS T 968,4( RECEIVED FY 2018 YTD AS OF 12/31 /2017 7,089,582 26,829 4,652 7,121,062 14,647 18,629 31,151 114,755 179,182 297,513 28,897 326,410 227,317 17,243 11,472 19,168 9,400 28,621 2,000 1,550 2,625 2,210 4,362 325,967 PERCENT OF BUDGET RECEIVED 49.78% 107.31 % 8.46% 49.72% 0.00% 0.00% 0.00% 24.41 % 28.66% 19.47% 24.16% 8.66% 8.04% 28.90% 8.59% 36.37% 23.95% 23.90% 37.58% 36.15% 32.52% 27.03% 19.38% 17.50% 27.63% 21.81 % 33.66% AVERAGE ACTUAL YTD BALANCE AS A PERCENT OF YEAR END BAL 38.03% 38.38% 7.90% 37.73% 0.00% 0.00% 0.00% 25.57% 28.08% 20.12% 23.44% 8.66% 7.07% 26.48% 7.62% 24.74% 25.86% 21.91 % 25.01 % 17.85% 26.47% 17.67% 24.68% 22.47% 19.32% 23.93% 24.15% RECEIVED FY 2017 YTD AS OF 12/31 /2016 6,247,518 3,793 6,251,311 15,670 18,995 30,192 122,196 187,053 269,274 27,755 297,029 166, 876 14,814 11, 084 14,468 12,100 25,789 2,210 2,185 5,900 2,015 7,097 264,538 PERCENT CHANGE OVER PRIOR YEAR 13.48% 0.00% 22.64% 13.91 °/a 0.00% 0.00% 0.00% -6.53% -1.93% 3.18% -6.09% -4.21 °/a 10.49% 4.11% 9.89°/a 36.22% 16.39% 3.50% 32.49% -22.31 % 10.98% -9.50% -29.06°/a -55.51 % 9.68°/a -38.54% 23.22% GENERALFUND-CONTINUED REVENUE SOURCE Court Fines Alarm Fees � Library Fines TOTAL FINES = Re-zoning Plat Fee/Site Plan/Landscaping Plan Fee Board of Adjustment Sale of Material Weed Mowing Ambulance � Recreation Program Credit Card Fee Revenue � Non-Resident Fee Parks Field Use Charge � Engineering & Inspection Material Testing � Colleyville Center Rental Lot Drainage Insp Fee � Transfer from Utility Fund Transferfrom TIF TOTAL CHARGES FOR SERVICE SRO Officer Reimb Keller Court TOTALINTERGOVERNMENTAL Sale of Surplus Property Interest Income Miscellaneous Antenna Lease Grant Proceeds TOTAL MISCELLANEOUS FY 2018 BUDGET 850,000 53,000 17,460 920,460 9,000 8,200 2,000 100 7,000 320,000 193,500 40,000 21, 500 20,000 10,000 240,000 15,000 196,920 210,377 1,293,597 RECEIVED FY 2018 YTD AS OF 12/31 /2017 150,41 7,74 4,52 162,69 77 3,26 52 26 88,89 48,24 3,20 21,49 10,68 2,25 78 43,79 6,50 230,67 98, 996 - 260,538 65,135 359,534 65,135 5,000 36,523 45,000 14,001 60,000 23,880 90,000 15,211 - 41,850 200,000 131,465 TOTAL GENERAL FUND REVENUES 23,934,566 31DENTIAL BLDG PERMITS MMERCIAL BLDG PERMITS ATIONS ISSUED GENERAL FUND EXPENDITURES Personnel services � Contractual Services Supplies � Capital Outlay Transfer to other fund � TOTAL EXPENDITURES � FY 2018 BUDGET 115 7 10,500 FY 2018 BUDGET 15,048,648 5,341,951 1,275,506 14,000 2, 014, 706 23,694,811 8,542,592 THROUGH 12/31 /2017 47 0 1,645 EXPENDED THROUGH 12/31 /2017 3,469,339 1,256,469 114,807 4,840,615 PERCENT OF BUDGET RECEIVED 17.70% 14.62% 25.93% 17.68% 8.56% 39.82% 26.25% 267.95% 0.00% 27.78% 24.93% 0.00% 53.74% 49.67% 11.25% 7.85% 18.25% 43.33% 0.00% 0.00% 17.83% AVERAGE ACTUAL YTD BALANCE AS A PERCENT OF YEAR END BAL 20.58% 12.86% 20.90% 20.07% 23.89% 25.87% 19.46% 38.47% 17.22% 24.92% 12.48% 46.37% 45.84% 30.37% 0.00% 19.61 % 23.63% 0.00% 0.00% 11.55% 0.00% 0.00% 25.00% 8.33% 18.12% = 5.86% 730.46% 220.67% 31.11% 6.14% 39.80% 38.04% 16.90% 39.27% 0.00% 65.73% 40.13% 35.69% 25.87% THROUGH 12/31 /2016 45 1 2,095 PERCENT OF BUDGET EXPENDED 23.05' 23.52' 9.00' 0.00' 0.00' 20.43' TOTAL INCREASE (DECREASE) 2 (1) (450) PERCENT OF FISCAL YEAR COMPLETE 25.00% 25.00% 25.00% 25.00% 25.00% 25.00% RECEIVED FY 2017 YTD AS OF 12/31 /2016 184,231 6,449 3,591 194,271 2,000 2,330 875 1 8,175 76,938 28,062 21,760 10,940 11,303 2,261 48,590 5,500 218,735 PERCENT CHANGE OVER PRIOR YEAR -18.35% 20.16% 26.07% -16.25°/a -61.50% 40.13% -40.00% 26695.00% -100.00% 15.54% 71.93% 0.00% -1.22% -2.38% -80.09% -65.27% -9.87% 18.18% 0.00% 0.00% 5.46% - 0.00% - 0.00% _ - 0.00% - 0.00% 8,813 58.86% 6,842 249.03% 34,369 -55.74% - 0.00% 50,024 162.80°/a 7,462,961 14.47% PERCENT INCREASE (DECREASE) 4.44% 100.00% -21.48% BUDGET REMAINING 11,579,309 4,085,482 1,160,699 14,000 2,014,706 18,854,196 2 UTILITY FUND SUMMARY Revenues Expenditures Revenues over expenditures UTILITY FUND REVENUE SOURCE Water Sales Sewer Sales Sewer Installation Water Installation Engineering Charges Penalties Sale of Material Miscellaneous � i � TOTAL OPERATING INCOME � Sale of Surplus Property Interest Income TOTAL NON-OPERATING INCOME TOTALINCOME LLONS OF WATER SOLD MBER OF WATER CUSTOMERS UTILITY FUND EXPENSES City of Colleyville Utility Fund Monthly Financial Report As of 12/31/2017 - End of 25.00% of the Fiscal Year FY 2017 YTD PERCENT FY 2018 AS OF OF BUDGET BUDGET 12/31/2017 USED 15,540,017 3,971,842 25.56% 15,526,542 2,879,260 18.54% $13.475 1,092,582 FY 2018 BUDGET 11,195,957 4,024,060 15,000 42,000 5,000 200,000 13,000 15,495,017 45, 000 45, 000 15,540,017 RECEIVED AS OF 12/31 /2017 2,882,017 967,420 5,100 13,340 3,926 67,877 657 7.102 3,947,440 8,418 15,984 24,402 3,971,842 THROUGH 12/31 /2017 592,935,900 10,027 PERCENT OF BUDGET RECEIVED 25.74% 24.04% 34.00% 31.76% 78.53% 33.94% 0.00% 54.63% 25.48% 0.00% 35.52% 54.23% 25.56% THROUGH 12/31 /2016 593,293,700 9, 893 AVERAGE ACTUAL YTD BALANCE AS A PERCENT OF YEAR END BAL 25.51 % 24.36% 23.01 % 23.14% 56.48% 34.92% 11.40% 24.13% 25.53% 0.00% 6.00% 35.17% 25.60% TOTAL INCREASE (DECREASE) (357,800) 134 RECEIVED AS OF 12/31 /2016 2,720,696 946,360 4,500 11,550 68,899 517 5,640 3,758,162 4,653 4,653 3,762,815 PERCENT INCREASE (DECREASE) -0.06° 1.35° EXPENDED PERCENT PERCENT OF FY 2018 THROUGH OF BUDGET FISCAL YEAR BUDGET BUDGET 12/31/2017 EXPENDED COMPLETE REMAINING Personel Services 1,983,307 423,545 21.36% 25.00% 1,559,762 Contractual services � 12,717,635 2,267,206 17.83% 25.00% 10,450,429 Supplies 245,969 30,699 12.48% 25.00% 215,270 Debt Service � 157,325 156,913 99.74% 25.00% 413 CapitalOutlay 100,000 897 0.90% 25.00% 99,103 Transfers to other funds i 322,306 - 0.00% 25.00% 322,306 TOTAL EXPENSES 15,526,542 2,879,260 18.54% 25.00% 12,647,282 Notes: Budgeted transfers of $322,306 as follows: $44,286 for an internal loan for vactor truck; $81,100 for Vehicle and Equipment Replacement Fund; $196,920 for 12.4% payment to General Fund for internal service personnel. PERCENT CHANGE OVER PRIOR YEAR 5.93% 2.23% 13.33% 15.50% 0.00% -1.48% 27.20% 25.92% 5.04% 0.00% 243.53°/a 424.44% 5.56°/a 3 SERVICE FUND SUMMARY Revenues Expenditures Revenues overexpenditures Budgeted use of fund balance evenues use o un balance over expenditures DEBT SERVICE FUND REVENUE SOURCE Current taxes Delinquent taxes Penalty & interest Interest Income TOTAL AD VALOREM TAX & INTEREST Transfer from CCPD Transferfrom TIF � TOTALTRANSFERS � Use of Fund Balance Bond proceeds & Premium i TOTALREVENUE _ DEBT SERVICE FUND Bond & Interest Payments Leases (Fire Engine & Ambulance) TOTALEXPENSES City of Colleyville Debt Service Fund Monthly Financial Report As of 12/31/2017 - End of 25.00% of the Fiscal Year ACTIVITY FY 2017 YTD PERCENT FY 2018 AS OF OF BUDGET BUDGET 12/31/2017 USED 1,854,412 401,907 21.67% 1,979,412 165,324 8.35% (125,000) 236,583 125,000 - 236,583 FY 2018 BUDGET 683,367 5,000 5,000 5, 000 698, 367 501,845.00 654,200.00 1,156, 045 125,000 1, 979,412 FY 2018 BUDGET 1,639,088 340,324 1,979,412 RECEIVED FY 2018 YTD AS OF 12/31 /2017 400,11 1,45 26 7 401,90 � 401,90 PERCENT OF BUDGET RECEIVED 58.55% 29.06% 5.33% 1.50% 57.55% 0.00% 0.00% 0.00% 0.00% 0.00% 20.30% AVERAGE ACTUAL YTD BALANCE AS A PERCENT OF YEAR END BAL 39.00% 34.00% 11.00% 15.00% 38.58% 0.00% � 0.00% � 0.00% 0.00% 0.00% 10.00% RECEIVED FY 2017 YTD AS OF 12/31 /2016 334, 241 (165 255 1,631 335,961 � - � - 335,961 EXPENDED PERCENT PERCENT OF THROUGH OF BUDGET FISCAL YEAR BUDGET 12/31/2017 EXPENDED COMPLETE REMAINING - 0.00% 25.00% 1,639,088 165,324 48.58% 25.00% 175,000 165,324 8.35% 25.00% 1,814,088 PERCENT CHANGE OVER PRIOR YEAR 19.71 % -980.29% 4.62% -95.40% 19.63% 0.00% 0.00% 0.00°/a 0.00% 0.00% 19.63% 4 City of Colleyville Drainage Fee Fund Monthly Financial Report As of 12/31/2017 - End of 25.00% of the Fiscal Year RAINAGE FEE FUND ACTIVITY FY 2017 YTD PERCENT FY 2017 AS OF OF BUDGE7 UMMARY BUDGET 12/31/2017 USED =venues 961,880 249,705 25.96 cpenditures 1,481,362 120,930 8.16 evenues overexpenditures (519,482) 128,775 DRAINAGE FEE FUND REVENUE SOURCE Drainage Revenues Other revenues (Interest, penaity,..) TOTALREVENUES DRAINAGE FEE FUND Personel Services Contractual services Supplies Debt Service Transfers to other funds TOTALEXPENSES FY 2018 BUDGET 950,880 11, 000 961,880 FY 2018 BUDGET 424,005 134,826 47,957 124, 574 750,000 1,481, 362 RECEIVED FY 2018 YTD AS OF 12/31 /2017 244,452 5,253 249,705 EXPENDED THROUGH 12/31 /2017 97,819 13,581 5,410 4,121 120,930 AVERAGE ACTUAL RECEIVED PERCENT YTD BALANCE FY2017YTD OF BUDGET AS A PERCENT OF AS OF RECEIVED YEAR END BAL 12/31/2016 25.71% 24.84% 241,702 47.76% 45.81 % - 25.96% 25.14% 241.702 PERCENT OF BUDGET EXPENDED 23.07% 10.07% 11.28% 3.31 % 0.00% 8.16% PERCENT OF FISCAL YEAR COMPLETE 25.00% 25.00% 25.00% 25.00% 25.00% 25.00% BUDGET REMAINING 326,186 121,245 42,547 120,453 750,000 1,360,432 PERCENT CHANGE OVER PRIOR YEAR 1.14% 0.00% 3.31 % 5 G1� Y Q�' � COLLEYVILLE rt.x;�� Agenda Number 7 Type Report Department Communi City of Colleyville City Council Agenda Briefing Agenda Date 01/16/2018 Development Title Zoning Board of Adjustment Minutes - December 12, 2017 Attachments 1. Zoning Board of Adjustment Minutes - December 12, 2017 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com City of Colleyville Page 1 C t � � � F �- COLLEYVIL�.E tFx.a~ City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 12, 2017 City Council Chambers CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on December 12, 2017 at 7:00 p.m. Roll Call Present: Board members Dee Kamerman, Wayne Maynard, Dee McNosky, Richard Vallario, and Michael Deakin Absent: Raymond Allee and Kimberly Holt Staff Present: Felix Landry and Araceli Botello 1. � APPROVAL OF MINUTES Board member Maynard made a motion to approve the November 14, 2017 minutes. Board member Vallario seconded. The motion to approve carried by the following vote: Aye: 5— Vallario, Kamerman, Maynard, McNosky, and Deakin Nay: 0 PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to certain provisions of Section 3.26, Fences, Free Standing Walls, and Screening Materials on Lots 3, 4, 7, & 8, Block 4, of the Rustic Oaks Addition, located at 5405 Rustic Trail, Case VC17-012 Felix Landry presented the case and briefed the Board. The public hearing was opened at 7:04 p.m. The applicant, Amy Adams, 5409 Rustic Trail, came forward and briefed the board. Mrs. Adams addressed that for safety concerns and aesthetics reasons she is requesting a fence variance. City of Colleyville Page 1 Zoning Board of Adjustment Minutes December 12, 2017 There being no one else wishing to speak, the public hearing was closed at 7:05 p.m. Board member Maynard made a motion to approve Case VC17- 012. Board member Kamerman seconded. The motion to approve case VC17-012 was carried by the following vote: Aye: 5- Vallario, Kamerman, Maynard, McNosky, and Deakin Nay: 0 3. AD]OURNMENT The meeting adjourned at 7:06 p.m. Minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on ]anuary 9, 2018, by a vote of 5-0. City of Colleyville Page 2 RESOLUTION R-18-4226 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF ]ANUARY 16, 2018 WHEREAS, City 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 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 16T" DAY OF JANUARY 2018. Mayor Richard Newton Place 1, Tammy Nakamura Place 4, George Dodson Place 6, Mike Taylor ATTEST: Christine Loven, TRMC City Secretary Mayor Pro Tem Bobby Lindamood Place 3, Kathy Wheat Place 5, Nancy Coplen CITY OF COLLEYVILLE Richard Newton Mayor SPEAKER CARD Date: � r�4 � � � Agenda Item Number: ��— Item must be completed! For exampie: 5a (this can be found on the far /eft side of the a4enda coQv) Do you have special technology needs, as loading ph �connecting a laptop or tablet, during your time to speak? _��es �No �ills eak In Su ort of this item. I will s eak In O p pp p pposition to this item. S �C Na 7`E' f �� I�#e-ae� wish to speak, �t please record my: ��pe�� pposi ion N a m e:� 1 I 1 '1 ;� i� � �,C� i/� � �-, �.—,�i � A-�--�'-f�./ �/1-� �� Address: �� I � ��'`ES�;E,L'!��y�; /'�v%i City: ��(r ,,%� �C� I understand I am /imited to speaking for five minutes. For agenda items not /isted on the agenda as a Public Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law� Chapter 551 of the Texas Loca/ Government Code. This includes persons speaking under the Citi n's Comments section of the agenda, Signed: � ��W�'-.,� �� information is a Public Record SPEAKER CARD , ,; � / Date: � V� — � :� �,-� Agenda Item Number: �-- Item must be completed! For example: 5a (this can be found on the far left side of the agenda coQv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do nst ish to spea , but please record my: Na me : � G'`'`" �1 Ge- � ` / �.. Address: _,�� , G� l� l, �► �, ��r r�l �--e,_. � �� support opposition City: l �' ��'r" � �� I understand I am limited to speaking for �ve minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Commen s ection of the agenda. �� Signed: c �� C� This tion is a Pub/ic Record ✓-. SPEAKER CARD ✓ Date: ! � �' � � Agenda Item Nurnber: For example: Sa this �— Item must be completed! found on the far left side of t, Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes _� No 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 record my: support opposition ...�:�.� _��-kD�,� ��1'uv�.�r�, � �-k.�'-�1 Name: ��% � �� - ��- �<�� '�'` Cit .._ `'-' l� � `�'_'� � Address: y: I understand I am /imited to speaking for five minutes. For agenda items not /isted on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking unde� the Citizen's Comments section of the agenda. � �}� �� <}-�_� ti Signed: � This infdrmation is a Public Record SPEAKER CARD Date::.�:�Nv1�(� � � rb �� Agenda Item Number: ��-- Item must be completed! For example: Sa (this can be found on the far left side of the agenda copv) �.Si-t � �v t �%��t Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? __� Yes No +-�i�rC�V� ��--1 Lf�� IGi �'v � F1''� . __y� I will speak In Support of this item. I will speak In Opposition to this item. � "� Cp M n� E�� __ I d�e�wish to speak,� please record my: __ ' - -- __-- � N a m e : -1'V�f��- � � f - -------- _ _ _ Address: ,�� .�.5`E/�•�/�i ��v �/� City: �Ll�y�'��-- ��<% �� I unde�stand I am /imited to speaking for Fve minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of [he Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of rhe agenda. \ /? .� S i g n ed :_�J�,v�.. p�. _�_ f�) _ This " formaiion is a Public Record Date: � rtr �l J n C.� 1� SPEAKER CARD �, Agenda Item Number: '- .--- Item must be completed! For example: 5a (this can be found on the far /eft side of the aaenda coQv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes �� No v I�will s eak In Su ort of this item�, I will s eak In O _ p pp p pposition to this item. I do not wish to speak, ut please record my: support _ Name: � ic � ��=� . �'%l�'- �� U��' ►Z �. Si,J,�_ f`-�i �� 'l�� Address: 7' �� I understand I am as a Public Hearin, Meetings Law, Cha under tite Citizen's �- /% �—L- Ll�i� �� /� City: 1 �� _ opposition N%L��Z,�i�f i:'.2f �eaking � five minutes. For agenda items not /isted on the agenda �if cannot espond to speakers in accordance with the Texas Open the Texas�'Loca/ Government Code. This includes persons speaking ec_tiv� ofi e agenda. Signed: l J � This information is a Pub/ic Record ,�, , � � , SPEAKER CARD Date:� � . I��-, �/ i, Agenda Item Number: ��— Item must be completed! For example: 5a (this can be found on the far left side of the agenda coQv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No ,� � = I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to sp �/ i/ Name: /l�"/I S� %� k, but please record my: support opposition / / � _�.... Address: ^� y� � / Ar�'�( �� City: l//7`'/C ; �� I understand I am /imited to speaking for five minutes. For agenda items not /isted on the agenda as a Pub/ic Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This includes persons speaking under the Citizep's Comme t�section of the agenda, I� s ? . f _. _ � �� Si ned: i`�?�� C`� g '�-` _ ! , c- '�.__ . tion is a Pub/ic Record SPEAKER CARD Date: r � /�^ /�� Agenda Item Numbery.��'`- f-- Item must be completed! For example: 5a (this can be found on the far left side of the aqenda coQy1 Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do ,�ot Name: � �` Address:?u h to peak, ut please record my: support opposition �' �� fi � �� City: `��=' �., I understand I am /imited to speaking for fve minutes. For agenda items not /isted on the agenda as a Public Hearing, City Counci/ cannot respond to speake�s in accordance with the Texas Open Meetings Law, Chapter 551 of the T as Loca/ Government Code. This includes persons speaking under the Citize�r' Comme,�ts sectio f the a enda, _.. .. _ / 9 C�L , � Si ned: _� This informatio( is a Public Record SPEAKER CARD Date: � �4 � � Agenda Item Number: ��- Item must be completed! For example: 5a �this can be found on the far left side of ti Do you have special technology needs, as loading ph � or tablet, during your time to speak? Yes �No connecting a laptop ��ill speak In Support of this item. I will s eak In O p pposition to this item. S`� N� �'f J� I�e� wish to speak, �t please record my: �{� pposi ion Na me: �'-i—{�� I Address: � � I 1 ��-E S ;� Z�� n,� �-R-/'�.•J lSR-t /� City: �-C1G�� I understand I am /imited to speaking fo� five minutes. For agenda items not /isted on the agenda as a Pub/ic Hearing, City Counci/ cannot �espond to speakers in accordance with the Texas Open Meetings Law Chapter 551 of the Texas Loca/ Government Code. This includes persons speaking unde� the Citi n's Comments section of the agenda. Signed: �1�iS2„F �/�� info�mation is a Pub/ic Record a r' _ � - L. � . ti:.� • < . ..�: `�<;�, �-r��'�-..,,,�.:. a > 6'+�. y� � �� . ' ' � � � •�T ' .. fi' r -�' . . : h� � �,:.� ,n � - .� �� t ` . . �'•`-:i + � i ��y� i� _.ti 1 : � �,,r�y„ ,- _ _ a . . , � !�t�` . �'V' t ' �. � .. - � +v,� f/N'x'1i..!1( �{ �4��i y. - � � � �J•7ti. f�� ti, R `�`�Vp . ' i,�.� • �' ~ •s ♦�^.�w..� �'lY y-�'�1• y•t. � hl...�r... C i'� � �� 1�FE �` . � �n'�' ^ . �,.;i � �Y'r G_ ��is.tf�L�.��`y �. ti1�Y,'�+"� s'��%r; '�\ ��" HY.�f v. i�-i ._ �Cy,��ls^�s,R�� ,.�,� !�i9 •�?~ `: � �.. � � .. ��"�1� �_ I��..�... • " l �� `� � �. + . ��j' 1 ` • ,i • _;�M ��..� 4 ' .- .. �b' � � � _ . . ..��4cw'�'�',.."�' �.��.-.-»��^ , •] . /. ' � . .'t . . �� .l�'... . . . _ _ . . .. .. .. _ . . _ _ . - . _ J S ( (.�:._ . . � , . K _ ; .. _ � ':; � .�`,' r:,.•�.,.- �.. . tt"' ' » r l.d.=' C'� � ,os,• . � .- � n. . T ' i < � -- �-ti.�+ >'"{^a �� -i.c e . �L'�i?l7 .�J. -Y r y� p�;.�v� �y y e^. r� r �: �,��,�� .. _. _ -- -- -- . - :... •,_ . •..t: . :, � c.p .. �; . .:� �. _ '� ,�_. . � . • . ✓.t-. a . . . . _ � ti�?" +� i��J'� �l ' • .. � ~'-i w . . � = -- - `�"`'"F�..''.� �4�.�,\. . _ . �� \�) �.c J � � �n � '1 v tC� . 'i� Q. hk'' .~t%•'.. .. ,..�•r��"_i��... .4-/� . �� v _ r 't,��t-, ^` : �� {�^"i A�� e� �`�.i . � �::,.�•.�J�.a-T. � "�'••'�f6�� ' '.i'�': �� A'e 1%r � e. -. �.il �r�'� �"t �� 'J�' �v .. F. '�:_ :�,_�..� .,�,� f ,'� .�,., _ � � �, a � . r ; �. . y' �,�� t - l .r.� i -.�' y.... � �r ' -i ,�1 �' . G. ��y ' �'.�� `x' La.`'!� i ,:�%sCk��7"�',�S �a''„t a .. , ��_•�.;'.:�'� v'..r`F i&'-";:� �,�� '�, *;r�, ,c ��Y� �� t F�. *� ��J� .�=�Jt�• :r ts. ...•�.t.•..0 j• � „ � �; : i-,^ r.'�1� :�k� n:�^* ;. A � �O ,. ; �y, Y� , • �c1 � . y� . . t . :. y ?"' ��t ti �..'K, 1 v .?`�� .. , . . ,,,. Y ``',.��` - �.''�.�� , �� l• ' � L ��'• .'. •� .. ' n'�l•. . .. Kl.P �.� 4+'1.'�. �. r � �"ti2 � ' -�'n l A $.s5k : �A�rr�' s� "'rF`� �r�. � _ .:t. ': ? �1i .... i� . ; M . F 'M �.Y�.�. . :� t J `f^ ,�/ i �y� ~ / �:stl Y.1Jfry��,� �� t T + �45i �N�,�� .}�!i rlt..R�t �1�.�. �4 � '!� �. _R � �� }�iiv.. "'v^ `Tw f'� � '�1 � �t�i'�Y'�. ...yi d �'�ry� 2�Scr-a:.,. 1-,4" _..�. j . �,�1•�Y'� ��. � � i . .' Zy 1.��ea . �,: 1'��) n �. .[ ��1� ,`^��.Y'''l�se+y��r� � ..wi v 'Y h1;,Ft . .. <in �' � ♦I � f ' � '� ��1 �' �Y�J�.� j'�.tsr� � .rf �� j �y 'i q�.?� ". .a '�, ;: r.:'6i .� i:� �ra r_-�....._.j'JN�"i'i..`_,y,�, .+'?s. � �!:s.� 9 :4 R .� �1� . ti� �� *'.'�`. , �r��f�d .,�',�!•�" . . �I�� , , . y..� _ Oie } . M. . r ` "� i•. ,.'.''FYQ .. R1 �'>;�' �:. • i�, ��•,��.� . ••. {�' v � f � �� Y.Y � � , _ .' . ' • � •' - yr �.�1 . .� � . . . �''� � >��`�F �� GS.�e-�• ' + �I 1n\; . •� • ✓Ju�,�^y .%'Fv "' ;. x��s � �� _ ' i : . , ^,�'' �.�,, .�..;.�y� � , ..� 'I . �!'.�'• �'A��!��'\i�.:l •� • _ ' ;"qp, . . _. , •2rw �"+�y" � \f' . T�.� I Ny . �` �� - �� ",. �,/ � n r �I,'� �. -y�..E;mi�°'t u "-,� - � t'��i r,. . . ' - tiy� . ..1rV. �.`y�,.,. Q � �t i .; , �z,r - t s. . �.ih � .+1�,�. . , .tw..: .. . . . . .. : ,.•�i"� " � � f p' �1 :Ila`•x• � . , f' j , ' �. j�� Kr", � M � �� .l.V�� .1.i� .. .N.�.♦ .r-:. _ , ':..�.�f^ b%.};yF-: �. a:. ;.^""ryy,•• .i�r; .._ .. .��:'.�_-._ t�l:•� . . . . _...raor.m �� -".W.:s�Rw,._a,�;,�.�,;y` " . ... �. •.... - . � � t',�-titR.t.w'�r - �Y -. ' w . � �- �=. �.wt r-{�,i*�'�`'��. , ; �.~� � i' �~':: y � �.- . . . . � :!` ' E �` .J1.?.r� " � - .i J r .. 3.� k '` > i . . �. r �S)si�,�},�'',t ,. . �' t�.�.::;� , ,�:;�; � . c•�:a�,'. . �' �.l;i' _ _ '.+�'•,s��l 1Y .:: 1��: vf� �lfi:.Yr{`Y:. i �'rF.i l'h . y.�?� I � �ii'� � ..�'i :: �. .Yvx`. e �.. I� �$ � p I ti � ".i, ��•i�.'f�� J iti i''; :,:e• j, r. �,, �:: . ..,; �.�;!�"" ; ,,, •. " \;V�r i' _ �x � .l � �I ...�.:.� . .. . , � ` . �1�. ... . ` . . . : . � 'y.f::r � .. ` . �� ',.i.�� ' ,� - -, ^ :� �w i �.+.� . «�� A� �. �) �� J . 1 4;:AV4 I J .�i + • 1 ,(.. �f 7' , K,.�` �. y � � v � M � � ' t j ' . ��' { .,x � �J . ! L-�;(y"`�'4 �. � � };"•,�{��♦ � F,�L.::iyr+yy��'t!f',k t .•,�� a�'n:�i+�.,A � .'�Ssc 1��`:. :�.�iC,'?l?'�R ��`.v .s:'-� '.- .. ��r'� w��,'.: _. � � :� `!A�� ,� y'r�}' �_F`i•�� ,R'! � ;;, , ,.�2` j;r'�"';, : y� ��a �.i r 4;'� l'i_�,, k'�''•L.I��J n• ...��4�. , �...•.•s. . . � ;.,'� -.o: , �� . .�� .r� Y ` . �_�. :��..'. � . . .. r -. :. . ...y . { ,i�'_ ,_ .. . 4�.. � . . � •�• ? �� .r +. t��: �� "` ' M �� - -� ti'�1P�`� SPEAKER CARD Date: � � ' �—� �i Agenda Item Number: � Item must be completed! For example: 5a (this can be found on the far /eft side of the aoenda covv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do �t Name: ��G'� Address: to spea�C, but please record my � �- � � �� c'� r^�. support opposition city: ��y!//� I unde�stand I am /imited to speaking for Fve minutes. Far agenda items not listed on the agenda as a Public Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Gove�nment Code. This includes persons speaking under the Citiz,en's Commenfs�ection of the agenda. Signed: C This in�rifiation is a Pub/ic Record , ✓ Date: � � � 1 Agenda Item Number: For example: 5a this SPEAKER CARD �-- Item must be completed! ✓ Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes � No V I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: � � � ��3v"�'�` �� City: I unde�stand I am /imited to speaking for fve minutes. For agenda items not /isted on the agenda as a Pub/ic Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Cade. This includes persons speaking under the Citizen s Comments section of the agenda. Signed: `!� ��vv��-�'� This infdrmation is a Public Record SPEAKER CARD Date:�J/�Nv�R �� 6 �� Agenda Item Number: ��— Item must be completed! For example: 5a (this can be found on the far left side of the agenda conyl SNCwI �%�'t Do you have special technology needs, such as loading��photos, connecting a laptop or tablet, during your time to speak? _� Yes No �->�Kc�v�;�Gl �RS�:� r�,,rr�-+� _ � I will speak In Support of this item. I will speak In Opposition to this item. � �"'� CpMMEti�, ✓ I c#a�aE-wish to speak,�please record my: .__lsnppor� __._—eflpositTsn Name: d'V f�—l' � �'�G.i1_��T 1 _ Address: �5(' � f Q�.SE/�a/�l ioiv r-�-�F City: �-f)Liltii�«t��--- 7�0> - I I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hea�ing, City Council cannot respond to speake�s in accordance with the Texas Open Meetings Law, Chapter 551 of the Tezas Loca/ Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: This is a Public Record � SPEAKER CARD Date: ��' �� ,� i� � Agenda Item Number: �"�— Item must be completed! For example: 5a (this can be found on the far left side of the agenda covv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes �% No �'�I will speak In Support of this iterrk��I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: �, l�i �i �1 f-� �L��l= - i �l 0�2�2 �, Si,� ��i» �/�= ��Z,Zi.p i.^.A/ ` � Address: � �� = !'—L- L��S ��? �V/� City: �� I understand I am /imited t speaking'€q Fve minutes. Por agenda items not /isted on the agenda as a Public Hearing,� City C nci/"cannot� espond to speakers in accordance with the Texas Open Meetings Law, Chadter 5¢1 "the Texas�ocal Government Code. This includes persons speaking unde� the Citizen's�Comr6en section o�qlye agenda, Signed: / J This info�mation is a Public Reco�d ,;• �_. , SPEAKER CARD Date: �� `� Agenda Item Number: ' ,% �.— Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No = I will speak In Support of this item. I will speak In Opposition to this item. I do not wish�to speak, but please record my: support opposition Name: i � Address:�^�� //��1:,��/�� r� City: I understand I am /imited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearin9, City Council cannot respond to speake�s in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code, This includes persons speaking under the CiYize�'s Comme t.s�section of the agenda, �, /� � � � Signed: ��i�, t,�i� -��,� -� is a Pub/ic Record SPEAKER CARD Date: ��—�� Agenda Item Number�_-� �� t— Item must be completed! For example: 5a (this can be found on the far /eft side of the agenda covv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do.not i�h to peak, ut please record my Name: � �1��,1i �(��vIID� Address: �U h. �j.�r � iZe-- support opposition City:�� `��! �� I understand I am /imited to speaking for Fve minutes. For agenda items not /isted on the agenda as a Public Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open MeeYings Law, Chapter 551 of the Texas Local Gove�nment Code, This includes persons speaking under the Citizep' Commeqts sectio %f the a enda. �i ./ _ �.'-� � /` � /� ! l - Signed: LG�c�"�� _.._. This info�mati is a Public Record �,. ,' '�y„� "��,. . Is �, Z� � F �, �� 1 _ '1. ..,� , �� ,. , ; - � . „� �,,� Jr , � « �� "� �ti r� �`�J: 's ._ ''�!"::'�:� �� ` _4: ik(�' � • y ' yl. �� )� S� ♦ � 7�' � r , . �� 4 . � � . —r ��— '� .� . " �Y � +i n 4 ` ' �► �t . _.wt.; �_' �_��``.' 4 . ��`,� � :.�,=`t� � ._ �, __ � _ . �� c _, �� ,� � � � .� � ,, _ - �- . - :;:�� ;- v `__:=,� -- =_�--� �<, _ n� - _ _ _ __.�-_ - "�: � _� . - -Y _ _--, _.�� - : �, `a- . -�„ : . g a . ' . ^ .. '_ . / �.e a �-. , - s ,� ' � � a� ..a�' -.� r � - � - � . � ' V _ ._. �� yd�� s�' l,.f � _�„ �ti,b� � .. - 1 _ �. _ rG` `TYi 9 - H - -z"� .. '— ' ,.�`` -a--,.� ' �;l __ -� � -- - a.j - '- 7_.�_-�. ___ _._ � � � ._ - ... ,__ , �,.�r...��a��i+��a- _--- .,. .�. /. °. � . 'y . _o -� P '�w�^.�7 .' ' . . _ "`� � � '� .� . _ __ _ _ _ . , , � r`�-y�!!•a'a- g_ _ _ -�- e.�" ♦+ ;' � �='.'.�.��'.,,y� � "'+�`,�"'�� ._. ' .;. ' . - � �� - _ .. � .�•..i F ] ° i �s� '�Tc�s �.l;s Y � � � 4 • t�a �i'��• t� � �..a S�� tS� � . ,� .,,�{, 3d ' ♦ �.r'4 ' . ` i�-i • _ '. _ _.. 's'3. -� �� , . .r � i'd.�', � '` '� �-�.v^ ''�'' � - - � . -� i �..�� .. .... ,� 0� r� f 4 � i.: ... �� ° . . p �-' Y7 : i/ . c ✓F .. e"i� Sr a �� 1 � � y -* ti �':a'w -e'..' "'i'r`-z'r.a� ' i �� `� : �G�i� �� c�'� t.��u :. , �r \��nl, '��Y�� ,�i "�..�. �.�'. M f - siy... %4 � �t - � �: � �4 � �. ! Sr�. wr,11 RA 1� .,- � � . r �r �s� �l �� l �+. 1� ' �i ,ai► ' !.':_ �l �� I i ' �=, �`.� �R �+3 � � � y ..f� i�..,'��a �i _ yti ��V � j .�. s ac • � J�.4 l'i �� 9` a � s2 .�.n` �.- ��- ,� r �.-�,��. . ,.- �1��s . .-�,� � � .�.. �� _ . '� I � f 'ai�lr'� ai , ) � .� �VRF"' �r. ��_,. �y u, i:-��. !� c /I!7`. � ..� 4 yiNr '7`a ;� .Av...a4�'. � ^.. �wr � HZ' f ' y(�y-. _ d �4/ f„� m,!� > �1�� r �LI/e }>..i�Jt 9� �,,� I f4- `� . ! 1i\y � i'.i.� ��' �, .:� � ��1T�i�' � � 'f` � .. a��'^ c� ��'�ie3��' s! �,%�fA� �\``;-• "� 1! `�� - '�:'� .a� a.�r�v..yi`'� . .s � �F.�, -�o ` >°'� L i a a 1�g'�„ Z., � 1��y .,� �j� `� ,.q . 'C L�4� �' +., � r1 c' . t s i /l 7 � i. 6 �y .'i\ � M <- ay�. � rA� e� �' 4a . .��. a .� �--..�.r . �7, 1�G�s7 4� -oa:M� -1 �( �c�y �.�� i n�iw'Tf^ .� � .�+��.` ' . .fa-c :'�."� y . 1� �� fL C. ��.ti '�+ �T�)` " ' � _� � ��{� �� 3�� E�'� : �� f �,+o-`�i � .n. r'' �+ � � �syF�. � ��# "_T �4's �� .'? '�Lt��'°'r; . „ ' 'Al �6 � _ � � `��- i .�, �I'i+',a : "C• •�A/�. � ..:r/1) , .. .' ' .r� %� �+�I.lc�'� q►t/r . .-y� ,�. . :. dk � O�i�� , • � J , . .'*,1�" �'�'k,,\ � '%y "° �. ».q'�� 1 �4xr ~': �eka �'._�� ' ., _,-I�,.�j�•,',p{ �' �D.:t. ' "r �f y 'r. f . '\�. 1' ��,i �„� ��j � � j�.' , r '"•'� . .. � . . . ,,: _.e � r . ��}.� r � a � ." d, • �� " ' '(�'•J � �'w� I ,� � %9i y'• � 1 � ' y!_ .^ � i �.,+�. . /� � ' 1.;_ •. �^ i r / � -�*. �� -�i. . � � ±� � �.�{ :� Y�l�� rw �`n ♦ � \ v� .�1� _ .:.v� .. � ,�ra`._ ;; � S .• , I: �._ �-��<� s.'.cas,f.' ' % . . -� . . �W�b��M d�StR ' � �1�. . �_ _.A. _;.�.i.Y'�. '`��..' .-- --.�� :�..r�-�=-� _.- � ui _;;.,- �,;�-•��--.��,�' .,...•---- '/ �.�.,�^ ,�- � _ ., . . �� ys„�=� + n �� . `" �� "`�7s s � � ,,..�a �uy�l�' �x < C� t�: � � � _ � r x ys�' -:a � wT a,v � ra,{e^ .ro� '*' , s ..:-.: � . _ ' -'�`- s.. "°�«,.. �. : `: �r � , ; „': � '� .t'�LtJy,�,,,,ys�,',a'�5,,`�� t'�. - - � `� �4 : r ...t�:• >� ' rc.[`'3t°�-ve".F�- : �sr � . _ . a. � a.F`M.'.. v i �'> '�-S'�•-�,�"�' ��"� . , y = ^ ,a;�i« a : 'k ` ' ' �2 �V �c °"" 3 - ." � � , '�! g y1A v ,�� ( ' rrw� ` Y` �M �y Yt ��. ` � �� i'' �' .,,< �;, �.,�r�r„-��' �-`�' �'+�a c � �z F,�� {� � +`n � � yt+»ti� 7 �,yr �, '" � ` 3.: �.,�ri '� � , �`�C. �s��"'t` . �. S �.v e' (PT� f" �' 4 +��Y�� '^s � � ' _ � �^ : .. ._ . �'�, �k r ' � ' ' _ ' . . � - :.M .,�'� � G � _ . � y� 7\i � vy� _ � . � � . �'� J ti .0 �. ' . x .�, ', -TlLYY .' �- _. _ g� �.'."`" � -'"� cr!" .� `-� . Y�z'�� -ut i��c r� - w-' ___ •5z� _ ' _ ' _ _-. � . _...�:s ,__. _� .c . . � , . . � } . . � � . :j: ,�,v'�^.�i ,F �• �. ' . , ,� : � .. , �.a �, �. µ- .�;�. � }� :4. ��l�s�-'� - _ , ' � ;: r =;� ,�: �: ,,� , ;.. ��,�, ,. ;,,.`. �� . � . , ;. __ -, :,��'_-_� ' . � ;=��-: � ��`�-� :; `=� �; �� .; r�;a �w�y�a\1 � ��' J�. �-�' r ��rr4� '• �,rjr �'� : � - - . . � t7= : . �... . -..,�� . -=*F: �ti�:��.,,� �' ' _ . �'.� . t`=` ;1t� . �. , - -: `,;n- . t . .��`tb°1j , a . _ . � :.�. . .,.�-_: ,,: _ � �.,,�� e . _ � 1! .. - / - . .. r �� ;' f �� s . ��=i .'. . 1 �.� . � R ,,. y�i��F" �: ' i r . . , . _ �,iw.�:.- �. � > � . i. �-• ,.. , . -.�'_�„ �-� � . � • � ��.� Y-. .s�. -� - � ' � . ' �1r�w" �-''� � t ! � ' ` Y / --�.�� FfF;+�" " ,�� ' �' �+�r� ' • *-'!f�_ a'-'' i � • i ty"% � �, �'r �+'" ti, '�—�J : °f , �F`" '.: � b'3'�� / , .—' `1�� - - 'Q%' . ' �....�St.�. af'• ._ �� C ��, ` _ ` �. � 1� � �. j.�..�r �'~` � � � '�'� r{','' ' ,,.. t i-'_`� .f?.e'. !� ��;. ..r! .:�.� �`' �_"y�� , ��.• � . ..p4 % _ � , i .� `v .. � � �� •. . ` ., � � � / �'� � ��'� %,! � ` � .� � `.� � �:� � ., i .. e,� -. J �, �,y .. ,3 ` �,: � �.'�; . , f f � = rl - •�C �` •' ` , . _ :�,r, , � . . . . �j � �:. . -� - - .'r .. ._ -._._... _.' ' _.. iA�lrl.y'V� .-.,:�.�� ..-.�. � . .. . .. . ... __ _ _ �,__ �,. - ,.� _ -- - _ �-��-- , � - - __ _�-� - - - --- . _.:.._ --�_- -..��=., � � ... �„ . . :: . _ �" = - : ..-,�. .. _ ,_ ,_ _- . ,.._ , _ .. t � � ,�,�,.�' : -� ��5'�"��'�Yt`��t ` '1 � r - - .; _ F t i �. �•� ': '. -t .a.� .. : t.�:.) )l ! . . a .�:.. . . . ' , r.��. ..-.. ' .(.i� . . ... . � .. . . � . . � .. .,. _ . . . � . _ .. . ._ . ..�: : � . . . . - . . � — .. �. ` . . . � � .: .: . . ' . . . � . . . �. . . . . . . � ' `.. � .. . .... ' .. � �.. � .•: . �. _. �. .. ' l <l S.' ' � . . . . . . y � t .. - _ . Sf'i?s'.F......o]�.,. r�!`�.'S�; J `_,'��", /a1�i ,., i.��..r'.. , . '�.. , .., t�t� . . . . . , . _. - . .. ... . . . . . � , ., � �i�r � � � � �� ,"� 'r � , i _�'� ' �', � � � ,y;,� l. , -� ;y � �� _ �V / , �, E f �,J r �� i _ r a � C: � l i � �� '�,�� ti, �`� '^ `�� ; � 1� �,Yry� �;,�'�t � '��,�r � . �:� ��a. �Ctt ,' 3`ti�..^ �7' �� \ ; (' � � / � � � r YC v '!! l � �� i i I �J,� � � �`� k3� ��Yf ', _-'' �'�"9:t I4 -w_y` �7� ! .�' � i .}� / �A� _.. `1 - ��, "� � � � �qy � �� y � : �� i-- � -. � � � �_.,�" �' \�� + �� }�r� P �v�y � � � , � � ��:�. ~ �, � �.�� \��' � ��:,�-('�i�'�{� r,%r ��L[ � I � I � /'� o. � � � � '.� ��,e';� ;,�� >d � ��a � �, ;: -� � _ , > ,. . , < < _�t �,�t � .� ,'�� << < �/ , � . � . ,� �y, � � ' - r � � '�' �—�.�+�,' S '- �� ! �/, �" ' ; , �`' �� '' '�` . �. r�: i � . � * �??!i I� -_. " �-C i _3 /� i� ) �+ i �'�. � T `�\ ,� j'i � . i � `� � ��K `� ` � 1 ~ / �� '�' � / '!� V � , � ' ,% � \ �Y-\ �, '�� j � V ��X� _ �._ ' `� , �.�- t . �. � - � � \ \ ��1+i \. \� \,.•'�•_- t : � ' / ! / C"� � �� Y 1�1�, �� " \��.` � �i`� . �_( t"x V'V '�� '�� 1�� _ � S.t�_ _ � '.' H ; ��T . , . ��' ,�\ f �� 7 . � �i.i�: , f _ w.�:- ti. .. _.:r � . . ' _ ' ` . ��. ; , :y,. . . ...: ;. . II F'�`�'��'� ' �. � � ,� --.� \V I �. � , �_ � .�: � . �A� ; - � J _ _ ' � � � � +w�� - _y.. '�j..?.. 'L�� . . , : ... - -- _ -_... �i !+.�-_ ___ �. -�-_- :,.,� ..: . . __.._. _ - _- - . � _ _ — i � _ _ . . . �. .�- —�_ .-:�,•- __ _ . -..__ . _ _ _ __ _ — � _ _ __ r _ ___ ...:..... _...-.s. , � . .�...., -._._ , . . _' �"-_-- ... . _ . .. . .._ �,_ . _ _.. . _. .— �'_. .. _. . . _. -,. ,. � .. _ . i .. . ..�,o,rll►� � - .". _ . .... ___.. _. �_ ••__ . —r... _. ' _ —_ F� . . � . ,.. .•._ ... . _.... r _ .._..��. --.-.-.� ,��.,.�m�� _ .. . � ..v..,��.srw�.� _ . ' . . __. ._. _. _... _. �..�-�- . . I . .�r: ��y�y.re � :�v� '_, -.: � ��.:��_. . . - . .. . . . __ , . " ..��m:_i:.: ' . . � � .......... . ___�'�_ .. __.. ...Y+i�FHfy�_ . .. ... ... ..... . ��:n�a'Y . .. / k�.� ..,r �� .:�,. .3 lr;.�ey .a�� aa � { .; .. A`� . ,. '_ . .,.,,�,�t, i, �� .• t-, a�5r`F -` �� x � ��'i � i. ^ a: ' .��.a3.�a c �,'r _. '�� S� ��i; Y ,j ♦y :ti. y.fE' . „ . ' � ''�'x �' � c� � 1 w �- R n 5 - '!'� Jq, n'{ yd+ �, r st �f^_ � ry� .• � ..n � � ;' : '. ; .. � � / ^c"_ '� .. r "�!� ' .- b �tR+S�� " , . 4'' ° i'.h i�'�.� .t :i k �- � `�^. . .�. > ,.�" '. - � � d��.u`�'i x � } i��'j 4. } � ��R��.��,i.�4a�.y ��,'b'�� s A'�K�� ti yA� � � � `��+'� � 5`y �..�� .�r� t . r .�t � a t H.,... 3� s �k � i r"'�. .�lf'.�°��`i`i � 9^ .-- "Pf � � k '¢ "" "� � Ari . _ ..�.�e+"- _�..'�'. •TYb_...'Yak. .. .. �1. ._�1 . .. .._._1L...7i..�.8 s ��.:.. ..NY.. F",�'la'.- .F'^` _OL ^ . . `� , • .,.: - • . �: ,_ _ . - . . . ' . .� .' ' � . ' , � . I; � ri� - " �.:'�. + . . .y. . - . . � Z� " . � . . ' . __ . - ^ f - )R _�"'� . ' �� ' . . _ -L'. ./p ' '� � . . . . . �, t ' yy . • . . � . � �L �.,^i . . ..��-��__ . ��_� . ' _... � . I ) , , �r� • _ . � � -= = tk . - - ' `�^� - , - t _ _ e . �"u. = � - � �` �. . . �� t� . ' � `Y. � .. . Jt : . ;� . r \ 1 �,��.. �.} �� r .� � .� f,. � ~ _�! � rr .i� �" "�` '. F / . .. J'_ � , 1' ^� �� .. \,"""��_ �� ' . . ' � C ,. �. � � . : � "�= � ,;� �T�� "..J . i � �� 1 ! '\�� . ;.�.y-'_.L�i. ��p 'Y : � �� _ lY�:. ,. �C� . �� s . ` / . . .. �\� �" P . � � � � 3 . T / . \ �� _� � �� +` r � G . ' " —S ....r j. f ��; � f �.r f,� �:' l ' . � r�,�/ � � s `;� � . , - � _ � , -�� f �^� �, r �/ . � � V �� '' ' ' ' 1 �. _ �� r: ' , ' �� . - � ' � , ' . .. y;,.-�d K �. d . - ��'. � . � � - '�rl � � � • . , .' y i- A L C � � � � . ^ _ i � ' ' ^ / +� �a� . ' . . � � • . . �'� ri✓� " . . ' . . . � ' � ' . > � ,� \ryv�-. . � . . '�. . .. . � -''� a�� j . ' : � � . � F�. r� y / . . _ ' y-' . .. . : . . . . . rl %:j ta.' .�,\.' " . . . /� Q .� - . . .. ' " '�. ., . ' . . Y'a , :, ., : ..: . _. .w , _ . _ >. - _ _ ,. . - ; .�.=� . -.. ,: . „��. . ' •� ` � 7 r � � �'" '}� ) P .. " .�.rr a� ! . � ' + . � � rx..`� . � �"c�,it V' r d �..,=��A v §.`I.fr4V1',SNy„w,� ' . 7 �' . A/ �� .1 ! Y R .�T�:lY' � ,�.��1... � �Y_ A .. •.Ih..•�hEC'A .. � ..� n E "r ��,,;� �—�`- � - g+�e� : -. � '-� } . �sF. � , . � �w �2.. �Fr., i � . .. C i� ♦ r � _ r !n e ,.--�,"�� aaN L_ti' •.. 1 �� ;� �• 4 �" •.� r = ? .�' S �.;��/ i�' � � � 1 �T,�—" "' -`�, ,\Y. ` . � �:� . •" �� .� r,1"� . . � . � . �vJ�.' �2,� � �� , � - "1 -i .. .. .��! v � . I. • , -� .`� ��L' �: - , ;.��+�+r,� -- � __ > � __ _ r_ _ - -��-- � ._ - _ .....�a � �i ,�.�� " x _� � "? ' � � �..r. ,.. . , , � _ , � _`�_..'- -�ri'q.. - �� : - �.... .`, �.:_ "-1"` 'V... .- � -;"` ._----+ � � .i ,,q,.sa,�ti�,�l,.j� �° ." � „�l, � �.�,. �,Z � ' �„ �� 9'f^�Y'�il�`t�-� � - - lr • � ��,�2�' � ' �� ` S �t'�� \ .t�' ..ifa� � .... ' '� na� '.� �. �,�^ '.=� �a;._ �' .+^�i.�ti*,� 6._ -�� .j, . ^ �. ' y � « � � • .. ' ^. - � � �� !; � ;�� ''�� .. � �, ' �� .� �r i ��'� � ` �. . ' Ja '� �j,e ?�. � •+► " >., � � ; ilC, "e � \ <j . _y w!^' , '.r i�[P v. * � � Y S',-0.yt e' f,' f�'Ppx �', � ��^ �� t' �.�;�� , � a, �, � i w '. �. i }�. . i� �[.r c � .,' �� f ��.�* �.c/ , A�j� � i' . .l�y �a �A� � -� i �� , �!� Y ,r �5��. � �.m a` �.� �. � � �� \.1 � � .�. � � . ; . +1C�"'� w� ._ .f !,`1� , '"��iA�i; , _ y ; y t r'1 I i��., � � � �, R � •� 1�i\ . '� ,` � �1 . .. � �r h�1 �� , '��„ �I /R , . �`��/j' �f t ! /i 1 �'�, � ', .1 . <- ♦ I '� � � ° ' � '�v��' ' `i • iP �f� � �� r r , gy „ .. � . 1� ':. ' � �r ` : t e �:�_"� . r � it . � � � `+ � t, i.^ 1'�� /i`� � +�A',C�i�°r a F �'c �,, ,t " 3� •`R 1 '.�a'� �� ,�n� ;r . : ' !� e . . .� �i ir i ,�,�,, � 0 F '.�,�,.. ,' � 'i�' `��9r:: \e �. ' i �� t�., . �; . . ., . , �*�� ,,; 9 . '� . • ^ � . ,y r� -' �,��,:�., � ' �•'r � . � � 1�� l`�, ^ � . � t;`' .� �.��'. �f.s, ' 'flu. .�'. . _'i" , :Q.� . 4\:�-. �� 1�.,1` :IY, . . � s . : �' : . A� _ T �T Y .1�k '. .'. '�r Y'� �- .t Sr FY.','?,_1!C^C, f^-' 2E.: .x.. �;•f � :::� � �'"<T; j�"�1��7' `�� ,;e � . t. -r-•c }� . �± ; . ,. il _ ,. . :�r� . �-�- � �_ � _ � � �- 3 • 3,�� . - - � ,.,, , � _ ¢ ' _ � �3/� '�. �n' .. � �• ..w . '�� '4� � �� -,K %J...-�x,i . . . , � �,. � . _ t _ _ E _ � �' �. ^ i j' ..f+r a.� �. :::f + �4 ` a.�-ay'.c� �'"'�,"�''�: � .. :a;e'"'' � . � _ _ .� J . �'3 . ✓ �� e�{� �� . �+ti I �7M� � � � -_ ^ k t - `� 'CS� � _ . ' / ' _ .. ''' � y� A `ti41`j^ ^t > .f�i a i -' _�,. ' _'�rr - �. � � i � �,l�A �`P� "i ..t�"�'�,,,'w� '� � b !�i'.�� r . . ,, .' . . _ � v �r � .s' 1 rt 'sM�!'� µ , � � - � ��. .� �, � ,-�. � :� , �� 4 �L` 4 �3� i �� .. . � a � , � r � � u��- -'•r ,r,y ,'^�P ar �� ., , ✓ �� c � � �' c-�yr .,,� � �'-;:� • 'C �.f' �sS� �"'"' �� +i `. . S�, `` - '�, �� - �j,! e/'.,, .' -i� J%t� t. �. $' �`5 ,{l� - �'o �t� _ 7\ � _ , . r'�� '�J � �� J�y,-,�i � � �� 6�1� `-. � 1 �.- � i.� \ �(.. 1 • ' S. / � S� .� p� / y '�i � . �' � r`r- w� �/l ��,y' lr' I � '•s`I... R � �'t 1.p •` . '3 -.i7.G.: . yrr�� if'• . . �.�� 1��}�.� 1 _ _ �� '. �.✓L� �. O�w� �V� .i��`�.�