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City Council-Agenda Packets-5/5/2009
~t.. ~;~ ,. •,.,. City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 5, 2009 5:30 PM CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of possible amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs PC-2 Presentation of the Monthly Financial Report -March 2009 PC-3 Presentation of the mid-year Fiscal Year 2009 budget update PC-4 Discussion of the May 5, 2009 regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -City owned remnant parcels (former water well sites) Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 5/1/2009 City Council Agenda May 5, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3090 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation - In recognition of the Colleyville Garden Club's 16th Promenade Garden Tour, May 3, 2009 - Carol Wollin, Garden Club President, Kathleen Sorrell and Suzanne Hughes, Promenade Co-Chairs Proclamation - In recognition of the Keep America Beautiful Great American Cleanup and Arbor Day in Colleyville on May 16, 2009, and the City of Colleyville's 11th year designation as a Tree City USA community - John and Charna Gray, Chairmen, Keep Colleyville Beautiful Proclamation and Presentation - In recognition of Building Safety Week, May 3-9, 2009 and Presentation of the 2008 Building Officials of Texas (BOAT) award -Bill Elliott, Building Official Proclamation - In recognition of Public Service Recognition Week, May 4-10, 2009 -City Employees Presentation - Colleyville Mayor's 2009 Community Service Award presented to Don C. Davis in recognition of extraordinary service to the community -Mayor David Kelly Presentation - In recognition of the Colleyville Fire Department Fire Prevention Clown Program, Joyce Dunkerley, FM Global - Rob McKeown, Fire Marshal City of Colleyville Page 2 Printed on 5/1/2009 City Council Agenda May 5, 2009 Presentation - In recognition of Colleyville Fire Department personnel for their deployment during the North Texas wildfires, April 9-11, 2009 - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3091 4a Approval of the minutes of the regular City Council meeting of April 14, 2009 4b Approval of the minutes of the regular City Council meeting of April 7, 2009 4c Approval of the minutes of the regular City Council meeting of March 24, 2009 4d Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of April 14, 2009 4e Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 4f Approval of a construction contract with Peachtree Construction, Inc., for the Street Rehabilitation in Tara Plantation Subdivision Project, in the amount of $400,509.00, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 4g Approval of reallocation of funding sources for the construction of McPherson Park Final Phase and the Colleyville Senior Center Open Space Trail 4h Approval to renew a contract with ADPI-Intermedix for ambulance billing services, and authorizing the City Manager to execute the contract 4i Approval of a contract with I-Stream billing revenues, and authorizing the contract 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING for direct deposit of ambulance City Manager to execute the 5a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings City of Colleyville Page 3 Printed on 5/1/2009 City Council Agenda May 5, 2009 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3092 Approval of a request from the Blue Shoe Project for a Mass Gathering Event to be held on June 13, 2009 in the Village at Colleyville, Case GC09-006 6b R-09-3093 Approval of a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Senior Center Advisory Committee Minutes -March 19, 2009 Planning and Zoning Commission Minutes -March 23, 2009 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 5, 2009 - Reading and Public Hearing -Resolution R-09-3094 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 1, 2009, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Prinfed on 5/1/2009 City Hall '~~ City of Colleyville 100 Main Street v:~~,~ _ Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Community Development Department Agenda Date: 05/05/2009 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of possible amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs Attachments: Location of Existing Electronic Signs Area City Electronic Message Sign Survey Proposed Amendments to Sign Regulations History of Legislative File Version: Date: Acting Body: Action Text: 05/05/2009 City Council Title Discussion of possible amendments to Chapter 7 - Sign Regulations of the Land Development Code regarding electronic signs Explanation The purpose of this item is to examine possible amendments to the City's electronic sign requirements in the Land Development Code. In October 2007, City Council directed the Sign Board of Appeals (SBA) to examine the electronic sign regulations located within Chapter 7, Sign Regulations of the Land Development Code. At the SBA meeting held in December 2007, the Board made the following recommendations with regard to the existing electronic sign regulations: 1. Increase the message change frequency to once every 24 hours from once every five minutes. 2. Create a time and temperature sign change interval to once every 3 seconds. There is currently no interval requirement. In December 2008, City Council approved, by resolution, an appeal to an SBA decision regarding the operation of an electronic sign. The approved action allowed the owner to change sign messages at a minimum of once every 10 seconds. The Land Development Code currently requires a five minute minimum. City of Colleyville Page 1 Printed on 4/29/2009 Agenda Briefing Continued Staff recommends a possible revision and addendum to the current electronic message sign standards of the Land Development Code. Section 7-130 General Conditions Applicable to All Signs would be revised to read as follows: "K. Electronic Message Signs Along State Highways: Electronic signs placed along state highways shall be allowed to change messages at a minimum of once every ten (10) seconds. The display of time and/or temperature may change at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property. These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road, State Highway 26, or State Highway 121." Section 7-215 Prohibited Signs would also be amended to reflect the above changes to the electronic sign policy, if approved by City Council. Staff recommends that subsection (H) read as follows: "H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled, any illuminated, animated, moving or flashing sign. Exception: Except where provided by Section 7-130 K of this chapter, only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature only, shall not constitute a flashing sign." Pending the direction received fromthe City Council upon discussion of the these proposed amendments, staff would place any amendments to the electronic sign regulations on a future City Council agenda for consideration. City of Colleyville Page 2 Printed on 4/29/2009 t ~ c w ~ ~ Z ~ .~ ~ ~ , °_' 3 ~ ~ c ~ 4- ._ ~ _ ~, O ~ ~ .~ U }_' J f~ r ~ O O ~ .~ O r ~.I,i ~ V ~ . ~ ~ I U ,~ O W ~ ~a~ ~ J ~+ ~~ =' V~ _ ~ .~ .; ~ N W ~ a~i a~i~ O c v ~ ~ d ~ .~ U O. N /~ 1 ~ C s W ' ca m v L ai ~V ~ c ~ ~ a~ c~ ~~ U Q W" ~ ~ L ~ 1~ m d \~ ~~ v- `~ ~ ~~ ~ J d N v ~ J (~ ~ to Oa • N O ~ ~ ~ o C t .y o ~ 'V O ~ m U w ~ .~ O ~L i w w Y C R m d C 0 R .Q U Area City Electronic Message Sign Survey -October, 2007 Electronic Message Specific Other Message Sign Type Flashing or Scrolling Change Time/Temp Ilumination Provisions of Sign Allowed Blinking OK OK Frequency Frequency Standards Note Allowed? Coppell NO N/A N/A N/A N/A N/A N/A N/A Allowed only in Monument 15 Seconds 15 Seconds NO Non-residential Flower Mound YES Signs NO YES Minimum Minimum districts and on high school sites. 15 Seconds Allowed in Monument Minimum; 24 3 Seconds Multifamily, Frisco YES and Wall NO NO hours for Wall Minimum NO Religious and Signs Signs Business districts Monument, 15 Seconds 15 Seconds NO No district Grapevine YES Pole and NO YES Minimum Minimum provisions Wall Signs Monument, Messages not 6 Seconds Time and Temp is Hurst YES Pole and NO YES allowed Minimum NO only allowed in a Wall Signs PD district *Signs are approved on a Keller YES* - - - - - - case by case basis through a zoning site plan process Allowed in Monument 10 Seconds 10 Seconds Lamps cannot Commercial Mansfield YES and Wall NO YES Minimum Minimum exceed 50 watts Districts and for all Signs institutional uses Signs within 100 Unless a school Monument feet of single use, si ns are onl 9 Y North Richland Hills YES , Pole and NO NO 5 Seconds 5 Seconds family must be allowed in a Wall Signs Minimum Minimum shielded so as Freeway Overlay to not shine onto Zone. homes Signs within 150 feet of single family must not Plano YES All Sign NO NO 30 Minute No interval shine onto - Types Minimum requirements homes and cannot exceed 40 watts Minimum 6 Signs only allowed Institutional inches of sign for institutional and Gasoline 24 Hour structure must uses or to show Southlake YES NO NO prohibited surround sign Monument Minimum face in order to gas prices. Signs only direct Otherwise they are prohibited. illumination Monument 20 Seconds 3 Seconds 300 Foot-Candle Signs are allowed Bedford YES and Pole NO YES Minimum Minimum Maximum for business and Signs institutional uses Monument Illuminated signs Signs are allowed Colleyville YES and Freeway NO NO 5 Minute No interval cannot project for business and Pole Signs Minimum requirements across property institutional uses lines Proposed Amendments to Sign Regulations The following general conditions shall be applicable to all signs, except where a provision contained elsewhere in this Chapter specifies a different requirement. A. Compliance Required - No person, firm or corporation shall erect a new sign, or alter an existing sign, or sign structure, unless said sign conforms to the provisions of this Chapter. B. Sign Area - No sign shall exceed the maximum area provided for in this Chapter. The sign area permitted in this Chapter shall apply to the maximum size of a single sign face, except where a provision allows an alternate method for calculating sign area. When the two faces of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C. On-Premises Requirement -All signs shall be located on the same premises where the product or merchandise being advertised is located, except where a specific provision in this Chapter provides for off-premises advertising. D. Maximum Height - No sign shall exceed the maximum height provided for in this Chapter. In determining the maximum height of a sign, no sign shall be located on a mound where the surrounding grade has been altered by more than eighteen (18") inches for purposes of artificially increasing the overall height of a sign above that allowed by the height regulations in this Chapter. E. Wind Pressure and Dead Load Requirements -All permanent signs shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of area. F. Sign Contractor Registration - It shall be unlawful for any person, firm or corporation to engage in the business of erecting permanent signs in the city unless such person, firm or corporation is the holder of a valid registration with the City to perform such work. In extending the rights and privileges of such registration, the City of Colleyville makes no statement of the technical competency of those registered, and no manner of license is proffered. G. Engineering Requirements and Construction Standards -The construction of all signs shall comply with the structural requirements of the City of Colleyville Building Code. Where required by the enforcement official, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas. Any electrical installations shall comply with the City of Colleyville Electrical Code. No unfinished metal shall be allowed on the exterior surface of a sign or sign support. H. Sians in Right-of-Way Prohibited - No sign shall be erected in, extend into or over, a public right-of-way, except where a provision in this Chapter allows such location, or with the approval by the City Council of aRight-of--Way Encroachment Agreement. Interference with Safety Provisions - No sign shall be erected in such a manner that any portion of its surface or supports will interfere with the free ingress or egress of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. J. Illumination -Illumination of a sign shall only be allowed where a provision contained in this Chapter allows illumination for a specific sign classification or construction type. No sign located in a residential zoning district shall be illuminated, except where illumination is provided by a provision in this Chapter. Such sign illumination shall not produce glare or direct illumination across the property lines of the premises. Proposed Amendments to Sign Regulations K Electronic Message Signs Along State Highways~ Electronic signs placed along state highways shall be allowed to change messages at a minimum of every ten (10) seconds. T_he display of time and/or temperature may change at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road State Highway 26, or State Highway 121. i4L. Loss of Required Parking - No sign shall be constructed within the limits of a parking area that results in a reduction in the number of required parking spaces. i=M. Signs in Planned Unit Developments and property with a Special Use Permit -All signs shall comply with the regulations in this Chapter, unless an ordinance fora Planned Unit Development (PUD) or a Special Use Permit (SUP) contains a provision that authorizes a variation from the regulations in this Chapter. . -: The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Vehicle Signs - No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle. E. Roof Sign -Signs mounted on roofs or above a parapet are not permitted. F. Painting Marking Attaching Materials to Streets Sidewalks etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. G. Attaching Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled ~y any illuminated, animated, moving or flashing sign. Exception: Except where provided in Section 7-130 K of this chapter, only a sign, which has Proposed Amendments to Sign Regulations illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature only, shall not constitute a flashing sign. I. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. J. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible supports. K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. ,• ." f"``J ` ~- -? pi~~ City of Colleyville 100 Mltain Street ~{) Colleyville, Texas 76034 ~~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/05/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-2 Final Action: File Name: Presentation of the Monthly Financial Report -March 2009 Attachments: March 2009 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/05/2009 City Council Title Presentation of the Monthly Financial Report -March 2009 Explanation General Fund The percentage of current year taxes collected is slightly behind that of March 2008. Due to the change in the terms of the Atmos Gas Franchise agreement adopted by City Council in December 2008, the gas franchise payment will be received quarterly beginning with the quarter ending March 30, 2009 and is due May 15, 2009. Under the old franchise agreement, the payment was paid annually in March and was for the calendar year period. Sales tax revenue received in March was down $906 which is 0.57% under the amount received in March 2008. Five residential building permits were issued in March, as compared to six issued in March 2008. Permit revenues through March 2009 are $247,000 less than those received through March 2008, and $345,000 less than projected through March 2009. The average amount expended by the General Fund departments at the end of March 2009 is 41.6% of the total appropriation, verses 42.0% which was projected to be spent. Utility Fund Water usage increased as compared to the amount sold through March 2008. All building related revenues (water installation, sewer installation and engineering charges) are down. The average amount expended by the Utility Fund departments at the end of March 2009 is 44.4% of the total appropriation, verses 44.2% which was projected to be spent. City of Colleyville Page 1 Printed on 5/1/2009 MONTHLY FINANCIAL REPORT -MARCH 2009 GENERAL FUND FY 2009 REVENUE SOURCE BUDGET Current Taxes $9,616,931 Delinquent Taxes 55,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $9,726,931 TXU Electric Tri-County Electric Atmos Gas AT&T Verizon/Other Telecomm Providers Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permits TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $887,190 119,000 340,000 126,100 51, 250 135,050 192, 900 $1,851,490 $2,561,375 87,000 $2,648,375 $864,473 88,987 63,376 98,911 58,247 162,772 3,079 1,400 6, 050 7,359 15,000 0 $1,369,654 $780,000 45,000 33,600 $858,600 RECEIVED AS OF 3/31 /2009 $9,193, 023 64,102 24,467 $9,281,592 $871,214 124,579 0 62,161 23,295 63, 512 110, 846 $1,255,607 $842,954 35,362 $878,316 $215,470 25,786 16,276 21,401 27, 745 16,784 1, 043 666 3,855 1,750 7,163 1,817 $339,756 $391,465 30,300 10,949 $432,714 PROJECTED AS OF 3131 /2009 $9,236,588 37, 000 22,000 $9,295,588 $873,079 119, 000 340,000 63,050 25,625 61, 898 96, 450 $1, 579,102 $817,333 43, 500 $860,833 $432,237 44,494 31,688 49,456 29,124 81,386 1, 540 700 3,025 3,680 7,500 0 $684,827 $390,000 28,000 16, 800 $434,800 RECEIVED AS OF 3/31 /2008 $8,561,815 38, 301 23,028 $8,623,144 $844, 989 110,560 338,947 ', 63,450 31,934 64, 871 92,172 $1, 546, 923 $791, 041 41,632 $832,673 $362,483 40, 801 29,558 34,128 36, 272 68, 822 900 721 3, 920 2,405 6,750 0 $586,760 $421, 843 28,670 12,768 $463,281 PERCENT CHANGE 7.37% 67.36% 6.25% 7.64% 3.10% 12.68% -100.00% -2.03% -27.05% -2.09% 20.26% 1'.8.83% 6.56% -15.06% 5.48% -40.56% -36.80% -44.94% -37.29% -23.51 -75.61 15.89% -7.63% -1.66% -27.23% 6.12% 100.00% -42.10% -7.20% 5.69% -14.25% -6.60% MONTHLY FINANCIAL REPORT -MARCH 2009 REVENUE SOURCE.. FY 2009 BUDGET Re-zoning $13,201 Plat Fee/Site Plan 21,038 Board of Adjustment 2,040 Sale of Material 3,020 Weed Mowing 10,000 Animal Impoundment 3,250 Ambulance 250,000 Recreation Program 168,130 Non-Resident Fee Parks 20,050 Field Use Charge 17,700 Engineering & Inspection 100,000 Chgs & Reimbursements 2,000 Colleyville Center Rental 230,000 Lot Drainage Insp Fee 25,000 TOTAL CHARGES FOR SERVICE $865,429 DARE Officer Reimb TOTAL INTERGOVERNMENTAL Sale of Surplus Property Interest Income Miscellaneous Use of Available Cash Antenna Lease TOTAL MISCELLANEOUS Transfer from Utility Fd TOTAL TRANSFERS $89,792 $89,792 $17,000 255,000 55,000 833,523 64, 000 $1,224,523 $756,787 $756,787 RECEIVED AS OF 3/31 !2009 $2,212 10,469 625 674 2,523 1,167 114, 568 60,854 12,750 12,485 291 0 133,922 4,875 $357,415 $0 $0 $26,105 38,507 15,467 0 35,658 $115,737 $0 $0 PROJECTED AS OF 3/31 /2009 $6,601 10,519 1, 020 1,510 5,000 1,625 125, 000 55, 000 10, 025 8,850 50,000 1, 000 115, 000 12,500 $403,650 $0 ~ $0 $17,000 68, 000 15,000 0 34, 000 $134,000 $0 $0 RECEIVED AS OF 3/31 /2008 $6, 567 14,165 875 1,204 4,011 2,010 118,121 52,601 12,030 7,715 118,248 2,955 121,460 10, 850 $472,812 $0 $0 $0 185,428 9,614 0 39, 370 $234, 412 $0 $0 TOTAL GENERAL FUND REVENUES $19,391,581 $12,661,137 $13,392,799 $12,760,005 PERCENT CHANGE -66.32% -26.09% -28.57% -44.02% -37.10% -41.94% -3.01 15.69% 5.99% 61.83% -99.75% -100.00% 10.26% -55.07% 24 41% 0.00% 0.00%d 100.00% -79.23% 60.88% 0.00% -9.43% 50.63°l0 0.00% 0.00°/a -0.77% MONTHLY FINANCIAL REPORT -MARCH 2009 TOTAL PERCENT FY 2009 THROUGH THROUGH INCREASE INCREASE BUDGET 3/31/2009 3/31/2008 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 95.61 % 96.54% -0.93% -0.96% RESIDENTIAL BLDG PERMITS 160 36 78 (42) -53.85% COMMERCIAL BLDG PERMITS 10 2 7 (5) -71.43% PLUMBING/MECHANICAL PERMITS 1,200 544 717 (173) -24.13% ELECTRICAL PERMITS 400 191 243 (52) -21.40% CITATIONS ISSUED 11,000 5,227 7,113 (1,886) -26.51% CITATIONS APPEALED 550 289 288 1 0.35% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 50% OF THE BUDGET BUDGET 3/31/2009 EXPENDITURES YEAR COMPLETED REMAINING City Council and Secretary $588,992 $236,420 $242,650 40.1% $352,572 City Manager 589,919 346,022 274,324 58.7% 243,897 Finance 489,945 265,392 266,285 54.2% 224,553 Legal 106,823 89,475 44,510 83.8% 17,348 Engineering 553,500 224,909 226,581 40.6% 328,591 Economic Development 265,724 33,117 39,235 12.5% 232,607 Building Inspection 488,822 223,865 224,957 45.8% 264,957 Community Development 248,480 112,827 113,472 45.4% 135,653 Fire 3,851,923 1,928,501 1,917,191 50.1% 1,923,422 Police 4,285,946 1,990,916 2,007,850 46.5% 2,295,030 Parks 1,593,531 648,329 652,931 40.7% 945,202 Recreation 338,918 132,188 146,990 39.0% 206,730 Streets & Drainage 2,703,322 486,684 608,355 18.0% 2,216,638 Library 723,607 342,093 340,201 47.3% 381,514 Communications 222,531 115,301 118,287 51.8% 107,230 Colleyville Center 385,151 170,510 168,054 44.3% 214,641 Human Resources 231,111 107,931 108,205 46.7% 123,180 Municipal Court 255,870 119,649 119,715 46.8% 136,221 Fleet Maintenance 211,963 101,300 101,701 47.8% 110,663 Building Services 244,691 122,076 125,257 49.9% 122,615 Information Services 451,788 200,332 216,041 44.3% 251,456 Capital Equipment Reserve 135,000 65,587 65,587 48.6% 69,413 Transfer to Art Fund 7,500 0 0 0.0% 7,500 Performance Pay 396,351 0 0 0.0% 396,351 TOTAL EXPENSES $19,371,408 $8,063,424 $8,128,379 41.6% $11,307,984 MONTHLY FINANCIAL REPORT -MARCH 2009 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2009 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 3/31/2009 3/31/2009 3/31/2008 CHANGE Water Sales $7,341,404 $3,191,805 $3,101,853 $2,834,504 12.61% Sewer Sales 2,264,638 1,271,982 1,132,319 1,127,476 12.82% Sewer Installation 22,900 4,200 11,450 11,300 -62.83% Water Installation 48,000 9,604 24,000 20,420 -52.97% Sewer Tie-on Charges 5,000 4,500 2,500 3,000 50.00% Engineering Charges 35,000 125 17,500 45,989 -99.73% Penalties 168,106 88,335 84,053 92,382 -4.38% Miscellaneous 15,000 7,554 7,500 7,710 -2.02% TOTAL OPERATING INCOME $9,900,048 $4,578,105 $4,381,175 $4,142,781 10.51% Interest Income $350,000 $69,772 $110,000 $171,846 -59.40% Use of Available Cash 100,000 0 0 0 0.00% TOTAL NON-OPERATING INCOME $450,000 $69,772 $110,000 $171,846 -59.40°!0 TOTAL INCOME $10,350,048 $4,647,877 $4,491,175 $4,314,627 7.72% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 3/31/2009 3/31/2008 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 946,207,200 841,601,400 104,605,800 12.43% NUMBER OF WATER CUSTOMERS 8,937 8,815 122 1.38% UTILITY FUND EXPENSES FY 2009 BUDGET Administration $214,836 Billing 576,216 Operations 7,459,221 Debt Service 885,482 Merit Adjustment 48,536 Transfer to Art Fund 7,500 Transfer to General Fund 756,787 TOTAL EXPENSES $9,948;578 EXPENDED YEAR-TO-DATE % EXPENDED THROUGH PROJECTED 50% OF THE BUDGET 3/31/2009 EXPENSES YEAR COMPLETED REMAINING $99,493 $101,737 46.3% $115,343 220,667 242,984 38.3% 355,549 3,320,963 3,270,168 44.5% 4,138,258 774,871 774,871 87.5% 110,611 0 0 0.0% 48,536 0 0 0.0% 7,500 0 0 0.0% 756,787 $4,4:15,994 $4,389,760 44.4°l° $5,532,584 -~ `" "' City Hall City of Colleyville 100 Main Street ~~`4 R ^~~ Colleyville, Texas 76034 ~~~~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 05/05/2009 Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-3 Final Action: File Name: Presentation of the mid-year Fiscal Year 2009 budget update Attachments: FY 2009 General Fund Revenue -Budget vs. Projected.pdf FY 2009 General Fund Budget Reductions. pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/05/2009 City Council Title Presentation of the mid-year Fiscal Year 2009 budget update Explanation General Fund Revenue Overview The City has received $12,661,137 in General Fund revenue as of March 31, 2009. This represents a decrease of 0.77% compared to the second quarter of Fiscal Year 2008. The nature of this decrease is primarily due to the reduction in Licenses and Permits and Charges for Services. These categories remain impacted by the tight credit market. Thirty-six new residential permits were issued through the second quarter of Fiscal Year 2009 as compared to 78 issued through the second quarter of Fiscal Year 2008. Additionally, only two new commercial permits were issued through the second quarter as compared to seven issued during the same time period in the prior fiscal year. This is due to the lack of residential subdivisions being submitted for acceptance during the quarter as compared to two submitted during the same time period last fiscal year. The following paragraphs summarize in greater detail the General Fund revenues by category and contain information about year end revenue projections. Ad Valorem Tax: Through March 31, 2009, the City has collected over 95.61% of current ad valorem taxes due and collections are down 0.93% over the same time period last year. Currently, it appears the projection of collecting 99% of the tax roll, will be achieved at September 30, 2009. Also, delinquent tax collections are ahead of Fiscal Year 2008 collections and it appears that revenue projection will be exceeded, as collections are over 67% of the projection. Franchises Tax: The annual franchise payment from Tri-County Electric exceeded the budgeted amount by $5,550. The franchise receipts from cable and telephone service are currently tracking to reach budget projections, but refuse collections are down due to lower City of Colleyville Page 1 Printed on 5/1/2009 Agenda Briefing Continued commercial usage. In the second quarter, the City received the electric franchise payment from Oncor, which was within $2,000 of the projections. Due to the change in terms of the Atmos Gas Franchise agreement adopted by City Council in December 2008, the gas franchise payment will be received quarterly beginning with the quarter ending March 31, 2009. The prior franchise with Atmos Gas was on a calendar year basis and payments were received annually, and the franchise period was in advance (e.g. for Fiscal Year 2008 the annual payment received in March 2008 was for the period January 1, 2008 through December 31, 2008. Atmos Gas estimates the three quarterly payments for the period of January through September 2009 will total $240,000 versus the budgeted annual payment of $340,000. The projected revenue loss for this category is almost $80,000, which includes the 1 % franchise fee increase. Sales Tax: Sales tax receipts received totaled $842,954, a 6.56% increase as compared receipts through the second quarter of Fiscal Year 2008. Sales tax received in February 2009, which covered holiday period sales, was up 3.88% ($11,623). This payment is usually the largest monthly allocation received during the fiscal year. However, sales tax received in April 2009 was down almost 7% as compared to the prior year. Currently, mixed beverage tax is projected to be $15,000 less than budget, based upon quarterly allocations received in October and January. Fines: Fine revenue is down slightly through the second quarter, but it appears it will meet annual revenue projections. Alarm revenue is up and it also is trending to meet the annual projection. Licenses and Permits: Overall, the City received 50% less than projected in License and Permit revenues through the second quarter of Fiscal Year 2009. Building permit revenue is down 42% as compared to Fiscal Year 2008. In the second quarter of Fiscal Year 2009, there were 12 new residential permits issued as compared to 32 issued during the same quarter in Fiscal Year 2008. Until the lending crunch for new residential construction eases, it is unlikely there will be significant turnaround in this revenue category. Per the attachment "General Fund FY 2009 Revenue -Budget vs Projection", it is anticipated this revenue category will be more than $720,000 under the budgeted revenue. Charges for Service: Charges for Service revenue is approximately 24% lower than the second quarter of Fiscal Year 2008 due to building related revenues within the category (Planning and Zoning, Plat fee, Engineering and Inspection, and Lot drainage inspection) being lower due to the building downturn. The annual projected revenue loss for this category from these revenues is over $135,000. Additionally, ambulance revenue has started to decline due to lower collections. Other revenues within the category are projected to meet revenue projections. Miscellaneous /Transfers-In: Due to the decrease in investment interest rates to levels around 1.25% - 1.50%, interest income is projected to be $40,000 less than budgeted. This is offset by the transfer-in from the Utility Fund being higher than projected due to Fiscal Year 2008 utility sales, which is the basis for the transfer. Expenditures Given the $950,000 projected loss in revenue, the various budget reductions presented City of Colleyville Page 2 Printed on 5/1/2009 Agenda Briefing Continued during the Fiscal Year 2009 First Quarter budget update remains in effect. The budget reductions include hiring freezes on various vacant positions, training, overtime, purchasing books solely from the Voluntary Library Fund and delay of Murphy Road reconstruction due to the Reserve and Somerset Manor developments not occurring this fiscal year. City of Co/leyville Page 3 Printed on 5/1/2009 GENERAL FUND FY 2009 REVENUE - BUDGET VS PROJECTION FY 07 FY 08 FY 09 FY 09 ACTUAL ACTUAL BUDGET PROJECTED AD VALOREM TAXES 5101-CURRENT TAXES 8,040,020 8,875,763 9,616,931 9,616,931 5102-DELINQUENT TAXES 48,228 62,478 55,000 74,000 5103-PENALTY & INTEREST 62,232 74,074 55,000 55,000 TOTAL AD VALOREM TAXES $8,150,480 $9,012,315 $9,726,931 $9,745,931 FRANCHISE TAXES 5201-TXU ELECTRIC 933,754 869,179 887,190 885,325 5202-TRI-COUNTY ELECTRIC 102,109 110,559 119,000 124,580 5203-ATMOS GAS 279,061 338,969 340,000 240,000 5204-SOUTHWESTERN BELL 120,119 126,011 126,100 124,322 5205-VERIZONlOTHERS 50,883 51,171 51,250 47,500 5206-GARBAGE/RECYCLING 116, 010 125,361 135,050 127, 050 5207-CABLE TV 177,439 196,806 192,900 221,692 TOTAL FRANCHISE TAXES $1,779,375 $1,818,056 $1,851,490 $1,770,469 SALES TAX 5301-1% SALES TAX 2,420,387 2,478,981 2,561,375 2,561,375 5302-MIXED BEVERAGE TAX 89,132 82,532 87,000 72,000 TOTAL SALES TAX $2,509,519 $2,561,513 $2,648,375 $2,633,375 LICENSES & PERMITS 5411-BUILDING 764,938 679,452 864,473 390,940 5412-PLUMBING 83,668 77,249 88,987 52,000 5413-MECHANICAL 58,443 57,229 63,376 32,000 5414-ELECTRICAL 75,387 68,922 98,911 42,000 5416-CITY LICENSE 64,999 68,027 58,247 40,000 5417-BUILDING PLAN REVIEW FEE 161,224 133,171 162,772 50,000 5418-NEW BUSINESS 2,726 2,216 3,079 2,000 5419-ANIMAL 1,488 940 1,400 1,400 5420-SIGN PERMITS 7,945 8,035 6,050 6,000 5421-FENCE PERMITS 7,200 5,805 7,359 3,200 5423-FIRE PERMIT FEES 16,200 12,550 15,000 17,000 5424-IRRIGATION PERMITS 0 0 0 5,451 TOTAL LICENSES & PERMITS $1,244,218 $1,113,596 $1,369,654 $641,991 FINES 5611-FINES 826,443 1,050,522 780,000 780,000 5612-FINES-ALARMS 47,000 51,525 45,000 45,000 5630-LIBRARY FINES 29,063 28,494 33,600 24,000 TOTAL FINES $902,506 $1,130,541 $858,600 $849,000 GENERAL FUND FY 2009 REVENUE - BUDGET VS PROJECTION FY 07 ACTUAL GENERAL FUND CHARGES FOR SERVICES 5511-PLANNING AND ZONING 5512-PLAT FEE 5514-BOARD OF ADJUSTMENT 5711-SALE OF MATERIAL 5712-WEED MOWING 5718-ANIMAL IMPOUNDMENT FEE 5721-AMBULANCE 5722-RECREATION PROGRAM 5811-ENGINEERING & INSPECTION 5812-CHGS & REIMBURSEMENTS 5845-LOT DRAINAGE INSP FEE 5855-FIELD USE CHARGE 5873-COLLEYVILLE CENTER FEES 5874-NON-RESIDENT FEE 5875-LIBRARY BLGD RENTAL TOTAL CHARGES FOR SERVICE FY 08 FY 09 FY 09 ACTUAL BUDGET PROJECTED 18,673 8,667 13,201 3,000 25,668 20,918 21,038 15,750 3,375 1,375 2,040 1,500 3,547 2,204 3,020 1,000 8,091 6,948 10,000 3,000 5,263 4,454 3,250 3,250 267,106 253,018 250,000 235,000 129,876 230,487 168,130 168,130 142, 671 169, 313 100, 000 15, 000 9,611 5,775 2,000 200 20,125 19,350 25,000 7,000 17, 600 18, 720 17, 700 17, 700 223,040 259,153 230,000 240,000 24,445 24,170 20,050 20,050 0 0 0 0 $899,091 $1,024,552 $865,429 $730,580 INTERGOVERNMENTAL REVENUE 5828-DARE OFFICER REIMB 81,444 85,516 89,792 89,792 TOTAL INTERGOVERNMENTAL REVENUE $81,444 $85,516 $89,792 $89,792 MISCELLANEOUS REVENUE 5714-SALE OF SURPLUS PROPERTY 0 0 17,000 26,105 5716-INTEREST INCOME 547,029 352,069 255,000 215,000 5719-MISCELLANEOUS 74,954 94,145 55,000 55,000 5832-ANTENNA LEASE 74,303 74,305 64,000 30,000 5866-CELEBRATE CV CONT 650 0 0 0 5790-USE OF AVAILABLE CASH 0 0 833,523 833,523 TOTAL MISCELLANEOUS REVENUE $696,936 $520,519 $1,224,523 $1,159,628 TRANSFERS IN 5872-TRANSFER FROM UTILITY FD 664,085 661,936 756,787 816,297 TOTAL TRANSFERS IN $664,085 $661,936 $756,787 $816,297 TOTAL GENERAL FUND REVENUES $16,927,654 $17,928,544 $19,391,580 $18,437,063 PROJECTED REVENUE $18,437,063 BUDGETED REVENUE $19,391,580 PROJECTED REVENUE LOSS ($954,518) General Fund Budget Reductions Projected Loss of Building inspection revenue -$770,712 Projected Loss of Engineering 5% plan review -$85,000 Other Revenue Losses -$18,806 Change in Atmos Franchise -$80,000 Tota I -$954, 518 Expenditure Reductions Server transfer from 2005 budget cap project t-fer $40,000 Bldg insp software maint /travel $20,000 Freeze engineering position $67,000 Gasoline savings -all General Fund depts $35,000 Transfer to arts fund $7,500 Merit pool savings $110,000 Economic Development position -June 1st hire $94,000 Council Discretionary $90,000 Organizational Development $40,000 Future Forums $3,800 Library Books $50,000 Library Study $20,000 Finance Dues/Training/receipt books $950 CMO Training/Travel $3,050 CMO 6240 $720 Ancillary janitorial -City Hall Library $15,000 Vacant Police officer position $60,000 Communications -travel $800 Communications -Contract Web outsourcing $3,000 Communications -Simplify Annual report $4,000 Parks -mulching/fertilizing 6226 $10,000 Parks -Electricity $10,000 Rec -Rental of equipment $1,000 Rec- Computer services $1,000 City Secretary -legal ads 6231 $1,000 City Secretary - ARMA lunch $300 City Secretary -committee expense 6293 $400 Library -travel $3,873 Human Resources -tuition reimb $2,000 Fire -Travel I-chiefs $1,500 Building inspection -overtime $4,000 Building inspection -mowing $10,000 Building inspection -uniforms $1,170 Community Development -overtime $2,061 Community Development -training $1,900 Community Development -legal ads $500 Community Development -commission expense $500 Community Development -office supplies $1,000 Colleyville Center -Advertising $2,000 Colleyville Center -Printing $1,500 Freeze -contract Building Inspector $25,000 Freeze -Fire Inspections /contract $12,000 Freeze -Library Clerk $9,200 Street Resurfacing -Murphy Road Reconstruction $190,000 Total Expenditure Reductions $956,724 ,,,•_~, ~"~i~ ~~ ~ City of Colleyville 100 Main Street ~y Colleyville, Texas 76034 ,r.~...: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Version: 1 Agenda Date: 05/05/2009 Requester: Office of the City Agenda No.: PC-4 Secretary File Name: Discussion of the May 5, 2009 regular agenda items Attachments: History of Legislative File Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Discussion of the May 5, 2009 regular agenda items City of Colleyville Page 1 Printed on 4/28/2009 City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 vvww.col leyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Requester: Office of the City Secretary Agenda Date: 05/05/2009 Agenda No.: 1 File Name: Executive Session -Legal -May 5, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property - Mineral Rights Sec. 551.072 - Property -Deliberate the sale, exchange or value of real property -City owned remnant parcels (former water well sites) Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 4/28/2009 RESOLUTION R-09-3090 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 5, 2009 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor ~.`" !''~ City Hall `~ ~= ~, City of Colleyville 100 Main Street ~~~~ ~'`~ Colleyville, Texas 76034 ~'~~~` Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 05/05/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -May 5, 2009 Attachments: Proclamation -Colleyville Garden Club Promenade Garden Tour -May 3, 2009.pdf Proclamation -Keep America Beautiful's Great American Cleanup and Arbor Day in Colleyville - May 16, 2009.pdf Proclamation -Building Safety Week -May 3-9, 2009.pdf Proclamation - Public Service Recognition Week -May 4-10, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation - In recognition of the Colleyville Garden Club's 16th Promenade Garden Tour, May 3, 2009 -Carol Wollin, Garden Club President, Kathleen Sorrell and Suzanne Hughes, Promenade Co-Chairs Proclamation - In recognition of the Keep America Beautiful Great American Cleanup and Arbor Day in Colleyville on May 16, 2009, and the City of Colleyville's 11th year designation as a Tree City USA community -John and Charna Gray, Chairmen, Keep Colleyville Beautiful Proclamation and Presentation - In recognition of Building Safety Week, May 3-9, 2009 and Presentation of the 2008 Building Officials of Texas (BOAT) award -Bill Elliott, Building Official Proclamation - In recognition of Public Service Recognition Week, May 4-10, 2009 -City Employees Presentation -Colleyville Mayor's 2009 Community Service Award presented to Don C. Davis in recognition of extraordinary service to the community -Mayor David Kelly City of Colleyville Page 1 Printed on 5/1/2009 Agenda Briefing Continued Presentation - In recognition of the Colleyville Fire Department Fire Prevention Clown Program, Joyce Dunkerley, FM Global -Rob McKeown, Fire Marshal Presentation - In recognition of Colleyville Fire Department personnel for their deployment during the North Texas wildfires, April 9-11, 2009 -Mayor David Kelly City of Colleyville Page 2 Printed on 5/1/2009 roc~~cmc~crio~. CITY OF Colleyville, Texas WHEREAS: the Colleyville Garden Club is organized to promote interest in all phases of gardening, horticultural education, civic beautification and conservation of natural resources; and WHEREAS, the Colleyville Garden Club hosts the Promenade Garden Tour each year, showcasing four residential gardens via a spring garden tour, which educates the public about good landscape design, gardening, and horticulture and contains a special educational exhibit; and WHEREAS, the Colleyville Garden Club adheres to the objectives of the National Garden Clubs, Inc. by providing education, resources and networking opportunities for its members to promote the love of gardening, floral design, civic and environmental responsibility; and WHEREAS, The Colleyville Garden Club aids in the protection and conservation of natural resources, actively promotes and participates in civic beautification and encourages the improvement of roadsides and parks; and WHEREAS, gardening instills a greater appreciation of our land, a greater respect for our environment and our natural resources, and yields flowers and plants full of color and life. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, do hereby proclaim the COLLEYVILLE GARDEN CLUB PROMENADE GARDEN TOUR on May 3, 2009 is a celebration of the important benefits gardening brings to our lives, and encourage our citizens to tour and enjoy the beauty gardening brings into our lives. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, _~,Texas, affixed this 215 day of April 2009. Mayor ~~~ ~, C~ IL•xas ~oc~~.mc~ctio~. CITY OF Colleyville, Texas WHEREAS: Keep America Beautiful, Inc., a national not-for-profit organization dedicated to helping individuals improve their community environment, established the Great American Cleanup as the signature national effort for involving American citizens in environmental stewardship; and WHEREAS, the City of Colleyville is proud of its natural resources and neighborhoods and seeks to protect and improve our community through the action of citizens, schools, governments and businesses working together; and WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, trees reduce the erosion of precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife and Arbor Day is observed throughout the world and has become a day dedicated to the beauty, usefulness and preservation of trees; and WHEREAS, the City of Colleyville is celebrating the tenth year of being designated a Tree City USA community. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council do hereby proclaim May 16, 2009 as KEEP AMERICA BEAUTIFUL'S GREAT AMERICAN CLEANUP AND ARBOR DAY IN COLLEYVILLE and call upon our citizens to join in the activities that promote responsible environmental stewardship and help us renew our commitment to building a better world today and for future generations. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed s a ~ this 5"' day of May 2009. ~<,c~ Mayor ~.~ of 7~exas ~oc~~cmc~ct~o~c CTTY OF Colleyville, Texas WHEREAS: Building Safety Week, sponsored by the International Code Council Foundation reminds the public of the critical role of local code officials who help prevent deaths and injuries from fires and accidents; and, WHEREAS, building safety and fire prevention officials, architects, engineers, builders and others in the construction industry work year-round to ensure the safe construction of buildings; and, WHEREAS, the theme, "Building Safety: Where You Live, Work and Play," encourages all Americans to raise awareness of the importance of building safety; disaster-resistance, energy efficiency, green and sustainable buildings; pool, spa and hot tub safety; and new technologies in the construction industry; and WHEREAS, professional code officials have endeavored to aid in saving lives through implementation of safety codes. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby proclaim May 3 through May 9, 2009 BUILDING SAFETY WEEK and encourage our citizens to consider projects to improve building safety at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments and federal agencies in protecting lives and property. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of ~~; Colleyville, Texas, affixed this 5th day of May 2009. ~~ Mayor c+~ or Texas ~o~~~.m~~ctio~ CITY OF Colleyville, Texas WHEREAS: Americans are served everyday by public servants at federal, state, county and city levels; and WHEREAS, Colleyville public servants work with integrity and efficiency everyday to provide our citizens with a diverse range of services; and WHEREAS, many public servants including military personnel, police officers, fire fighters, health care professionals and others risk their lives each day in service to the people of the United States; and WHEREAS, public servants include our maintenance, utility, street, administrative, financial, customer service, courts, permits, inspections, and library professionals, as well as police officers, fire fighters, management and elected officials; and WHEREAS, our quality of life is enhanced by the dedication of public servants; and WHEREAS, without our public servants at every level, our continuity would be impossible in a democracy that regularly changes leaders and elected officials. NOW, THEREFORE, I DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, do hereby proclaim the week of May 4 - 10, 2009, as: PUBLIC SERVICE RECOGNITION WEEK in the City of Colleyville, and call upon all citizens to recognize the contributions and accomplishments of our employees, our public servants, who every day enhance our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, affixed this 5th day of May 2009. Ma r ~~~ o, Texas RESOLUTION R-09-3091 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MAY 5, 2009 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of April 14, 2009 b. Approval of the minutes of the regular City Council meeting of April 7, 2009 c. Approval of the minutes of the regular City Council meeting of March 24, 2009 d. Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of April 14, 2009 e. Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 f. Approval of a construction contract with Peachtree Construction, Inc., for the Street Rehabilitation in Tara Plantation Subdivision Project, in the amount of $400,509.00, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 g. Approval of reallocation of funding sources for the construction of McPherson Park Final Phase and the Colleyville Senior Center Open Space Trail h. Approval to renew a contract with ADPI-Intermedix for ambulance billing services, and authorizing the City Manager to execute the contract Resolution R-09-3091 Page 2 of 2 Approval of a contract with I-Stream for direct deposit of ambulance billing revenues, and authorizing the City Manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor `,~"! City Hall ~"~] ~~ City of Colleyville 100 Main Street ~~~~ Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/05/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4a Final Action: Secretary File Name: Approval of the minutes of the regular City Council meeting of April 14, 2009 Attachments: City Council Minutes -April 14, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Approval of the minutes of the regular City Council meeting of April 14, 2009 City of Colleyville Page 1 Printed on 4/28/2009 °"~°r City of Colleyville ~ City Council Minutes -Draft r,- ~aW City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 14, 2009 5:30 PM CITY COUNCIL CHAMBERS 2. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 14, 2009, at 5:30 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Police Chief Tommy Ingram, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section 551.74, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 5:31 p.m. and Mayor Kelly stated the City Council will return to the regular meeting at the conclusion of Executive Session. City of Colleyville Page 1 Printed on 4/28/2009 City Council City Council Minutes -Draft April 14, 2009 3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3089 This resolution was not needed. 4. ADJOURNMENT: There being no further business before the City Council, the meeting was adjourned at 5:51 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND 2009. City of Colleyville Page 2 Printed on 4/28/2009 ' "' , City Hall ~ ,, City of Colleyville 100 Main Street `~~ "'~ Colleyville, Texas 76034 ~~~ 'fin 817. 503.1000 Agenda Brie g vwvw.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/05/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4b Final Action: Secretary File Name: Approval of the minutes of the regular City Council meeting of April 7, 2009 Attachments: City Council Minutes -April 7, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Approval of the minutes of the regular City Council meeting of April 7, 2009 City of Colleyville Page 1 Printed on 5/1/2009 ~~"~°~ City of Colleyville ~~~, - ~ ~ ~ ~' City Council Minutes -Draft ~;,.., City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 7, 2009 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 7, 2009, at 5:36 p.m. ROLL CALL: Councilmembers Carol Wollin, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Manager Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmembers Stan Hall and Tony Licata were absent. PC-1 Discussion of final recommendations from Newman, Jackson, Bieberstein, Inc. (NJB) regarding the City Entryway and Wayfinding Study Community Development Manager Ron Ruthven introduced Mr. Karl Bieberstein of Newman, Jackson, Bieberstein, Inc., who presented the final recommendations regarding the City Entryway and Wayfinding Study. Mr. Bieberstein presented the proposed designs, locations and cost estimates for the entry markers and wayfinding signs and answered questions of the City Council. Discussion ensued regarding the sign content and location, lighting options, landscaping and funding sources for the signs. Mr. Bieberstein requested a survey of sites and geotechnical work for foundations designs. City Council requested examples of signage in other cities. City of Colleyville Page 1 Printed on 4/28/2009 City Council City Council Minutes -Draft April 7, 2009 It was determined the consultant will present a final recommendation to staff and a construction and funding schedule for the entry markers and wayfinding signs will be submitted to City Council for review. PC-2 Discussion of the April 7, 2009 regular agenda items Mayor Kelly spoke regarding the Celebrate Colleyville Steering Committee appointment. Councilmember Taylor spoke regarding consideration of Celebrate Colleyville Steering Committee applicant Kimberly Walton. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:06 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 7, 2009, at 6:07 p.m. ROLL CALL: Councilmembers Carol Wollin, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Manager Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmembers Stan Hall and Tony Licata were absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights City of Colleyville Page 2 Printed on 4/28/2009 City Council City Council Minutes -Draft April 7, 2009 Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:07 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor Lloyd McCutchen, Colleyville Assembly of God Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3085 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly reported the Candy Free Hoppin' Good Egg Hunt on Saturday, April 4, 2009, was a success and expressed appreciation to Parks and Recreation Department staff and City employees for coordination of the event. Mayor Kelly presented a Proclamation to Ms. Jen Gibbons of Alliance For Children, in recognition of April as Child Abuse Prevention Month. Ms. Gibbons expressed appreciation to City Council and law enforcement personnel for continued support and coordination of efforts to care for children. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3086 4a Approval of the minutes of the regular City Council meeting of April 7, 2009 4b Approval of a construction contract with TGR Constructors, Inc. for the L.D. Lockett 12" Waterline Replacement 2009 Project, in the amount of $90,744, and authorizing the City Manager to execute the contract and any associated change orders in an amount not to exceed $25,000 City of Colleyville Page 3 Printed on 4/28/2009 City Council City Council Minutes -Draft Apri17, 2009 Mayor Kelly stated Consent Agenda. item 4a will be removed and considered at a subsequent City Council meeting. Mayor Kelly read Resolution R-09-3086 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3086. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -Tony Licata, Stan Hall 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1715 Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC08-001 Mayor Kelly read the caption of Ordinance 0-09-1715. Mayor Kelly opened the public hearing. Mr. Curtis Young, 8003 Jefferson Circle, representing the applicant, was present to answer questions. There were no others present wishing to speak concerning this item. Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-09-1715. Councilmember Hart seconded the motion. City of Colleyville Page 4 Printed on 4/28/2009 City Council City Council Minutes -Draft April 7, 2009 The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -Tony Licata, Stan Hall 6. RESOLUTION(S) READING AND PUBLIC HEARING 6a R-09-3087 Consideration of appointment to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R 09-3087 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Taylor nominated Kimberly Walton. There were no other nominations. Councilmember Taylor moved to approve Resolution R-09-3087, appointing Ms. Kimberly Walton to the Celebrate Colleyville Steering Committee. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -Tony Licata, Stan Hall 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Senior Center Advisory Committee Minutes -January 15, 2009 Senior Center Advisory Committee Minutes -February 19, 2009 Planning and Zoning Commission Minutes -February 23, 2009 Cify of Colleyville Page 5 Printed on 4/28/2009 City Council City Council Minutes -Draft April 7, 2009 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 7, 2009 - Reading and Public Hearing -Resolution R-09-3088 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Mayor Pro Tem Ayers moved to adjourn. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -Tony Licata, Stan Hall Mayor Kelly adjourned the meeting at 7:39 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND 2009. City of Colleyville Page 6 Printed on 4/28/2009 ., ~~ ~ City of Colleyville 100 Rain Street `~~ Colleyville, Texas 76034 ,.,-~= Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/05/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4c Final Action: Secretary File Name: Approval of the minutes of the regular City Council meeting of March 24, 2009 Attachments: City Council Minutes -March 24, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Approval of the minutes of the regular City Council meeting of March 24, 2009 City of Colleyville Page 1 Printed on 4/28/2009 `"~°~ City of Colleyville ~= ~`~ ~ City Council Minutes -Draft <<•,., City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 24, 2009 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on March 24, 2009, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Senior Project Engineer Jeremy Hutt, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Administrative Assistant Marilyn Gilbert, Human Resources Manager Elise Welborn, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 5:40 p.m. PC-1 Discussion of the design analysis for the Glade Road and Pool Road Intersection by Baird, Hampton and Brown, Inc. Public Works Director Steve Chutchian stated the Capital Improvement Plan includes the design of intersection improvements at Glade Road and Pool Road and introduced Mr. Konstantine Bakintas, Civil Engineer and Mr. Gene Capps, Civil Engineer, Baird, Hampton & Brown, Inc., who presented a study to determine the optimum type of roadway improvements at the intersection. Mr. Capps presented the existing intersection conditions, existing and projected traffic counts, the proposed intersection configuration and answered questions of the City Council. Mr. Bakintas outlined the possible enhancements for pedestrian safety and answered questions of the City Council. City of Colleyville Page 1 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 Discussion ensued regarding adequate signage and crosswalk warning signals, possible artwork for the roundabout and potential future intersection improvements. Public Works Director Steve Chutchian stated a public informational meeting will be held in late April and Mr. Bakintas will present the Glade Road and Pool Road Intersection improvements. PC-2 Consideration of alternative financing of the Pleasant Run Road and John McCain Road intersection improvements Public Works Director Steve Chutchian outlined the possible funding sources for the Pleasant Run Road and John McCain Road intersection improvements. Mr. Chutchian further stated that federal funding, as part of the 2009 American Recovery and Reinvestment Act, is available and staff determined the federal funds would permit the City to design and construct an enhanced intersection improvement project and reduce the commitment of street impact fee funds to perform the project. City Council accepted the federal funding opportunity for the Pleasant Run Road and John McCain Road intersection. PC-3 Discussion of setting a date for a joint worksession with the City Council and the Planning and Zoning Commission to review and discuss the final recommendations of the Tree Preservation Study The City Council determined that the Joint City Council and Planning and Zoning Commission worksession, for the purpose of reviewing and discussing the final recommendations of the Tree Preservation Study, will be held on Thursday, May 21, 2009, at 6:00 p.m. PC-4 Update on the Colleyville Center Feasibility Study -Phase I Broad Market Study and Preliminary Financial Assessment Colleyville Center Manager Lin Przybyl introduced Colleyville Center Advisory Committee Chairman Mr. Mark Johnston and member Dr. Louis Miller. Finance Director Terry Leake presented the financial analysis of the Colleyville Center options including the cost recovery or operating loss for the expansion and renovation options, the percentage that operating revenue covers operating expense and new debt issuance and answered questions of the City Council. City of Colleyville Page 2 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 Colleyville Center Manager Lin Przybyl spoke regarding a projected timeline and cost estimates for the phased in renovation project and answered questions of the City Council. PC-5 PC-6 Discussion ensued regarding the timeline for renovation options, installation of the audio and visual upgrades and potential uses of the Colleyville Center. City Council requested a long term revenue forecast and presentation of all City needs and projects for consideration. Finance Director Leake reviewed the Colleyville Center options funding plan. City Manager Jennifer Fadden stated the oil, gas and mineral lease funds have been designated the Colleyville Tomorrow Fund and staff proposes to provide guidelines regarding the use of the funds and a long range financial forecast during the May 2009 budget worksession for City Council consideration. City Council determined that a long range planning worksession will provide for determining the priority of projects. Mayor Kelly expressed appreciation to Colleyville Center Advisory Committee Chairman Mark Johnston and Dr. Louis Miller for their work on the project. Presentation of the Monthly Financial Report -February 2009 Finance Director Terry Leake presented the February 2009 Monthly Financial Report and answered questions of the City Council. Discussion of the March 24, 2009 regular agenda items Mayor Kelly provided information regarding the board, commission and committee appointments. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:12 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on March 24, 2009, at 7:13 p.m. Cify of Colleyville Page 3 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Deputy Emergency Management Coordinator Andrea Renegar, Public Works Director Steve Chutchian, Senior Project Engineer Jeremy Hutt, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Administrative Assistant Marilyn Gilbert, Human Resources Manager Elise Welborn, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec.- 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:13 p.m. and reconvened at 7:39 p.m. INVOCATION: Pastor Chris Hayes, First United Methodist Church PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas City of Colleyville Page 4 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3076 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited the public to attend the Colleyville Public Library author series on Thursday, March 26, 2009 at 7:00 p.m. as author Kathleen Rodgers recounts The Final Salute, a novel, in which a fighter pilot is the main character. Mayor Kelly invited citizen to the Hoppin' Good Egg Hunt Saturday, April 4, 2009, 2:00 to 4:00 p.m. at City Park. Mayor Kelly announced April 4, 2009, is Opening Day for Colleyville Baseball season. Mayor Kelly presented a plaque to Mrs. Dee Barker for service on the Tarrant County Historic Preservation Commission and a Proclamation to Mrs. Barker for service as a City historian. Mrs. Barker expressed appreciation to the City Council and community for the recognition. Councilmember Taylor expressed appreciation to City volunteers for service to the community. Mayor Kelly recognized and presented City mementos to student Trey Touchstone, winner of the Colleyville Fire Exit Plan contest. Deputy Emergency Management Coordinator Andrea Renegar provided information regarding future exit plan contests scheduled for October and invited students to participate. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3077 4a Approval of the minutes of the regular City Council meeting of March 3, 2009 4b Approval of a bid award for a concrete loop trail at the Senior Center to JDC Construction Company in an amount not to exceed $113,000, and authorize the City Manager to execute same and any associated change orders, in an amount not to exceed $25,000 City of Colleyville Page 5 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 4c Approval of a construction contract for McPherson Park with Dean Electric, Inc., in an amount not to exceed $1,800,000, and authorize the City Manager to execute the same and any associated change orders, in an amount not to exceed $25,000 Mayor Kelly read Resolution R-09-3077 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-09-3077. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1714 Approval of a Special Use Permit (SUP) for a carport on Lot AR, Block 7 of the Windview Estates Addition located at 2325 Oak Knoll, Case ZC09-001 Mayor Kelly read the caption of Ordinance 0-09-1714. Community Development Manager Ron Ruthven stated since the opposition within 200 feet of the property exceeds 20%, the request requires a supermajority vote by City Council for approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item. Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-09-1714. Councilmember Hart seconded the motion. City of Colleyville Page 6 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1715 Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC08-001 Mayor Kelly read the caption of Ordinance 0-09-1715. Community Development Manager Ron Ruthven provided an overview of the request for an amendment to the PUDR -Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition and stated all units will require a fire sprinkler system. Mr. Ruthven further stated the Planning and Zoning Commission recommended approval with the amendment that all streets within the development be striped with fire lane markings and staff recommended the fire lane marking requirement not be included in the proposed ordinance as fire lane markings currently exist on all public streets within the development where there is adjacent designated on-street parking. Mayor Kelly opened the public hearing. Mr. Curtis Young, 8003 Jefferson provided information regarding the development trends and density. Circle, representing the applicant, history of the development, current There were no others present wishing to speak concerning this item. Mayor Kelly closed the public hearing. Discussion ensued regarding housing trends, fire lanes and traffic flow. City Council requested the requirement for the fire lane be removed from the proposed ordinance. 7. RESOLUTION(S) 7a R-09-3078 Consideration of appointments to the SH26 Advisory Committee Mayor Kelly read Resolution R-09-3078 in its entirety. City of Colleyville Page 7 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the SH26 Advisory Committee. Councilmember Hall nominated Dr. John Vinings and Mr. E. Colby Walton. There were no other nominations. 7b R-09-3079 Councilmember Hall moved to approve Resolution R-09-3078 appointing Dr. John Vinings and Mr. E. Colby Walton to the SH26 Advisory Committee. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointment to the Senior Center Advisory Committee Mayor Kelly read Resolution R-09-3079 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Senior Center Advisory Committee. Councilmember Wollin nominated Ms. Susan Thomason. There were no other nominations. Councilmember Wollin moved to approve Resolution R-09-3079 appointing Ms. Susan Thomason to the Senior Center Advisory Committee. Councilmember Hall seconded the motion. City of Colleyville Page 8 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 The motion carried by the following vote: 7c R-09-3080 Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointments to the Colleyville Trails and Sidewalk Committee ld R-09-3081 Mayor Kelly read Resolution R-09-3080 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Trails and Sidewalks Committee. There were no other nominations. Councilmember Licata nominated Mr. Frank Zarsk and Mr. Rick Geisler. There were no other nominations. Councilmember Licata moved to approve Resolution R-09-3080 appointing Mr. Frank Zarsk and Mr. Rick Geisler to the Colleyville Trails and Sidewalks Committee. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointments to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-09-3081 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Celebrate Colleyville Steering Committee. City of Colleyville Page 9 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 Councilmember Wollin nominated Ms. Judy Myre, Mr. Michael Copp and Ms. Becky Cast to the Celebrate Colleyville Steering Committee. There were no other nominations. Councilmember Wollin moved to approve Resolution R-09-3081 appointing Ms. Judy Myre, Mr. Michael Copp and Ms. Becky Cast to the Celebrate Colleyville Steering Committee with a term ending 2010. Councilmember Hart seconded the motion. 7e R-09-3082 City Council requested staff advertise the remaining vacancy, which has an unexpired term of December 2009. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointment to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-09-3082 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Traffic Safety Advisory Committee. Councilmember Hall nominated Mr. Carel Tornes to the Traffic Safety Advisory Committee. There were no other nominations. Councilmember Hall moved to approve Resolution R-09-3082 appointing Mr. Carel Tornes to the Traffic Safety Committee. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 10 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 7f 8. 9. There was no one present wishing to speak concerning this item. Historical Preservation Committee Minutes -January 8, 2009 Sign Board of Appeals Minutes -January 13, 2009 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 24, 2009 - Reading and Public Hearing -Resolution R-09-3084 This resolution was not needed. R-09-3083 Consideration of appointment to the Metroport Teen Court Advisory Board Mayor Kelly read Resolution R-09-3083 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Metroport Teen Court Advisory Board. Councilmember Wollin nominated Ms. Yvonne Gilliam. There were no other nominations. Councilmember Wollin moved to approve Resolution R-09-3083 appointing Ms. Yvonne Gilliam to the Metroport Teen Court Advisory Board. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA REPORTS: City of Colleyville Page 11 Printed on 4/20/2009 City Council City Council Minutes -Draft March 24, 2009 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:16 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AN D 2009. City of Colleyville Page 12 Printed on 4/20/2009 .~~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r..,~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/05/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4d Final Action: Secretary File Name: Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of April 14, 2009 Attachments: Joint City Council and Planning and Zoning Commission Meeting Minutes -April 14, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of April 14, 2009 City of Colleyville Page 1 Printed on 4/27/2009 =~~ _ City of Colleyville 100 Main Street 'a~ ~ '~~ Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 ,::~~ vrww.colleyville.com Joint City Council and Planning and Zoning Commission Tuesday, April 14, 2009 6:00 PM Colleyville Public Library 110 Main Street, Second Floor The Joint Worksession of the Colleyville City Council and Planning and Zoning Commission was called to order by Mayor David Kelly on April 14, 2009, at 6:11 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor, Mayor Pro Tem Jon Ayers and Mayor David Kelly; Planning and Zoning Commissioners David Phelps, Larry Knox, Ron Rotthaus, David Dudziak and Chairman Jeff Byerly were present. City Manager Jennifer Fadden, Community Development Manager Ron Ruthven, Senior Project Engineer Jeremy Hutt, Planner Justin Bass, Communications Manager Mona Gandy and City Secretary Cynthia Singleton were also present. Other Attendees: Mr. G. Philip Morley and Mr. John Guest, Beeler Guest Owens Architects and Mr. Taylor Stone, Prescott Realty Group 2. Opening Comments Mayor Kelly welcomed everyone and stated information will be presented regarding the SH26 Redevelopment Study by representatives from Beeler Guest Owens and Prescott Realty Group. Community Development Manager Ron Ruthven introduced Mr. Philip Morley and Mr. John Guest of Beeler Guest Owens Architects and Mr. Taylor Stone of Prescott Realty Group. 3. Presentation and Discussion 3a Discussion and visioning of possible design guidelines regarding the State Highway 26 (SH26) Redevelopment Study based upon Beeler Guest Owens Architects (BGO) final recommendations Mr. Philip Morley of BGO Architects introduced Mr. John Guest, BGO Architects and Mr. Taylor Stone of Prescott Realty Group. Mr. Morley and Mr. Guest provided information regarding the advantages of a mixed-use overlay district and disadvantages of a pure retail City of Colleyville Page 1 Printed on 5/1/2009 Joint City Council and Planning and City Council Minutes -Draft April 14, 2009 Zoning Commission development, history of mixed-use development, demographic trends, creation of an urban pedestrian friendly community, Form-Based Codes, traditional zoning, architectural and streetscape standards and answered questions of the City Council and Planning and Zoning Commission. Mr. Taylor Stone of Prescott Realty Group reviewed residential and retail development standards and features and answered questions. The City Council requested staff present a proposed mixed-use overlay district plan at a future worksession. 4. ADJOURNMENT: Mayor Kelly expressed appreciation to Mr. Morley, Mr. Guest and Mr. Stone and to the City Council and Planning and Zoning Commissioners for sharing their ideas and vision for the City. There being no further discussion, Mayor Kelly adjourned the meeting at 8:21 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND 2009. City of Colleyville Page 2 Printed on 5/1/2009 ~ City Hall ,~~~~~~y~ City of Colleyville 100 Main Street ~. Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 05/05/2009 Agenda No.: 4e Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 Attachments: Location and Zoning Map Revised Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 04/13/2009 Planning and Zoning Commission 1 05/05/2009 City Council Title Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 Explanation Reading and Public Hearing Keith Hamilton is the developer of 2.6 acres located at the end of Black Drive. The developer has submitted a final plat, which will subdivide the property into five residential lots, for the construction of single-family residential detached dwelling units. Zoning. A rezoning request from a R40-Single Family Residential to a R20-Single Family Residential zoning district was approved by the City Council on January 22, 2008. Access. The development will have access from Black Drive along a new street section of Black Drive to be constructed. The new section serving this development will contain a minimum of 50 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. Right-of-way exchange. Given the proposed lot configuration of this development, the applicant proposes to obtain a portion of the existing Black Drive and incorporate it into the proposed Lot 1. City Council approved the exchange of the right-of-way request at the March 3, 2009 meeting. Sidewalks and Trails. The Land Development Code requires sidewalks on all public City of Colleyville Page 1 Printed on 4/30/2009 Agenda Briefing Continued _ streets. A minimum four-foot wide sidewalk will be located along the western side of the new street serving the development and installed when any new structures are built on the property. Drainage. The developer will submit a drainage analysis of the site, prior to final plat approval. This analysis must be reviewed and accepted by the City of Colleyville Engineering Department at that time. Parkland Dedication Fees. Parkland Dedication Fees are required, in the amount of $1,802.00 per residential lot, for the five lots where new homes are proposed. Parkland Dedication Fees are due at the time of final plat approval. The fee must be paid before the plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required. The developer will be constructing a new street as part of this subdivision. Landscaping and Tree Preservation. Trees not located within the right-of-way, easements or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A preliminary tree survey has been submitted with the preliminary plat; however, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the final plat at the April 13, 2009 meeting by a vote of 6-0. Summary. The proposed development satisfies the requirements of the Land Development Code. Financial Impact It has been determined that there is no financial impact. 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T.._____d.. __..._ ...n....__.~. .,e -~-"__,___ ±__._' _-_ _~ _..,.-- _~... r y _~.=use>.. e f II ,f 44Q.iR` eI '. app '-aS'1}F`4Y .. __~~.. ,. w.~ f......______._ ~_ 1 ~ f e~ r ~~ _~ C- 8 g A~ r_ °K ~ ~~ ~ F' ~ H ;t ,. f ii..._...._-._. _. _.,. _~„ { ~~~ ~~~ ~ aF ~, g! ,aura c~at+ rrnr a ~ "'r -, a. . ~ i ~ ~ ~ W ~ k~~ "IN ' Y ~`~~ x '~ ~ ~ ~ F F ~ ~k ~~ tt( b~ ss~ . ~ 'yip ~~e~( r~q t '_ ;. p 1 E" =r g r a~3 ~ ~..._~~..~ ,~ ,..` ~ :~ ~. ._ i F, ~ ~ ~ .. ~~.. ° f- ~ , ~ ~ ,.# I ,r~~ ~~ ~ ~ ~~~ ~ ~ r j~ ; f ! t ~ ~ ~ a ~~ ~ F ~~ 4~ ~~~ ~ ~ >~~~ i ~~~~ a~. ~ ~ ~ ~ ~ ~ A~ A ff t ~ ~ qq 8~ ?'~~7~:; "f@,I y a ~ S 77~ d~~ r- 1 E i ~ i ~ ! ~ t ~'" "' City Hall ~~~`-~ r ~~ City of Colleyville 100 Main Street L.~~t~ ~ Colleyville, Texas 76034 ~~~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 05/05/2009 Agenda No.: 4f Controlling Body: City Council Final Action: File Name: Approval of a construction contract with Peachtree Construction, Inc., for the Street Rehabilitation in Tara Plantation Subdivision Project, in the amount of $400,509.00, and authorize the City Manager to execute the contract Attachments: 2009 Street Rehabilitation in Tara Plantation Subdivision History of Legislative File Version: Date: Acting Body: Action Text: 05/05/2009 City Council Title Approval of a construction contract with Peachtree Construction, Inc., for the Street Rehabilitation in Tara Plantation Subdivision Project, in the amount of $400,509.00, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 Explanation Reading and Public Hearing A ten year Capital Improvement Plan for street improvements was approved by City Council in September 2008. Rehabilitation of certain streets in the Tara Plantation subdivision were included in the list of improvements for Fiscal Year 2009 (FY 2009). The streets scheduled for pavement rehabilitation include Crest Drive, Fair Hill Court, Trail Bend Court, Plantation Court, Copper Wood Court and Elm Wood Court. The proposed improvements consist of subgrade stabilization, curb and gutter replacement and pavement resurfacing. A micro resurfacing project is also scheduled to be performed in the Tara Plantation subdivision in Spring 2009 by a separate contract. Combined, these two projects will provide roadway improvements to all streets within the subdivision in this fiscal year. The original budget for the street rehabilitation in Tara Plantation was $530,000. Residual funds budgeted for this project will be rolled into an account for use on future projects adopted in the Capital Improvement Plan. Nine (9) bids were received by the Public Works Department on April 6, 2009, for the Street Rehabilitation in Tara Plantation Subdivision Project. Peachtree Construction, Inc. provided the lowest bid of $400,509.00, which includes a twenty percent (20%) contingency. Peachtree Construction, Inc. has satisfactorily completed projects in the City of Colleyville in the past. City of Colleyville Page 1 Printed on 5/1/2009 Agenda Briefing Continued Financial Impact It has been determined that funds are available in the FY 2009 Street Department budget. Recommendation Approval City of Colleyville Page 2 Printed on 4/29/2009 City of Colleyville 2009 Street Rehabilitation in Tara Plantation Subdivision Prepared April 06, 2009 Bars Bid Hunt Premier Pavin ,LTD Yes $360,107.10 JLB Contractin ,LP Yes $380,015.46 Brock Pavin Industries Yes $348,396.30 Re Holds As halt & Construction Com an Yes $406,353.00 JRJ Pavin , LP Yes $371,817.90 Advanced Pavin Co. Yes $358,643.25 PeachTree Construction Yes $333,757.80 S les Contractin Yes $389,676.87 Access Pavin ,Inc Yes $409,878.00 4i ~~, ~ City of Colleyville ~ , City Hall 100 Main Street {~. f~ ~ Colleyville, Texas 76034 ~~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/05/2009 Requester: Parks and Recreation Agenda No.: 4g Department Controlling Body: City Council Final Action: File Name: Approval of reallocation of funding sources for the construction of McPherson Park Final Phase and the Colleyville Senior Center Open Space Trail Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 05/05/2009 City Council Title Approval of reallocation of funding sources for the construction of McPherson Park Final Phase and the Colleyville Senior Center Open Space Trail Explanation Reading and Public Hearing Between 1980 and 2002, the City of Colleyville requested and was approved to receive four 50% matching grants by Texas Parks and Wildlife Department for the development of Sparger Park, Kimzey Park, Colleyville Nature Center and City Park. As required by the grant guidelines set out by the Federal Land and Water Conservation fund manual, section 6(f): all income derived from the mineral extraction and the purchase of subsurface rights from these parks is to be used for parks and recreation projects, such as acquisition, development, planning, or for any use consistent with an outdoor recreation program including operation and maintenance costs and any related service or support facilities. These same guidelines are also adopted for the administration of grants made with state resources from the Texas Recreation and Parks Account Programs, of which these four Colleyville parks received funding. Therefore, staff recommends reallocation of the budgeted $657,437 and $500,000 for the McPherson Park Final Phase and Senior Center Open Space trail projects be returned to the Colleyville Economic Development Fund and Utility Fund and the projects be funded out of the Parks Tomorrow Fund. Financial Impact It has been determined $657,437 would be reallocated to the Colleyville Economic Development Fund and $500,000 to the Utility Fund. City of Colleyville Page 1 Printed on 4/29/2009 Agenda Briefing Continued Recommendation Approval City of Colleyville Page 2 Printed on 4/29/2009 i~ ..r f~ City of Colleyville 100 Main Street `~ Colleyville, Texas 76034 ~~~~~~= Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Draft Version: 1 Requester: Fire Department Agenda Date: 05/05/2009 Agenda No.: 4h Controlling Body: City Council Final Action: File Name: Approval to renew a contract with ADPI-Intermedix for ambulance billing services, and authorizing the City Manager to execute the contract Attachments: Agreement Between the City of Colleyville, Texas and Intermedix Technologies, Inc. History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Approval to renew a contract with ADPI-Intermedix for ambulance billing services, and authorizing the City Manager to execute the contract Explanation Reading and Public Hearing In October 2005, the Colleyville Fire Department contracted with Intermedix Technologies for billing of ambulance services. Since 2005, revenues from ambulance billing have increased more than 100% and are consistently in the $250,000.00/year range. Under the current contract, the City pays a monthly fee of 13.3% of revenue collected for the billing service and use of a hand held patient report computer. Under the new contract, the monthly fee will reduce to 11 % and will continue to include use of a new improved patient care report computer, which facilitates rapid transmission of patient reports and increases crew reporting efficiency. This contract locks in the fee rate for a period of four years with a one year option for extension. Financial Impact It has been determined that there will be an annual increase of 2.3% in the ambulance billing revenue due to the reduction in the service fee. Recommendation Approval City of Colleyville Page 1 Printed on 4/29/2009 AGREEMENT BETWEEN CITY OF COLLEYVILLE, TEXAS AND INTERMEDIX TECHNOLOGIES, INC. (dba ADPI-INTERMEDIX) FOR RESCUE AMBULANCE BILLING 8r RELATED PROFESSIONAL SERVICES. THIS AGREEMENT, hereinafter "AGREEMENT", made and entered into this _ day of 2009 by and between the CITY OF COLLEYVILLE, a Texas municipality, with principal offices located at i 00 Main Street, Colleyville, TX 76034, hereinafter referred to as the "CITY", and Intermedix Technologies, Inc. (dba ADPI-Intermedix}, a Delaware Corporation with principal offices located at 6451 North Federal Highway, Suite 1002, Fort Lauderdale, Florida 33308, hereinafter referred to as the "CONTRACTOR". WITNESSETH: and WHEREAS, the CITY is requesting the CONTRACTOR to provide the required services; WHEREAS, the parties hereto now wish to enter into an agreement, pursuant to which the CONTRACTOR will render those professional services in connection with said project as hereinafter provided; NOW THEREFORE, the parties hereto agree as follows: 1. DEFINITION OF PROJECT. During the term of this contract, CONTRACTOR shall be exclusively responsible for the billing and collection of all charges and fees relating to the services provided by CONTRACTOR pursuant to Section 2, including but not limited to private insurance, Medicare, Medicaid, and other governmental programs. 2. SCOPE OF SERVICES. The CONTRACTOR shall perform and carry out the work as defined in "EXHIBIT A -Scope of Work", which is attached hereto. All payments shall be paid directly to CITY or via Locked-Box facility as directed by the CITY. 3. TIME OF PERFORMANCE. This AGREEMENT shall be effective #or a four-year period from June 1, 2009 through May 3l, 2013, under the terms and conditions contained herein unless otherwise terminated. This AGREEMENT shall renew automatically for a period of one additional year at the end of the initial term and any subsequent renewal term unless the AGREEMENT is terminated in accordance with section "12. TERMINATION". All terms and conditions hereof shall remain in full force and effect during any renewal term. 4. COMPENSATION AND METHOD OF PAYMENT. 4.Oi The CITY reserves the right to request changes in the services within the general scope of the AGREEMENT to be performed upon mutual agreement by the CITY and CONTRACTOR that shall specify the change ordered and the adjustment of time and compensation required therefore. 4.02 Any services added to the scope of this AGREEMENT by a change order shall be executed in compliance with all other applicable conditions of this AGREEMENT. No claim for Service Agreement Page 1 of 9 Pages additional compensation or extension of time shall be recognized unless contained in the duly executed change order. 4.03 The CONTRACTOR shall be paid by the CITY a monthly amount representing fees for the services provided computed as: 4.03(a} Nine and seventy one-hundredths percent (9.70%) of all monies collected by CONTRACTOR, plus 4.03(b} One and thirty one-hundredths percent (1.30%) of ail monies collected by CONTRACTOR for use of CONTRACTOR provided field data capturing and reporting system while in possession of up to one (1) "Toughbook" type units, Field Automation Software, Administrative Reporting System, including training and support (referred heretofore as "TripTix® Mobile"). 4.03(c) an amount of one dollar $1.00 per NPP Notice for providing billed patient required HIPAA-compliant Privacy Notice per Scope of Work (OPTIONAL work to be added to Exhibit A if desired by the CITY). Contractor reserves the right to increase these fees if postage is increased by the United States Postal Service, but only to cover additional postage costs. 4.04 CONTRACTOR shall submit the monthly invoices representing fees for the services provided to the City of Colleyville, 100 Main Street, Colleyville, TX 76034. The CITY shall issue a check for the amount invoiced less any disputed amounts, within thirty (30) days of receipt and acceptance of an accurate invoice. C1TY's obligations hereunder are absolute and unconditional and not subject tv set-off, delay, counterclaim, termination ar performance. CONTRACTOR will resolve any disputed amounts within GO days from the date CITY gives notification of a dispute. 4.05 The CITY shat! bear the cost of any and all Lock-box services. CITY, should they elect to participate in any credit card acceptance program, agrees to assume and be responsible for all costs associated with such program. All other costs incurred by CONTRACTOR in the performance of services as specified herein (including, but not limited to postage, materials, communications and phone costs and other operating costs) shall be assumed by the CONTRACTOR. 5. DATA MANAGEMENT; DATA ENTRY; ADDITIONAL RECORDS ON TRIPTIX® WEB SYSTEM 5.01 TrlpTlx® Web System. CONTRACTOR will grant to CITY electronic access to all records on file regarding CITY including, but not limited to, medical records, billing records, correspondence regarding accounts, and records an personnel including credentials. It shall be the responsibility of CITY to provide its own necessary computer equipment, computer communication equipment capable of connecting to the Internet and accessing CONTRACTOR's Internet server (hereinafter referred to as `TripTix~ Web System°) except for equipment provided by CONTRACTOR under Section 4.03(b}. 5.02 TripTix® Web System Tralning. Upon request of CITY, CONTRACTOR will provide an annual, on-site training class on the use of the TripTix® Web System at a time determined to be mutually convenient to the parties. Service Agreerneret Page 2 of 9 Pages 5.03 Lfmltatlon of Access fo TripT/x® Web System. Access to data in the TripTix® Web System regarding CITY shall be limitad to the employees, representatives and agents of CONTRACTOR and the authorized personnel of CITY. A complete and signed access form for each of CITY's personnel authorized to access the TripTix®Web System must be submitted to and approved by CONTRACTOR. CONTRACTOR shall use its best efforts to maintain the security of the TripTix~ Web System, but shall not be responsible for negligence with respect to password security related to CITY's personnel or other breaches beyond CONTRACTOR's reasonable control. 5.04 Data Entry Devices. CITY and CONTRACTOR understand and agree that CONTRACTOR may make available data entry devices (hand-held devices, tablet pc's and/or other data entry devices for the collection and/or transmission of medical information}. CITY understands and acknowledges that any of the aforementioned data entry devices provided by CONTRACTOR wilt be subject to the additional fee described in Section 4.03(b) of this AGREEMENT. Also, in connection with the potential provision of such devices, CITY agrees: (a) CITY will be responsible for the loss or damage to such devices. CITY agrees to pay (i) the cost of repairs of any such device provided to it yr (ii), if the device is irreparable, lost or stolen, for the replacement cost of the device. CONTRACTOR agrees that CITY may obtain insurance for such payments provided that CONTRACTOR is named as a beneficiary under such plan. (b) CITY may be required to enter into additional agreements with the makers of third- party medical devices (monitors, scanners, EKG machines, etc.} with respect to the transmission of information between the medical device and the data entry device. CITY understands and agrees that CONTRACTOR will not be able to provide data entry devices unless and until agreements are entered into with the third-parry manufacturers of such medical devices. CITY understands and agrees that its failure to enter into or reach agreements with such third-parties (and any and all consequences of such failure) shall not be deemed to be a default of CONTRACTOR under this AGREEMENT or any other arrangement between CITY and CONTRACTOR. CITY further understands and agrees that the failure to enter into such agreements with these third parties may hinder CITY's use of certain software features that might otherwise be available to it (for instance, a direct data connection between a medical device and the data entry device). (c} CITY may be required to obtain new yr different medical yr other equipment capable of communicating wish the data entry devices. CITY understands and agrees that such new or different medical or other equipment must be obtained at CITY's sole cost and expense. (d) CITY may request CONTRACTOR to support additional medical or other devices. CITY understands and agrees that the costs of developing an interface may be significant and may involve the payment of royalties to the third-parry manufacturers of the device. CITY further understands and agrees that CONTRACTOR has no obligation to undertake the development of interfaces with additional medical or other devices. 5.05 Sfaffst/ca! Reparting. Statistical and financial data reports wit! be available on the TripTix® Web System at all times that the TripTix® Web System is available. The format and content of the statistical data will be established and defined by CONTRACTOR and such reports may be added, modified or deleted without notice to CITY. Notwithstanding the foregoing, CITY may request specific, custom reports to be available to it at an additional charge to be negotiated between CONTRACTOR and CITY. Service Agreement Page 3 of 9 Pages 5.Q6 Acknowledgement with Respect fo Reports. With respect to each report generated by the TripTix®Web System, CITY acknowledges and agrees: {a) Each report represents a "snapshot" of a moment in time, and, as such, the snapshot may not be accurate with respect to financial results on the whole. (b} The underlying data may be subject to correction from time-to-time, which may change the results of the report or its interpretation. (c) The data represented in the report represents only a limited portion of all data available regarding the CITY's business. CITY thus further acknowledges and agrees that any particular report may not accurately represent the CITY'sthm-current or future financial condition. 6. INDEPENDENT CONTAAGTORS. The CONTRACTOR is an independent contractor and not an employee or agent of the CITY with the following exception: To the extent necessary to fulfill its billing and collection efforts under the AGREEMENT, the CONTRACTOR is authorized to sign in an admirristrafive capacity for the CITY the following types of standard forms and correspondences only: probate filings; letters to patients or their representatives verifying that an account is paid in full; forms verifying the tax-exempt status of the CITY; and insurance filings and related forms. The CONTRACTOR has no authority to sign any document that imposes any additional liability on the CITY. The CONTRACTOR shall retain full control over the employment, direction, compensation and discharge of all persons assisting in the performance of service by CONTRACTOR. The CONTRACTOR shall be fully responsible for all matters relating tv payment of employees, including compliance with Social Security, withholding tax and all other laws and regulations governing such matters. The CONTRACTOR shall be responsible for its own acts and those of its agents and employees during the term of this AGREEMENT. 7. INDEMNiFlCATION. The CONTRACTOR shall indemnify and hold the CITY harmless from any and all claims, damages, fosses and expenses, including but not limited to reasonable attorney fees, arising out of or resuRing from GONTRACTOR's performance, but only to the extent caused by the willful misconduct or the negligent acts or omissions of CONTRACTOR its employees, agents, representatives, consultants, or its SUBCONTRACTORS. 8. INSURANCE. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT, the following insurance coverage: 1) Workers' Compensation Insurance in compliance with the applicable state and federal laws 2) General Liability insurance in an amount no less than $1,000,000 per occurrence. 3) Coverage far business interruption, destruction of data processing equipment and media, liabilities affecting accounts receivable, contracts and independent contractors and, valuable documents in an amount no less than $100,000 aggregate; 4} Liability coverage for all vehicles whether owned, hired or used in the amount of $500,040; and The policies are to contain, or be endorsed to contain, the following provisions: a. General Liability and Automobile Liability Coverage Service Agreement Page 4 of 9 Pages 1. The CITY, its officers, officials, employees and volunteers are to be covered as additional insured as respects; liability arising out of activities performed by or on behal# of the Contractor, including the insured general supervision of the CONTRACTOR; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of protections afforded the CITY, its officers, officials, employees or volunteers. 2. The CONTRACTOR's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Contractor hereby waives subrogation rights for loss or damage against the CITY. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. Q. The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Companies issuing the insurance policy, or policies, shall have no recourse against the CITY for payment of premiums or assessments for any deductibles with are all at the sole responsibility and risk of Contractor. b. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage steal! not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. Contractor shall furnish the CITY with certificates of insurance and with original endorsements effecting coverage required by this clause if requested. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies at any time. 9. CONFIDENTIALITY. 9.01 The terms and conditions of this AGREEMENT are confidential and neither party shall release any of the terms hereof to any third party without Ehe prior written consent of the other party, except to the extent necessary to comply with law, the valid order of a court of competent jurisdiction, or the valid order or requirement of a governmental agency. Notwithstanding the foregoing, either party may, without the prior written consent of the other party, disclose the existence of a contractual relationship between the parties. 9A2 Intellectual Property. CITY agrees that the equipment, computer hardware and software, billing and collection processing, and other related systems and equipment are the property and #rade secrets of CONTRACTOR, and that CITY will not release any information regarding such trade secrets to any third parry without the prior written consent of CONTRACTOR. CITY further agrees that, in connection with the use of certain data entry devices, CITY may gain access to the inietlectuai property of third parties. CITY understands and agrees that it may be required to Service Agreement Page 5 of 9 Pages enter into agreements with respect to such intellectual property in order to use such equipment. CITY agrees to enter into such arrangements at CONTRACTOR's request. 14.OWNER$NIP OF DOCUMENTS. CONTRACTOR shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. The CONTRACTOR agrees that any and all documents, records, disks, and electronic data produced in the performance of this AGREEMENT shall be the sole property of the CITY, including all rights therein of whatever kind except as may otherwise be provided hereinafter. i1. ATTACHMENTS. The following named attachments are made an integral part of this AGREEMENT: A. Scope of Work (Exhibit A attached hereto and made a part hereof) B. Business Associate Agreement (Exhibit B attached hereto and made a part hereof) C. Addendum to Service Agreement -- TripTix® Mobile Program (Exhibit C attached hereto and made a part hereof) 12. TERMINATION. During the time of this AGREEMENT the CITY or CONTRACTOR may terminate this AGREEMENT either for convenience or for default after first giving to the other party ninety (9t}} days written notice. Far cases of default, the CONTRACTOR shall be given opportunity to cure the default within the allotted period following such written notice. In the event the acts constituting default are a violation of law, CONTRACTOR shall be subject to immediate termination of AGREEMENT. Upon termination for any cause, the CONTRACTOR shall submit an invoice(s) to the CITY in an amount(s) representing fees for services actually performed or obligations incurred to the date of effective termination for which the CONTRACTOR has not been previously compensated. Upon payment of all sums found due, the CITY shall be under no further obligation to the CONTRACTOR, financial or otherwise. For purposes of this section, the notice period begins when the CONTRACTOR receives written notice from the CITY. 13. UNCONTROLLABLE FORCES. Neither the CITY nor CONTRACTOR shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this AGREEMENT and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, terrorism and governmental actions. Neither party shall, however, be excused from performance if non-performance is due to forces that are preventable, removable, or remediable nor which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable #orce, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this AGREEMENT. 14. JURISDICTION, VENUE and ARBITRATION. All questions pertaining to the validity and interpretations of this AGREEMENT shall be determined in accordance with the laws of Texas. Service Agreement Page 6 of 9 Pages Any legal action by either party against the other concerning this AGREEMENT shat! be filed in Tarrant County, Texas which shall be deemed proper jurisdiction and venue for the action. All claims, disputes or controversies arising out of, in connection with or in relation to this AGREEMENT shall be decided by arbitration in accordance with the Commercial Rules of the American Arbitration Association then in force. For claims, disputes or controversies which either Party may have in excess of $i,000,Ofl0, exclusive of claims for interest, attorneys fees and costs, three {3} neutral arbitrators shall be used. Otherwise a single arbitrator shall be used. For purposes of determining the number of arbitrators, the Parties' claims and counterclaims shall not be additive. The arbitration shall be conducted in Fort Worth, Texas. The decision of the arbitrator{s} shall be final, binding and enforceable in any court of competent jurisdiction and the Parties agree that there shall be no appeal from the arbitrator{s}' decision except as provided by applicable taw. All statues of limitation that would otherwise be applicable shall apply to any arbitration proceeding. The right to arbitrate shall survive the termination of this AGREEMENT. The Parties acknowledge and agree that this AGREEMENT includes activities in interstate Commerce and that the Federal Arbitration Act, 9 USC §1 et seq shall control and apply to all arbitrations conducted hereunder, notwithstanding any state law provisions to the contrary. The parties irrevocably agree to be joined as parties in any arbitration proceeding which involves claims, disputes or controversies which either party may have with other parties not a party to this AGREEMENT who are also governed by an arbitration agreement. The parties hereby irrevocably waive any objection to the joinder of other parties who are not parties to this AGREEMENT to any arbitration proceeding commenced pursuant to where such other parties are also governed by an arbitration agreement. 15. REPRESENTATIONS. CITY and CONTRACTOR agree that this AGREEMENT consti#utes a legal, valid and binding obligation for each party, enforceable against such party in accordance with its terms {subject always to applicable bankruptcy, insolvency, receivership and other similar laws relating to or affecting the enforcement of creditor's rights generally and to general principles of equity). Further, CONTRACTOR and CITY warrant and represent to each other: that each (i) is duly formed and organized and validly existing under the laws of the jurisdiction of its formation, {ii} is properly qualified to do business and is in good standing under the laws of each jurisdiction in which it does business, (iii} has all necessary corporate or similar power and authority to execute and deliver this AGREEMENT and to consummate the transaction contemplated hereby; and that this AGREEMENT, its execution and the fulfillment and compliance with the terms and conditions hereof, do not violate or conflict with any provision of or result in any breach of or default under any {i} organizational documents of each party, (ii} law or judicial, award, or similar decree, or (iii) agreement, to which CITY or CONTRACTOR, for CUNTRACTOR's representations and warranties, or CITY, for C1TY's representations and warranties, are bound. 16. EXPORT LAWS. CITY shall comply with all then current export laws and regulations of the U.S. Government and the government of the country in which CITY receives delivery of the Licensed Software which pertain to the Licensed Software. Service Agreement Page 7 of 9 Pages 17. ASSIGNMENT OF AGREEMENT. Except to a parent, subsidiary, or affiliate, the CONTRACTOR shall not sell, transfer, assign or otherwise dispose of this AGREEMENT or any part thereof or work provided therein, or of its right, title or interest therein, unless otherwise provided in the AGREEMENT, without express prior written consent by the CITY. ?8. NOTICES. Any notice given or required to be given under this AGREEMENT shall be in writing and shall be addressed to the Parties hereto at the addresses set out below. Any such notices shall be deemed to have been given (i) if mailed, then three (3) Days following the date such notice is placed in the United States mail in a postage paid wrapper, registered or certified with return receipt requested, addressed to the appropriate Party at the address set forth above for such Party, or to the last address provided in writing to the other Party by the addressee, ar (ii) if by any other method, when actually received. Either Party may change its address for the purpose of this AGREEMENT by notice in writing to the other Party in accordance herewith. To the CITY: City of Colleyville ATTN: Fire Chief t 00 Main Street Colleyville, TX 76034 To the CONTRACTOR: Brad Williams Vice President, Finance Intermedix Technologies, Inc. 6451 North Federal Highway, Suite 1002 Fort Lauderdale, Florida 33308 19. SEVERABILITY. Should any part, term or provision of this AGREEMENT be by the courts decided to be i{legal or in conflict with any law of Texas, the validity of the remaining portions or provisions shall not be affected thereby. 20. ENTIRE AGREEMENT. This AGREEMENT contains the entire agreement between the parties. The CONTRACTOR represents that in entering info this AGREEMENT it has not relied on any previous oral andlor implied representations, inducements or understandings of any kind or nature. jsignature pages fa fallow] Service Agreerrtent Page 8 of 9 Pages Exhibit A Scope of Services CONTRACTOR shall provide complete medical billing and accounts receivable management services for CITY's ambulance services in accordance with the responsibilities outlined below. CONTRACTOR's Resporrsi6iliries: CONTRACTOR will provide timely and accurate billing services for emergency medical treatment and transport services utilizing information provided by CITY and information obtained from other reliable sources. All services will be provided as stated below. The following is a summary of these responsibilities: 1. Provide billing and accounts receivable management services to CITY as required on a case-by-case basis. 2. Ensure that all required documentation and agreements with payors (e.g. Medicare, Medicaid, Champus, etc.} are filed and maintained and that the CITY is kept apprised of important changes to industry regulations. 3. Ensure knowledge of different industry insurance plans and will ensure that every billable claim is pursued. 4. Provide reasonably necessary training periodically, as requested by CITY, to CITY's Emergency Medical personnel regarding the gathering of the necessary information and proper completion of run tickets. 5. Provide prompt submission of Medicare, Medicaid and insurance claims after receiving completed run ticket and corresponding insurance claim information. Secondary insurance claims shall be submitted after the primary insurance payor has paid. 6. Provide follow-up on rejected and inactive claims. 7. Utilize most up-to-date knowledge and information with regard to coding requirements and standards, to ensure compliance with applicable Federal, State and local regulations. 8. Reconcile the number of transports processed with those received 9. Provide a designated liaison for patient/payor concerns. 14. Provide all customer-related inquiry services and prepare additional third-party claims or patient payment arrangements based on this information exchange. 11. Provide a toll free telephone number for patients to be answered as designated by the CITY. Exhibit A Page i of 3 12. Facilitate proper security of confidential information and proper shredding of all disposed materials containing such inforrnatian. 13. Establish arrangements with hospitals to obtain/verify patient insurance and contact information. 14. Respond to any CITY or patient inquiry or questions promptly 15. Maintain appropriate accounting procedures far reconciling all deposits, receivables, billings, patient accounts, adjustments and refunds. 16. Provide access to CITY for ail requested information in order for CITY to perform appropriate and periodic audits. Reasonable notice will be given to CONTRACTOR for any ptanned audit and will be conducted during normal business hours of CONTRACTOR 17. Provide timely comprehensive reports facilitating all required aspects of monitpring, evaluating, auditing and managing the services provided. Process refund requests and provide the CITY with documentation substantia#ing each refund requested. 18. Provide CITY all unpaid invoices along with the complete processing history once collection efforts are exhausted. Specific Scope Compliance The CONTRACTOR will provide the specific services: 1. Assign billing patient numbers providing cross-reference to the CITY'S assigned transport numbers. 2. Maintain responsibility for obtaining missing or incomplete insurance information. 3. Provide accurate coding of medical claims. 4. Make recommendations for fee schedule changes and regularly advise on changes in statutes and industry regulations. 5. Respond to all patients' requests and inquiries, either written or verbal, 6. Negotiate and arrange modified payment schedules for individuals unable to pay full amount when billed. 7, Accounts will be processed within the following guidelines unless express written permission advising otherwise is received from the CITY by the CONTRACTOR: a. Accounts will be actively pursued for payment for at feast 120 days. At the end of the 120 day period, there will have been at least 3 attempts at collecting the amount due except for those accounts where insufficient demographic information exists io pursuit the account. Exhitait A Page 2 of 3 b. CITY grants io CONTRACTOR the express ability to settle an account for no less than 70% of the billed amount, and to effect any negotiations necessary to accomplish this tasking. Offers of Tess than 70% require express written consent of the CITY. c. CONTRACTOR may establish payment plans for patients unable to pay the amount due in full, provided no payment plan exceeds 12 monthly payments in term. 8. Provide for facilities to permit real-time read only electronic look-up access by CITY to CONTRACTOR'S system to obtain patient data and billing information. 9. Maintain records in an electronic format that is readily accessible by the CITY personnel and that meets a!I federal and state requirements for maintaining patient medical records. 10. Maintain daily deposit control sheets and original documentation t t. Create, implement and comply with a Compliance Plan consistent with the intent and activities included in the U.S. Office of Inspector General (OIG) Compliance Program Guidance for Third Party Medical Billing Companies 63 FR 70138; (December 18, 1998). 12. Provide reporting of trauma data required by the Texas Department of State Health Services (TDSHS) with connectivity/interface in a format reasonably required by the State. C1TY's Responsibilities: 1. CITY will provide CONTRACTOR with patient encounter information on a timely basis and in sufficient detail to support diagnosis and procedure coding. CITY will also provide patient demographic information necessary for accurate patient identification including name, address, social security number, date of birth, and telephone number. Where possible, CITY will obtain and provide CONTRACTOR with patient health insurance, auto insurance, or other insurance information. 2. CITY will provide CONTRACTOR with necessary documents required by third parties to allow for the electronic filing of claims by CONTRACTOR on CiTY's behalf. 3. CITY will provide CONTRACTOR with its approved billing policies and procedures including fee schedules and collection protocols. CITY will be responsible for engaging any third party collection service for uncollectible accounts after CONTRACTOR has exhausted its collection efforts. 4. CITY will timely process refunds identified by CONTRACTOR for account overpayments. 5. CITY will provide a Lock Box address to CONTRACTOR and will instruct Lock Box to forward all t_ock Box documents to CONTRACTOR for processing if CITY desires to utilize the services of a I..ock Box entity. fi. CITY will provide CONTRACTOR with ©aily Bank l3alance Reporting Capabilities via the bank's designated web site. 7. CITY will cooperate with CONTRACTOR in all matters to ensure proper compliance with laws and regulations. Exhibit A Page 3 of a Exhibit B Business Associate Addendum CONTRACTOR the "Business Associate" and CITY hereby add the following additional language to the AGREEMENT. 1. CONTRACTOR shall carry out its obligations under this Addendum in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 199fi, Subtitle F - Administrative Simplification, Sections 2fi1, etseq., as amended {"HIPAA"}, to protect the privacy of any personally identifiable protected health information ("PHI") that is collected, processed or (earned as a result of the Billing Services provided hereunder. In conformity therewith, CONTRACTOR agrees that it will: a. Not use or further disclose PHI except as permitted under this Addendum or required by law; b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Addendum; c. To mitigate, to the extent practicable, any harmful effect that is known to CONTRACTOR of a use or disclosure of PHI by CONTRACTOR in violation of this Addendum. d. Report to CITY any use or disclosure of PH1 not provided for by this Addendum of which CONTRACTOR becomes aware; e. Ensure that any agents or subcontractors to whom CONTRACTOR provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to CONTRAGTOR with respect to such PHI; f. Make PHI available to CITY and to the individual who has a right of access as required under HIPAA within 30 days of the request by CITY regarding the individual; g. Incorporate any amendments to PHI when notified to do so by CITY; h. Provide an accounting of all uses or disclosures of PHI made by CONTRACTOR as required under the HIPAA privacy rule within sixty {60} days; i. Make their internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Wealth and Human Services for purposes of determining CONTRACTOR's and CITY's compliance with HIPAA; and j. At the termination of the AGREEMENT, return or destroy ali PHI received from, or created or received by CONTRACTOR on behalf of CITY, and if return is not feasible, the protections of this Addendum will extend to such PH1. 2. The specific uses and disclosures of PHI that may be made by CONTRACTOR on behalf of CITY include: Exhibit B Page 1 of 2 a. The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by CITY to its patients; b. Preparation of reminder notices and documents pertaining to collections of overdue accounts; c. The submission of supporting documentation to carriers, insurers and other payers to substantiate the health care services provided by CITY to its patients or to appeal denials of payment for same. d. Uses required for the proper management of CONTRACTOR as business associate. e. Other uses or disclosures of PHI as permitted by the HIPAA privacy rule. 3. Notwithstanding any other provisions of this AGREEMENT or Addendum, the AGREEMENT may be terminated by CITY if CONTRACTOR has violated a term or provision of this Addendum pertaining to CONTRACTOR's material obligations under the HIPAA privacy rule, or if CONTRACTOR engages in conduct which would, if committed by CITY, result in a violation of the HIPAA privacy rule by CITY. Exhibit B Page 2 of 2 f_xhibit C Addendum io Service Agreement (TripTix® Mobile System Program) This Addendum to the AGREEMENT (the "Addendum") hereby adds the following language to the AGREEMENT. WHEREAS, CONTRACTOR has developed the "TripTix® Mobile System" system running on various hardware platforms to enter medical records and data into and interact with its main billing and medical records system (the "Product" as more particularly defined herein} that CONTRACTOR is willing to make available under license to CITY upon the terms herein sef forth; and WHEREAS, CITY has expressed a desire to use the Product; and WHEREAS, CITY acknowledges that, in connection with the provision of the Product and the TripTix® Mobile System devices, CONTRACTOR is incurring significant costs per unit and, in some cases, per User out of pocket expenses; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and covenants contained herein and for other good and valuable consideration the adequacy and sufficiency of which is hereby acknowledged, the Parties agree as #ollows: ARTICLE I. DEFINITIONS t.01 Definitions. For all purposes of this Addendum, the following definitions shall apply: "Confidential Technical Information"shall mean any and all technical information of the designated Party except: technical in#ormation which at the time of disclosure is in the public domain; technical information which after disclosure is published or otherwise becomes a part of the public domain through no fault of the recipient (but only after it is published or otherwise becomes part of the public domain}; technical information which the recipient can show was in its possession at the time of disclosure and it was not acquired, directly or indirectly, from the other Party hereto; or technical information which was received by the recipient after the time of disclosure hereunder from a third party who did not acquire it, directly or indirectly, from the disclosure Party under an obligation of confidence. Exhibit C Page 1 of $ For the purpose of this definition, specific technical information disclosed by one Party to the other pursuant to the provisions of this Addendum shall not be deemed, as to the recipient, to be within any of the above exceptions merely because it is embraced by more general information within one of the said exceptions. In addition, any combination of features disclosed by one Party to the other pursuant to the provisions of this Addendum shall not be deemed, as to the recipient, to be within any of the above exceptions merely because individual features of the combination are within any of said exceptions, but only if the combination itself and its principle of operation are within one of the said exceptions. "Contract Rights" shall mean Intellectual Property and any other rights and interests of CITY or CONTRACTOR in and under this Addendum, i»cluding other assets relating to the Product. "Customizations"sholl mean any changes to the Licensed Software requested by CITY and agreed to by CONTRACTOR for increased or different functionality of the Licensed Software. "Day" or "Days"shall mean a continuous calendar day. "Documentation" shall mean any technical or instructional materials for the Licensed Software that are delivered io C1TY by CONTRACTOR. 'Defaulting Party" shalt mean either CONTRACTOR yr CITY to this Addendum who has been served with written notice that it is not in compliance with any term to this Addendum. "Effective Date"shall mean the date on which the Initial Fee is paid or, if no lnifial Fee is required, the dale on which the last party to this Addendum executed it "First Day of Service" shall mean, with respect to each Product Unit, the first day such Product Unit is delivered to CITY. "lnifial Period" shall mean, with respect to each Product Unit, the initial three-year period following the delivery of the Product Unit to CITY. "Intellectual Property" shall mean aN of CDNTRACTORs rights in and to the Product, including, without limitation, CONTRACTDR's copyrights, trademarks, trade dress, trade secrefs, patents and patent applications (if any), and "know how" and any other proprietary information developed by CONTRACTOR relevant to the Product. "initial Fee" shall mean, with respect to each Product Unit, the Third-Party Intellectual Property Royalty Payments required !n connection with such Product Unit "Licensed Software" means the copies of CONTRACTOR s software programs as are contained in the Product, including any Documentation included therewith. CONTRACTOR may, at its sole discretion, provide corrections and modifications to the Licensed Software from time to time. "Licensed Territory" shall mean any geographical area in which CITY operates its emergency medical service throughout the term of this addendum. "Material Breach"shall have the meaning given to if in Article 5 of this Addendum. Exhibit C Page 2 of $ "Material Non-Monetary Breach" shall have the meaning given to it in Article 5 of this Addendum. "Product" shat! mean, collectively, each Product Unit {a tablet PC, personal digital assistant or similar device}, the Licensed Software, any Custornizafions with respect to one or more of the Product Units delr'vered to CITY, and any Third-Party intellectual Property, as licensed to CITY under the terms and conditions of this Addendum. "Product Unit" shall mean a single data collection device delivered pursuant to the terms and conditions of this Addendum containing one or more elements of the Product but shall not mean any ancillary devices or products provided by persons other than CONTRACTOR. "Third-Party interface Devices"shall mean those devices that interface with the Product to transfer information, including medical monitoring devices for which Third-Party fitellecfual Property Royalty Payments are made. "Third-Party intellectual Property Rights" shall mean the intellectual property rights of any third-parry used in connection with the Product. "Third-Party intellectual Property Royalty Payments" shall mean the payments to be made directly by CITY or, indirectly, on C1TY's behalf, as consideration for the licensing of any Third-Party tnteilectua! Property Rights. "Updates " shall mean any and al! revisions to the Licensed Software, and the Customizations or any other part of the Product, if any, as steal! be delivered by CONTRACTOR to the CITY from time to time. "Users" steal! mean any employees or independent contractors of CITY, all of whom shall have the right to use the Licensed Software, Customizations and any Documentation pursuant to the terms and conditions of this Addendum. ARTICLE II. PRICE AND PAYIUIENT 2.0? Adjustment fo Rates of Compensation under the AGREEMENT. The compensation due and owing CONTRACTOR by CITY shall be increased as described in Section 4.03(b) of the AGREEMENT during the Term of this Addendum. 202 License Fees. In addition to the payments required pursuant to the provisions of Section 4.03(b) of the AGREEMENT, CITY shall make the payments in connection with Third-Party Intellectual Property Royalty Payments as further set out on Schedule 2.01 hereto. In the event that CITY terminates this Addendum within the first 12 months, it shall pay an early termination fee as set out on Schedule 2.02 hereto 203 Payment Terms. All undisputed amounts shall be paid within thirty (30) days of receipt of a valid invoice. 2.04 Taxes. CITY shall pay all taxes, duties or charges of any kind (including withholding or value added saxes) imposed by any federal, state, or local governmental entity for Licensed Software or Products and supporting training and Documentation and related materials and maintenance provided during the term of this Addendum, excluding only taxes based solely on CONTRACTOR's income. CITY shall indemnify and hold CONTRACTOR harmless from all claims and liability arising #rom CITY's failure to discharge or pay any and all such taxes, duties, or charges. Exhibit C Page 3 of 8 ARTICLE III. PROPRIETARY RIGHTS 3.Oi CITY acknowledges that CONTRACTOR and its suppliers, including, without limitation, the suppliers of licenses of Third-Party Intellectual Property Rights, have, retain and own all right, title and interest in and to the Licensed Software, the Customizations, the Updates, any Documentation, and all patent, copyright, trademark and service mark and trade name and the goodwill associated therewith, trade secret, inventions, technology, ideas, know-how, and all other intellectual properly rights and all other rights pertaining thereto. Atl such right, title and interest shall be and remain the sole property of CONTRACTOR. CITY shall not be an owner or holder of any copies of, or have any interest in the Licensed Software or any Updates, Customizations, and Documentation but rather, such Licensed Software, Releases and Updates and Documentation are solely licensed for use pursuant to this Addendum. Neither CITY nor its Users shall: (i) remove any copyright, patent or other proprietary legends from the Licensed Software or any Product; (iiy sub-license, lease, rent, assign, transfer or distribute Licensed Software or any Product to any third party; (lily alter, modify, copy, enhance or adapt the Licensed Software or any Product; (iv) attempt to reverse engineer, covert, translate, decompile, disassemble or merge the Licensed Software or any Product with any other software or materials; {v) o#herwise create or attempt to create any derivative works from this Licensed Software or any Product, or permit persons who are not Users any access to the Licensed Software or its operations, and any attempt to do any of the above shalt void all warranties given CITY by CONTRACTOR. ARTICLE IV. TERM AND TERMINATION 4.Ot Generally. The term of this Addendum shall begin on the Effective Date and shall continue until the end of the tnitial Period of the last Product Unit delivered pursuant to the terms and provisions of this Addendum ("Initia! Term"). CONTRACTOR's Maintenance and Support obligations, as well as its development commitments, shall continue until the end of the Initial Term at the fees set forth ny the AGREEMENT provided, however, that CITY or CONTRACTOR may terminate this Addendum pursuant to the terms and provisions of this Addendum. 4.02 Termination. Notwithstanding any other language herein or in the AGREEMENT, a termination of the Addendum shall not operate to terminate the AGREEMENT, but a termination of the AGREEMENT shall operate as a termination of this Addendum. Notwithstanding anything to the contrary herein or in the AGREEMENT, a termination of the AGREEMENT may be deemed to be an elective termination and a default under this Addendum. 4.03 Termination of the Addendum. Termination by CITY upon CONTRACTOR Material Breach. CITY may terminate this Addendum (but not the AGREEMENT] without obligations to pay an early termination payment, if CONTRACTOR commits a Material Non-Monetary Breach which breach, if capable of being cured, is not cured within 34 days of a written notice of termination Termination by CITY without CONTRACTOR Material Breach. CITY may terminate this Addendum {but not the AGREEMENT} at any time by providing notice to CONTRACTOR, making payment in full of the required early iennination payment disclosed on Schedule 2. D 1 with respect to EACH Product Unit delivered pursuant to this Addendum and returning al! Product Units to CONTRACTOR. Termination by CONTRACTOR upon CITY Material Breach. CONTRACTOR may terminate this Addendum if CITY commits a Material Monetary Breach CITY fails to pay any undisputed amount due under this Addendum within 20 days after written notice of such nonpayment or Exhibit C Page 4 et 8 a Material Non-Monetary Breach, which breach, if capable of being cured, is not cured within 30 days of a written notice of termination. 4.Q4 Any termination of the Addendum shall not: release CITY or CONTRACTOR from any claim of the other accrued hereunder prior to the effective date of such termination; release CITY or CONTRACTOR from their obligations under Article VII or Sections 4.05 and 4.Ofi, respectively, unless otherwise released by the further terms hereof; 4.05 Upon termination of this Rddendum, CONTRACTOR shall remain the sole owner of the Product and all intellectual property and goodwill associated therewith, and G1TY shall assert no rights thereto. 4.06 Delivery of Ma#erials. Upon termination of this Addendum for any reason, CITY shall immediately discontinue use of the Product including all Documentation and within ten (10) days return each of the Product Units and certify in writing to CONTRACTOR that all copies, extracts or derivatives of any item comprising the Praduct, including all Documentation, in whole ar in part, in any form, have either been delivered to CONTRACTOR or destroyed in accordance with CONTRACTOR's instructions. All payments made by CITY to CONTRACTOR hereunder are non-refundable. ARTICLE V. BREACH OF ADDENDUM 5.01 Material Non-Monetary Breaches. CITY Material Non-Monetary Breach. For purposes of this Addendum, as respects a breach by a CITY, a "Material Non-Monetary Breach" includes any breach of its or its User's obligations with respect to Proprietary Rights, Confidentiality, or any materia! breach of a party's representations or warranties under this Addendum. CONTRACTOR Material Nan-Monetary Breach. For purposes of this Addendum, as respects a breach by CONTRACTOR, a "Material Non-Monetary Breach" includes any material breach of its Maintenance acrd Support obligations or any material breach of its representations or warranties under this Addendum. CONTRACTOR and CITY Material Non-Monetary Breach. For purposes of this Addendum, as respects a breach by either CONTRACTOR or CITY, it shall be a "Material Non- Monetary Breach" if such party {i) terminates or suspends ifs business or operations, (ii) becomes insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for lire benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority, or (iii) becomes subject to any bankruptcy or insolvency proceeding under federal or state statutes which are not rescinded within forty-five (45) days. 5.02 Material Monetary Breaches. For purposes of this Addendum, as respects a breach b y either CONTRACTOR or CITY, it shall be a "Material Monetary Breach" with respect to such party if: Such party fails to make any Third-Party Intellectual Property Royalty Payment as required under any agreeme»t with such third party; Exhibit C Page 5 of 8 Such party fails to make payments due under the terms of this Addendum or the AGREEMENT when and as due; or Such party fails to reimburse the other party for payments made on its behalf for Third- Parry Intellectual Property Royalty Payments. ARTICLE VI. LICENSE 6.01 License. Commencing on the Effective Date and subject to the terms and conditions of this Addendum, CONTRACTOR grants CITY anon-exclusive, non-transferable license, to use the Product in the Licensed Area by the Users. This license does not constitute a sale of the Product ar any portion or piece thereof or of any copies of Licensed Software, Customizations or Documentation. 5.02 Delivery and Acceptance. CONTRACTOR will deliver to CITY, the Product at mutually agreeable times, after or simultaneously with the later of date of the execution of this Addendum or Effective Date, or as otherwise provided. 6.03 No Other Rights. Except to exercise the license of Section 6.01 and its rights specifically granted under this Addendum, CITY shall have no rights to own, use or otherwise exercise dominion over the Product. Except as otherwise permitted under this Addendum, CITY may not rent, lease, loan, sell or otherwise distribute the Product or any derivative works based upon the Licensed Software in whole or in part. 6.04 Right of Audit Either party may audit and inspect the other party's physical and electronic records solely to verify such party's compliance with the terms of this Article VI. CITY hereby agrees to the remote electronic survey of the Licensed Software licensed hereunder, provided CITY is provided ten (10} business day's prior written notice of such survey and provided further that such audit is conducted in a reasonable manner. In addition, upon written request from the other party, each party shall provide or obtain physical access to such records to either the requesting party or an independent auditor chosen by the party for the purposes of audit. All physical audits of CITY wilt be conducted at the business premises in which the Licensed Software is installed or accessed during regular business hours during the term of this Addendum. Audits will be conducted no more frequently than once annually. All individuals performing such audits, including independent third party auditors, must be bourxf by confidentiality obligations consistent with this Addendum. 5.05 Material Change to Product. If there is any material change in any rules, orders, laws or regulations governing the manner in which this Product operates or in the data provided by third parties (such as changes in the manner of operation of global distribution systems or standards in wireless or non-wireless communications protocols}; then upon written notice to CITY, CONTRACTOR will have the right, retroactive to the date of such material change, to modify the way in which this Product delivers data in order to comport with any change in law or regulations or functionality governing the Product. All data used by CONTRACTOR for testing and development shall be supplied by CITY at its expense to CONTRACTOt~ promptly upon request by CONTRACTOR to CITY. ARTICLE VII. LIMITED WARRANTY AND DISCLAIMER: T.Di Software Media Warranty. GONTRACTOR warrants that each Product Unit delivered to CITY will be free from material defects when delivered. CONTRACTOR'S entire liability and CITY's exclusive remedy under this warranty will be to replace the media on which such Product was delivered. CONTRACTOR shalt have no obligation to replace any detective media which is not returned to CONTRACTOR within the warranty period ar which has failed because of accident, abuse or misapplication. 7.02 Software Warranty. CONTRACTOR warrants that for a period of 90 days from the delivery of a Product Unit identified by CONTRACTOR as being fully functional for production at the site Exhibit C Page 6 of 8 designated by CONTRACTOR, the Product, if properly used by CITY, shall operate in conformity with the Documentation #or such Product, if any. CONTRACTOR does not warrant that any Product will meet all of CITY's requirements or that the use of any Product will be uninterrupted or error free. 7.03 Grant of Standard Warranties Only. NEITHER CONTRACTOR NOR ANY OF ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH CITY WITH RESPECT TO THE PRODUCT OR OTHER ITEMS DELIVERED PURSUANT TO THIS ADDENDUM THAT IS NOT PART OF THE STANDARp WARRANTY OFFERED BY CONTRACTOR TO ITS OTHER CUSTOMERS. CONTRACTOR's sole and exclusive liability, and CITY's sole and exclusive remedy, shall be, at CONTRACTORSs sole election, io terminate this Addendum, at which time, CITY shall immediately deliver each Product Unit and any related Documentation to CONTRACTOR; provided, however, CONTRACTOR may elect, to attempt, through reasonable efforts, to: (a) correct any material nonconformities discovered within the Warranty Period, {b} replace the nonconforming Product. The above remedies are available only if CONTRACTOR is promptly Hatt#ied in writing, within the warranty period, upon discovery of the nonconformities by CITY and CONTRACTOR's examination of the Product discloses that such nonconformities exist, and that the Product has not been {i) altered or modified; {ii) subjected to negligence, or computer or electrical malfunctions; {iii) used, adjusted, or installed other than in accordance with the instructions furnished by CONTRACTOR; or {iv} modified for custom development by CONTRACTOR for CITY as agreed in an Order. ANY REFUND OF FEES PROVIDED HEREUNDER (WHICH MAY BE UNDERTAKEN AT CONTRACTOR'S SOLE AND COMPLETE DISCRETION) SHALL BE DEEMED A TERMINATION OF TH15 ADDENDUM {AND ANY RELATED MAINTENANCE) AND SHALL BE CITY'S SOLE AND EXCLUSIVE REMEDY FOR REJECTION OF THE PRODUCT{S} AND NEITHER PARTY SHALL HAVE ANY FUTURE OBLIGATIONS OR LIABILITY HEREUNDER WITH RESPECT TO SUCH PRODUCT{S). THIRD PARTY INTELLECTUAL PROPERTY PAYMENTS SHALL NOT BE REFUNDABLE IN FULL OR IN PART. 7.04 information/Disciarmer of Warranties with Respect to Data and Information Provided by Third Parties. Some information transmittable or accessible through any Product Unit may have been obtained through sources believed to be reliable (such as various Internet providers, real-time data provided by GPS systems or medical devices or other third party information sources}. CITY agrees that CONTRACTOR shall not have any liability whatsoever for the accuracy, completeness, timeliness or correct sequencing of the information, or for any decision made or action taken by the CITY in reliance upon such information or the Product. CITY further agrees that CONTRACTOR shall have no liability whatsoever for the transmission, non-transmission or partial transmission of data through third-party data systems and that such transmission shall be undertaken at CITY' sole risk, cost and expense. CONTRACTOR and its third party suppliers do not warrant to the CITY that any Product will meet CITY's requirements or that access fo the Product, or the operation of the Product, will be uninterrupted, error-free, that alt errors will be timely corrected by third party's providing of information, or that the data a»d/or reports generated by the Product will 6e accurate in fhe event that third party information providers have provided inaccurate information. 7.05 DISCLAIMER; EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH IN THIS ADDENDUM AND THEIR OWN WILLFUL MISCONDUCT, CONTRACTOR DOES N07 MAKE ANY WARRANTIES EXPRESS, fMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH CITY WITH RESPECT TO THE LICENSED SOFTWARE, ANY SERVICES OR ANY PRODUCT, AND CONTRACTOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATIVE OF CONTRACTOR SHALL HAVE THE RIGHT TO MAKE WARRANTIES ON CONTRACTOR'S BEHALF UNLESS THOSE WARRANTIES ARE IN WRITING AND EXECUTED BY A DULY AUTHORIZED OFFICER OF CONTRACTOR. EXCEPT Exhibit C Page 7 4f 8 WITH RESPECT TO THEIR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT QF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, ARISING IN ANY WAY OUT OF THIS ADDENDUM UNDER ANY CAUSE OF ACTION, WHETHER OR NOT CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON. Exhibi# C Page 8 of 8 Schedule 201 Third-Party Inteleecuua! Property Royalty Payments In addition to the other compensation required under this Addendum, Third-Party Intellectual Property Payments shall be made as follows: Licensing/Royalty agreement to be executed between CITY and the manufacturer of the CITY's defibrillating equipment when the manufacturer has cleared the TripTix® Mobile System equipment for direct interface between their equipment and the CaNTRACTOR provided data devices. AND NO DTHER SERVICE AGREEMENT-SCHEDULE Z.O1 PBQ91 01 1 Schedule 2.02 Initial Term Early Termination Payments The Initial Term Early Termination Payments with respect to each Product Unit are as follows: Period Amount (1) For an Early Termination during the first 12 months from $4,500 the beginning of the Term: (2) For an Early Termination during the remainder of the $•--0--- Term: SERVJCE A(aREEIYfENT -SCHEDULE 2A2 Page Z of 1 '' City Hall ~'`ti"l " ~ City of Colleyville 100 Main Street ~~•, ' ~ Colleyville, Texas 76034 ~~~~~~_" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Draft Version: 1 Agenda Date: 05/05/2009 Controlling Body: City Council Requester: Agenda No.: 4i Final Action: File Name: Approval of a contract with I-Stream for direct deposit of ambulance billing revenues, and authorizing the City Manager to execute the contract Attachments: Account Resolutions I-Stream Contract 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Approval of a contract with I-Stream for direct deposit of ambulance billing revenues, and authorizing the City Manager to execute the contract Explanation Reading and Public Hearing The current provider of ambulance billing services, Intermedix, has partnered with I-Stream to provide automatic check depositing of ambulance billing revenues in lieu of mailing checks to the City to be processed through the Fire Department and Finance before being deposited. This system is provided as a service by Intermedix and has no cost impact to the City. Financial Impact It has been determined that direct deposit will increase efficiency in the processing of checks for ambulance services. Recommendation Approval City of Colleyville Page 1 Printed on 4/29/2009 ACCOUNT RESOLUTIONS By the (circle oneJ Board of Directors / Managers I Members /Partners !Sole Proprietor of a business organized in the state of as a (indicate entity type) ("Company") approving resolutions designating Kenney Bank and Trust as a depository with authorization to transfer funds: RESOLVED, that Kenney Bank and Trust (Bank) is hereby designated as a depository in which the funds of this Company may, from time to time, subject to the rules and regulations of the Bank governing the Clearing Account, be deposited by any of its officers, managers, members, partners, sole proprietor, agents or employees, as applicable; and that any such officer, manager, member, partner, sole proprietor, agent or employee of the Company is hereby authorized on behalf of the Company and in its name to endorse for deposit with Bank info the Clearing Account any and all checks, drafts, or other instruments or orders for the payment of money payable to the Company, which endorsement may be in writing, by stamp, or otherwise, with or without designation or signature of the person so endorsing, it being understood that on all such items all prior endorsements are guaranteed by the Company or the individual(s) legally responsible for the entity, irrespective of the lack of an express guarantee in the endorsement of the Company. FURTHER RESOLVED that Bank, in accordance with the provisions of the Item Processing Agreement entered into by and between Bank and Company, be and is hereby authorized and directed to transfer funds in the Clearing Account of the Company to the Designated Account as that term is defined in the Item Processing Agreement. FURTHER RESOLVED That Bank be and is hereby authorized to comply with any process, summons, order, injunction, execution, levy, lien, or notice of any kind (hereafter called "Process") received by or served upon Bank, which in Bank's opinion affects this deposit account and Bank may, at its option and without liability, thereupon refuse to transfer sums from this account and may either hold the balance therein until Process is disposed of to Bank's satisfaction, or pay the balance over to the source of the Process. FURTHER RESOLVED that the individual authorized to provide certifications for the Company is authorized and directed to certify to Bank the foregoing resolutions and that the provisions thereof are in conformity with the governance and organizational documents of the Company and that the foregoing resolutions and the authority thereby conferred shall remain in full force and effect until the Company officially notifies Bank to the contrary in writing and Bank may conclusively presume that such resolves are in effect. I, the undersigned, do hereby certify that I am the duly qualified and appointed individual io act as the custodian of the records and company seal (if any) of the above named Company; that the foregoing is a true and correct copy of the resolutions duly agreed to and adopted in accordance with law and the governing organizational documents of the Company on , 20_, and that such resolutions, not being in conflict with the law or the governing organizational documents, are now in full force and effect. AFFIX COMPANY SEAL (if any) Signed and Seated this day of , 20_. Signature of Individual with certification authority The undersigned, as a director, manager, member, partner, or sole proprietor (as the case may be} of the above-named Company, affirms that the foregoing is a correct copy of resolutions agreed to and adopted for the Company. Signature: Print title: © Copyright iStream Imaging° 2006 KENNEY BANK AND TRUST Route 54 and Jordan Street, Kenney, IL 61749 REMOTE DEPOSIT AGREEMENT For: Clearing Account General Agreement. The terms of This Remote Deposit Agreement ('Agreement), abng wiN any other documents applicable to this clearing aceount ('Clearing Acwunt~, govern the operation of this Clearing Account, unless varied or supplemented in writing. Unless it would be inconsistent to do so, words aril phrases used in This Remote Deposit Agreement ('Agreement) should be consWed so that the sirvtutar includes the plural and the plural includes the singular. The lemu"Company ,you' and 'your refer to the depositor and the terms'Bank",'We'. 'us' and "out' reler to Kenney Bank and Trust 'item is any check, draft, or order for the payment of money, oral or written, in electronic a other form. 'Business Day is any day we are open for carrying on substanfiatly all of our banking business other than Saturday, Sunday, or Federal Reserve Bank hol'day. You underslarxt and agree that this Clearing Account fs being opened as part of and in conjunction with the Item processing services provided by Bank and iSUeam Imaging, Inc. (iStreaml pursuant to the Item Processing Agreement entered into by and between Company, Stream and Bank. Terms That are defined in the Item Processing Agreement shall have the same meaning in this Agreement. You understand that your Gearing Account is also governed by applicable lederal and state law (except to the extent that this Agreement can and does vary such rules or laws). General Rules. The folbwing rides apply b your Clearing Account 1. Deposits. Deposits shah be made to the Clearing Aaounl by remote deposit in accordance with the Item Processing Agreement. All transactions received alter our daily cut-ott time' on a Business Day vre are open, or received on a day in which we are not open for business, will be treated and recorded as if initialed on the next banking day. We may refuse to accept particular dreck5 or similar instruments as a deposit to your Clearrg Account at our discretion. Company understands and agrees that Company will not deposit Items that are issued by Company or Company's affiliates and Company will not deposit loreign Items drawn on financial inslitutbr>s that are krcated outside of the Urwted Slates or United Slates Territories. Unless we agree In wrihng to the wntrary, you agree that you wig not deposit a substitute cfreck it a bank has not made the warranties in sectbn 5 of the Check Gearing br the 21w CenWry Act with respect to substitute checks (non warranted substitute check). II you deposit anon-warranted substitute check, you agree to indemnify us against any bss from any source that we incur (ncluding ~tormeys' fees and other vests) and hold us harmless, as the result of your depositing the non warranted substitute check. You also agree to indemnify us and tales us harmless as ita result of any loss that we incur N we convert the Item that you deposit to a substitute check and the image of the original check is not an aaurate representatbn of the original check because of the design of the check or the color of the bk used to pdnl, complete the terms of or indorse the check. Oeposils may be subject to a service charge. When we receive your deposits, we may provisionally credit your Clearing Awoun(lor the amount declared on the deposit slip, subject to laser verifrca6on by us. You must ensure that the amount declared on the deposit shp is correct, even it you did not prepare the deposit slip. If we later determine that the amount declared on the deposit slip is inwrrect, we may adjust (debit or credit) your Clearing Account. However, if the eror In completing the deposg slip was inadvertent and is less Than our standard adjustment amount, we may not adjust your Clearing Acwunt We may change our standard adjustment amount from gins to lime without notice to you. 2. CoNection of Deposited Items. In receiving Items la deposit a wllectbn, we act only as your agent and assume no responsibility beyond the exercise of ordinary care. AM Items, Induding'on us' Items, are credited sub)eq to final settlement In rash a credits. We shall have the right to forward Items to correspondents including all Federal Reserve Banks and we shall not be liable Tor delault or neglect of said wrrespondents for bss in transit, nor shat arty wnespordent be liable except for its own negligence. You specif'~caty authorize us or our wrcespordents to utilize Federal Reserve Banks to handle such Items in accordance with provisbns of Regulation J {f 2 CFR Part 210), as revised or anended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such Items in aarordance with the rules and regulagons of the cleadnghotue. You agree to be bound by all other agreements entered into by us for the purpose of clearing, collecting, presenting or returning Items. Ag Items presented for deposit must be in a format That can be processed in accordance with the requirements of the Item Processimg Agreement and we may refuse to accept am/ check that does not meet this requirement. All endorsements on the reverse side of any check deposited info your Clearing Account must be placed on the lets side of the check when ticking at it from the front. and must be placed so as to cel go beyord an area located t inches from the leg edge of the check, when ticking at it Irom Ne front. It fs your responsibility to ensure Thal these requirements are met and you are responsible for any loss incurred t»' us to failure of an endorsement to meet this requirement. II any Item you deposit to your Clearing Aowrxll Is returned unpaid, we have the right b debit your Clearing Account far the artaunt of such Item. We may reprocess the Item, but you do not require it We may also process returned Items in acwrdarrce with your special instnxdans accompanying your Applicatbn for Item processing services Irom iStream and Bank, or as such special instructions may be revised Irom time to time. We can process a copy, electronic entry, or olhar evidence of the returned Item. You waive presentment, notice of dishonor and protest. You will, in any event, be liable to us for the amount of any check or similar instrument you deposit to your Clearing Acwurtl or receive cash that is returned unpaid, plus our costs and expenses associated with collection of all or any pad of such amount from you, including reasonable attorney tees. In addition, we may charge back any deposited Item at any lime before final settlement for whatever reason. We may charge back any Item to your Clearing Account on which there is a claim for bleach of warranty even after final settlement of the Item. A breach of warcaMy includes but a rat limited to Items that you have deposited that contain an alteratbn, a forged or missing endorsement, or Items fa which you do not have good title. We shall not be liable for any damages resulting Irom the exerese of these rights. 3. Encoding. II we accept Items for deposit from you which you a your agent have encoded with MICR encoding, we may rely upon the accuracy and completeness of such encoding in processing the Menu for wgedbn a payment. You shag be solely responsible for any encoding errors or detects, including without limitation, amount errors, and shall indemnity and hold us harmless from and against any and all claims, damages, demands, judgments, katlgities, bsses, settlements and expenses (including attorneys' fees) resulting directly or indirectly Irom such encoding. 4. Right of setoff. We may exercise gre right of serolt, that is, the right under certain circumstances, to use lunds in your Clearing Account to pay any debts you owe us now or In the future, either before or alter any default. If the debt arises Irom a note,'any due ant payable debt includes tfre total artaunt of which we are entitled to demand payment under the terms of lla note at the time we set oft, including any balance the due date br which we property accelerate under the note. We may recover funds you owe us tram any of your accounts with us. For accounts with more than one owner, we may Ueat any name on gre account as ttre sole owner and agent of that account and we may exercise Itas rght to pay irdividual debts of any owner. It you are the sole proprietor or general partner of a business, you agree that we have the right of setoff under this paragraph against the furls h any o1 your personal accounts fa the debts of your business. You agree to told us harmless from any claim arising as a result of our exercise of our right of setoff. 5. legal Process. We may accept aril act on any legal process that we believe to ce valid without any liability by us to you, whether served in person, by malt or by facsimile Uansmissbn al any of our offices. 'Legal process' Includes a subpoena, restraining ceder, injunction, writ of attachment or exewllon, levy, garnishment, tax withhokling order, search warcant, forfeiture or other similar order relating to your Clearing Account. We may charge your Clearing Account a legal process fee for each order. You agree to pay our tees and expenses la research and copying of documents and all other expenses, including adminisUative expenses, we Incur in responding la any legal process reWled to your Clearing Aaount. These may include attorneys' tees. We may deduct These fees and expenses from any of your accounts without pda notice to you. Any gamisfnnenl, attachment or other levy against any of your accounts 15 subject to our right of setoff and any seariry inleresl we have in any account. If a bankruptcy or similar proceeding is tiled by or against any owner, we can place an administrative Iald on part or all of the balance while we seek to have the automatic stay titled. 6. Authorized Individuals. We are authorized to rely upon any document provided by you to us, which indicates the persons authorized to act on your behatt until Ure authority from any such person is withdrawn in writing. By uslrg any service providetl by us, you represent and warant that the execution, tlekvery and pedormance by you o1 any agreement or acknowledgement covering such service have been duty authorized by necessary action and do not and wig not violate any provision of law or your charter or by-laws, a result in the breach of or constitute a default under any other agreement or insWment by which you are bound or affected. In order to induce us to honor any request direction a insWclion regarding your Clearing Awount, or the services provided by us to you, including but not limited to services enumerated in This Agreement, you hereby agree to indemnity and hold us harmless Irom and against arty and all claims, damages, demands, judgments, liabilities, bsses, vests and expenses (inchxling attorneys' tees) resulting directy or indirectly from our alleged acceptance or executon of any request, direction a instruction, on the part of any individual listed as a person authorized to act on your Behan in any document provided by you to us. 7. Authority. You wig not grant anyone authority to wntluct business with us on your behalf until we have reviewed the terms of authorzaton aril have given you written acceptance. This includes auNorily suds as power of attorney or other method. Ii you have not given us the proposed aulhorizaliar for advance revlew, we may, in good lailh, honor instructions from the person you au0grized. You will not hold us responsible if someone you authorized to do business with us misapplies your money- You assume all risk of improper acts by such person. We can consider an authorization valid until we ac(uagy receive written revocation of it and have had reasonable lime to review and act upon il. ll we accept a grant of authority from you, we may revoke our acceDlarKe of that authority at any Gme at our discrelon. 8. Disputed Authority. If anyone claims ownership over furls, and we have a good lailh doubt about whether to rewgn¢e the claim, we can hold some or all of Itte balance until the claim is resolved. We can interplead some or all of the balartce into wort or take other aclbn to determine ownership. 9. Transfers and Assignments. You cannot assign or transfer an inleresl in your Clearng Account unless we agree in wrihng. Your sracessors aril assigns are bound by this agreement. Any actual a purported assignment of the Clearing Acwunt remains subject to our right of setoff. 10. Withdrawal of Funds. Company understands aril agrees that this Clearing Acwunt has been opened exclusively br the remote deposit o1 Items by Company in acwrdarxx with the Item Processing Agreement (and this Agreement is a part thereoQ. As a clearing account, Company has no dghl to withdraw funds from this Clearing Account Bank, in acwrdance with Company s board resolution, has the sole authority to withdraw funds Irom this Clearing Account. Bank shall transfer funds remotely deposited to the Clearing Account to the Desgnated Account in acwrdance with the proveions of ttre Item Processing Agreement. t i. Non•Sufficient Funds. When you do not have enough available funds in your Clearing Acwunl to rover a debit, we wnsider the debit anon-sufficenl funds Item. You ~ no! expel any ratite of an overdraft beyond any normal periodic statement- It your Clearing Account balance is rat sufficient to pay a debit, we charge you a tee. Furls in your Clearing Account are not available A we delertnine That they are subject to a hold, dispute or legal process That prevents their withdrawal. tf Nere is an overdraft, you agree that to repay the overdraft, we may deduct the amount Irom your Clearing Acwunt including any subsequent deposits and cretlds without regal to the source of the deposits or credits. You also agree to pay alt wllectlon vests and reasonable attorneys' tees. 12. Closing Account. We may cbse your Clearing Account at any time, with or without cause. You may only request that this Clearing Account be cbsed in wnjunclion with termination of the Item Processing Agreement We may dose it without wiice to you if we reasonably believe ii will prevent bss to us or you have violated this Agreement or the Item Processing Agreement You wig pay any fees and vests for cbsing the Clearing Account, as well as any outstanding Items. Our rights and your oWigahons survive any cbsing of the Clearing Account or cancellation of this Agmement. At our discetion, we have the authorty to pay a debit entry Initiated by us after the closing of your Clearing ACCOUnI. 13. Wire Transfers and Automated Clearing House (ACH) Transactions. Ths Agreement is subject to Article 4A of the Uniform Commercial Code -Funds Transfers as adopted by the state of Iginols. Il we originate a wire Transfer Irom your Clearing Acwunt or you receive a wire Uansler, you agree that Fedwire may be usetl. Federal Reserve Board Regulation J u the law that covers transactons made over Fedwire. You agree Nat we are not required to ratity you of any inwming mre Uansler or other electronic transfer of funds in Ne Acwunt. You agree that any notice of such a transfer That we may give you shall not impose any Bury on us to notify you of any other such transfer. If you are a party to an Automated Clearing House (ACH) entry, you agree to be bouts by the rules and regulations of the National Automated Clearing House Association (NACHA) Operating Rules, Rules of any bcal ACH, and the rules of any other system through which Ute entry is made. Provisional Payment Credit we give you with respect to an ACH aedil r niry is provisional until we receive the final settlement for [hat entry through a Federal Reserve Bank. If we do rot receive final se[ttement, you agree that we are entitled to a refund of the amount credited to you in wnneclion with the entry, and that we may exercise our option to revers; the creditor require that you reimburse us by way of direct payment © Copyright iStream Imaging° 2006 Notice of Receipt. Under the epera6ng rules of NACHA, which are applicable to ACH transactions involving your Clearing Aaount we are not required to give next day notice of receipt of an ACH Item and we will aol do so However, we will continue to rabfy you of the receipt of payments in the periodic statements we provide to you. 14. Statements. We wi4 provide you with a periodic sWtemen! shovnng the Clearing Account activity. Unless you have requested to receive such statement by regular mail or otherwise (which may incur an additional lee), we will send the Clearing Account statement to Ute elecUnic maa address in our records for you, and you are considered to have received the statements upon mailing, whether or rrol you actually receive them. f1 you have asked us to hold your statement, you are considered to have received the statement when we make H available for you Io pick up. You mull examine your Clearing Account statement immediately upon receipt of the statement or alter It is otherwise made available to you. If you discover {or reasonably should have discovered) any unauthorized payments, alterations, eners, or Items That are otherwise rot properly payable, you must promptly rrolily us in writing of the relevant facts. 11 you tail to examine your statement and nofiry us, we will not be responsible for any bss suffered by you. The bss could be not only with respect to Items on U>E statement but also includes other Items forged or aNered by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but that such time will not, in any circumstance, exceed a total of thirty (30) days from when Hre statement is first made available to you. Vou fudher agree that H you fall ro repoR any unauttarized withdrawals, Items That are not otherwise propedy payable, or errors in your Clearing Account within sixty (60) days of when we make the statement available, you cannot assert a daim against us on arty Item(s) in a described on that statement, and the loss volt be entirely yours. This sixty (GO) day limitation is without regaM to whether we exercised ordinary care. The Fmifation in this paragraph is in addition to that contained in the Insl paragraph of this section. If you do not receive a statement from us, A is your responsibility to advise us that you did not receive a statement tt you do rat receive a statement from us because you have failed b daim H a have supplied us with an irxprrecl address, we may slop sending your statements until you spedfx;ally make written request That we resume sending your statements after you supply us with a proper address. You shall not institute any legal poceedrng or actbn against us la any daim which you may have regarding any such errors, discrepancies or irregularities, induding, but not kmited to those listed above unless a) you have given the written notice described above, and b) such legal proceeding or action has been commenced within one year alter the date when such Statement or advice was mailed or made available to you. 15. Notice. The notice terms and requkemenls of the Item Processing Agreement will apply !o notices under Ihls Agreement You will polity us Immediately of any change in your name, address, electronic mail address, telepfane nwnber, facsimile number, a taxpayer identification number. 16. Fees and Service Charges. We have given you disdosures explaining applicable transaction Hmils and fees. You agree That our lees and charges need not be based upon the cost of providing the service or atlminislering the event b which Hre lee or charge Is assoclal~, but may be based on other considerations such as the expense of providing account services, generally similar charges of other Hnancial institutions with which we compete, revenues to the bank, and the deterrence of abuse of an account You agree to pay us and are responsible for any fees and charges provided in any agreement for banking services connected with NIS Clearing Account. You agree That we may amend any fees applicable to this Clearing Account from lime to time and you agree to be bound thereby. We may deduct fees and other amounts you owe us under this Agreement from any o1 your accounts with us at any time without prig notice of any deductions. ft there are not enough funds in your accounts to cover the fees and ether amounts you owe us, we may overdraw your accounts. You agree to pay us immedialety all amounts you owe us. 17. Expenses. You wHl pay any expenses we incur in good faith related to This Agreement, such as lees on Items sent for collecbon, and unreimbursed research and copying tees when someone requires records about our relationship, and attorneys' lees vre Incur in good faith because of concerns about the Clearing Account, whether or not lil'galion has begun, including such tees through Idol and all appeals, plus court costs. You also agree to pay any expenses that we incur, including attorneys' lees in responding to any Subpoena, writ, government agency or judicial order, search warrant, or other order, which we may be required to respond to regarding your Clearing Account or your relationship with us. 18. Recording. You give us permission to record your communicatons with us. If you authorize someone to do business with us on your behaH, such as by power of attorney, you will be responsible for obtaining their permission to our necordug tlreir communications with us 19. Credit Report You authorize us to obtain repoRs about you periodically Irom organizations such as consumer reporting agencies, check reporting services, and other credit reporting en66es, and to provide them Inlamatbn Lale paymeMS, missed payments, or other defaults on your Clearing Account may be retlected'm your credit report. 20. Amendments and Alterations. Notice wHl be given to you it we change the terms of this Agreement at any bme by mailing notice to your address stawn on our records. by including a ratite with or on your statement, by posting a police o1 any such charges al our main office, or by whatever notice requirements That may be required by law. If you use the Clearing Aaount crier the effective date of a change, that indicates your acceptarve of the charges. 21. Delisting. If any of your shares or other equity interests are, or ever become, listed for Vading on any securities exchange or the National Association of Securities Dealers Automated Quotation (NASDAQ} system, you will notify us immediately in writing upon their delisUng or suspension of trading- 22. No Waiver. You understand and agree that ra delay or failure on our part to exercise any right, remedy, power or privilege available to us under this Agreement shall affect or preclude our future exerdse o1 that right, rerrady, power a privilege. 23. Our RigtHS. You agree That our rights under This Agreement are cumulative, not exclusive. We may exercise any of them without giving up the right to exercise others. Where permissible by law, Bank has the right to delegate any of its responsibilities under this agreement to a third party of its choosing. 24. Severability. If any of the ~rrns of this Agreement wnHicls with applicable law and are declared to be invalid and uneMOrceabte, those terms will be ineffedive to the extent of the congid and the applicable law will gorem. The remaining provisions wiN remain unaffected. 25. Force Majeure We shall not be liable for any bss a damage to you caused by our failure to provide any service or delay in providing such service resuriing from an act of God, act of governmental authority, legal constraint, war, terrorism, fire, catastrophe, ar electrical corrpWer, mechanical or (elecommunlcatbns IaHure, a faikrre of any agent or rbrrespondent a any other cause beyond our conUol. 26. lJatiifdy. You agree that: IN NO EVENT SHALL BANK BE LIABLE 70 COMPANY OR ANY OTHER PARTY DEALING THROUGH OR WIT}1 COMPANY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN tF BANK HAS KNOWLEDGE OF THE EXISTENCE OF THE PARTICULAR CIRCUMSTANCES GIVING RISE TO CONSEQUENTIAL DAMAGES. 27. Indemnification. You will indemnify us against, an6 hold us harmless Iran, arty and all bsses, damages, costs, and attorney tees Nat we incur because of your failure to abide by any of the terms of this Agreement 28. ARBITRATION OF DISPUTES. You and we agree that Hte transactions in your Cleaze+g Aarount Involve commerce' under the Federal Arbitration Act ('FAA. ANY CONTROVERSY OR CLAIM BETWEEN YOU AND US, OR BETWEEN YOU AND ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED ENT1TfES, THAT AR1SE$ OUT OF OR 1S RELATED TO YOUR ACCOUNT, OR ANY SERVICE RELATED TO YOUR ACCOUNT, OR ANY AGREEMENT RELATED TO YOUR ACCOUNT OR ANY SUCH SERVICE, WHETHER BASED ON CONTRACT OR IN TORT OR ANY OTHER LEGAL THEORY, INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT (COLLECTIVELY, ANY 'CLAIM'}, WILL BE SETTLED BY BINDING ARBITRATION UNDER THE FAA The arbiUation wiN be administered by Hte American ArbtUalion Association under Its Commercial Arbitration Rules ('the Arbllration Rules'). IF A CLAIM IS SUBMITTED TO ARBITRATION, (A) YOU WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL;(B) YOU WILL NOT HAVE THE RIGHT TO ENGAGE !N PRE-ARBITRATION DISCOVERY FaCCEPT AS PROVIDED IN THE RULES; {C} YOU WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE RULES OR UNDER ANY OTHER RULES OF CIVIL PROCEDURE; (D) THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO APPEAL; (E) THIS AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION ANDIOR ARBITRATK)N AGREEMENT THAT MAY EXIST BETWEEN YOU AND US. This agreement to arbitrate disputes will survive tine cbsing of your Clearing Account and tine termination of your deposes agreement wiHr us. 29. Applicable Laws, Jufsdiction, Venue and Regulations. You understand this Agreement is governed by Hte laws of the stale of Illinois and indudes, but is rat limited b the Uniform Commercial Code. Changes in these laws and regutal'ans may modiry the terms cord corrdi6ons of your Clearing Account We do not here to noty you of these changes, unless required to do so by law. You wHl not hoW us liable for anything we do or decBne 1o do based on a good Iai1h belief That H a required by law or regulation. The courts of tfte state have jtrisdicHon of any dispute b connection uviN this agreement. You agree that venue will be proper in the courts in the county and city of our office where you signed or delivered this agreement. RDA040606 © Copyright iStream Imaging 2006 ITEM PROCESSING APPLICATION FOR OFFICE USE ONLY C:[1MPANY # LOCATION # NAICS CODE: ~oooooo^ ^oo-^- ~~~o~o^ oooooo~ ^ NEW COMPANY ^ EXISTING COMPANY/NEW LOCATION ©~ ~ ~ ~ ^ COMPANY NAME ADDRESS w CONTACT NAME ~ OF LOCATIONS CITY STATE ZIP CONTACT EMAIL i PHONE FAX ( ) ( ) LOCATION NAME I LOCATION CONTACT NAME ~ LOCATION ADDRESS COUNTY M LNG ADDRESS liF anv oi~Eaerrr Faor.~ rocariorr nooRESSI • CITY STATE ZIP CITY STATE ZIP • FEDEfiAL TAX ID CONTACT EMAIL PHONE FAX ( ) ( ) • CURRENT OWNERSHIP (YEARS) DATE BUSINESS ESTABLISHED MERCHANDISEISERVICE SOLD SEASONAL BUSINESS ^ YES ^ NO TYPE OF OWNERSHIP: ^ CORPORATION ^ GOVERNMENT ^ LLC ^ SOLE PROPRIETOR ^ PARTNERSHIP ^HON-PROFIT ^ LLP NAME TITLE °~6 OWNERSHIP NAME TITLE %OWNERSHIP SOCIAL SECURITY NUMBER PHONE - - t ) SOCIAL SECURITY NUMBER PHONE - - ( ) • STREET ADDRESS STREET ADDRESS CITY STATE ZIP CITY STATE ZIP PRIMARY NAME PHONE l ) EMAIL REQUESTED USERNAME ABILITY TO ADD USERS? ^ YES ^ NO IF YES, PROVIDE LAST 5 DIGITS OF SSNN _ - NAME • ~ LEVEL OF BILLING PHONE ( ) r •~ - ^ COMPANY EMAIL ~~• ~ • •• • •• • ^ LOCATION SETTLEMENT (DEPOSITS) ABA ROUTING NUMBER DDA ACCOUNT NUMBER ALL OTHER ITEMS (RETURNS, ADJUSTMENT, FEES) (II lelt Wank, all Transactions will Net settle under the Settlement (Deposits) account.) .ABA ROUTING NUMBER DDA ACCOUNT NUMBER BANK NAME ADDRESS "' PHONE 1 ) CITY STATE ZIP FOR DISTRIBUTOR USE ONLY: CHANNEL NAME: CUSTOMER INITIALS ©iStream Imaging, 2008 Rev, 03!08 ITEM PROCESSING APPLICATION CONTINUED FOR OFFICE USE ONLY: COMPANY # ©~ ^ 4 ._ .if . t ~~ ITEM FEE - An item is a deposit batch, ADDITIONAL USERS $ 5.95NSER a re-presented or scanned item PER ITEM ~ [rworwau~eo~nrocanoNl MONTHLY ACCOUNT MAINTENANCE ST IACAT{ONONLY EPAfR PROGRAM VosE R $ !MONTH SER $ IMO/SCANNER $249 /INCIDENT REPAIR W/0 SRP ) (1 ~ ~ ' MONTHLY ACCOUNT MAINTENANCE ' CUSTOMER SERVICE CALL $3.00 First 9o days of call activity is included (ADDITIONAL LOCATIONS) $ /MONTH in the package. Alter ' RETURN ITEM I initial 90 days. 3 calls combined per PER STEM TECHNICAL SUPPORT CALL $5.00 month included in package. ' - PAPER STATEMENT MAILED $70.00 EACH MONTH (orni~r DETAIL DEPOSIT $3.00 PER DEPOSIT $.03 CENTS PAPER REPORTS FAXED $1.00 PER PAGE, $10.00 MIN up l0 50 item adjustments br items adjustments 51+ iovtrow~t SUMMARY DEPOSIT $3.00 PER DEPOSIT $.03 CEMS SUBAMOUNT & FIRST TWO FIELDS NO CHARGE up to 50 items for lams 51+ ^ CUSTOM DATA FIELDS THIRD FIELD $250 ADDITIONAL FIELDS $50 _ ^ NO STORAGE OPTION 500 ITEMS $ /MONTH • 90 DAYS (FROM DATE OF IMAGE) FOR VIEWING ONLY ^ iMATCH 50i+ ITEMS $.03/ITEM • $25 RETRIEVAL FEE PER ITEM AFTER 90 DAYS ^ OTHER _ ^ ONLINE STORAGE (7 YEARS) ~ • $.0065/ ITEM SCANNED ^ OTHER MONTHLY N OF ITEMS AVERAGE CHECK AMOUNT $ MONTHLY q OF DEPOSITS MONTHLY CHECK AMOUNT $ CONSUMER ITEMS % AVERAGE DEPOSIT $ ' • BUSINESS ffEMS % MONTHLY q OF RETURNS (MUST EOUAL T0100 % ) iRETURN (ONLINE RETURN MANAGEMENT SYSTEM) ^ AUTO RESUBMIT ELIGIBLE ITEMS ^ SEND RETURNEDlADJUSTMENT EMAIL N071FiCATION TO (CHOOSE ONE): ^ NONE ^ SUBMITTER ^ OTHER: DEFAULT ENDORSEMENT WILL READ: "FOR DEPOSIT ONLY [COMPANY NAME ON APPLICATION)" ~ " ~~ , FOA DEPOSIT ONLY [LOCATION NAME ON APPLICP ^ LOCATION NAME ENDORSEMENT WILL READ: ~ ~ ^ CUSTOMIZED ENDORSEMENT REQUESTED (3 LINES UP TO 25 CHARACTERS A LINE) ~~ ~}~ COMPANY ACCEPTANCE: TIC shove busir>ess Submil6ng This AppAcalion ("'Corrpan~ hereby accepts and agrees to Ure lenns and conditions o1 Ihis Application, the Renwta Deposit Agreement (RDA) - RDA and the IPA have been and the Nam Processing Agreement (IPA). Company represents and warrants to iStream Imaging, Inc. ('SStream~ and Bank (deNned m IPA) that (f) this App6ption, the reviewed aril are understood in entirety, (n) aN d the information provkied in and to the Applcation is true and correct, (pi) Bank and iSlream are properly authorized to awestigate the aedl of Canpany aril each pelscm 9sled on the Application, and Irv) Comparry has aulhaized the undersigned to execute Nt~ Application, N>e RDA and k>e IPA. Company spedfirxNy understands that the RDA and the IPA shaD oNy becrorne effective upon acceptarxe d Iles Application by iSiream and Basic and Car~ranys subsequent receipt of a processing denGiication rwmber from iStream. I ACKNOWLEDGE RECEIPT OF A COPY OF THE ITEM PROCESSING AGREEMENT AND THE REMOTE DEPOSIT AGREEMENT. NAME AND TITLE SIGNATURE DATE X SIGNER'S EMAIL ADDRESS: I HEREBY VERIFY THAT THIS APPLICATION HAS BEEN REVIEWED AND EXECUTED BY COMPANY AND THAT I PHYSICALLY INSPECTED THE BUSINESS PREMISES OF THE COMPANY AT THIS ADDRESS AND THE lNFORMATiON STATED ABOVE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. VERIFIED AND INSPECTED BY: PRINT NAME OF SALES REPRESENTATIVE SIGNATURE DATE X ©iStream Imaging, 2008 Rev, 03/08 ITEM PROCESSING AGREEMENT This Item Processing Agreement ("Agreement"} is made by and between Kenney Bank and Trust, an Illinois chartered bank located at Route 54 and Jordan Street, Kenney, IL 61749 ("Bank"), iStream Imaging®, Inc., located at 13555 Bishop's Court, Suite 102, Brookfield, WI 53005 ("iStream"), and the company authorizing this Agreement as identified on the respective Item Processing Application ("Company"), eNective as of the date provided in Section 1., below. Recitals: A. Whereas, Company desires to remotely deposit checks, other items and Automated Clearing House ("ACH") entries (individually or collectively, "Item(s)") to be processed electronically and/or via the ACH system by Bank and iStream; and, B. Whereas, Bank and i5tream desire to provide remote deposit capabilities to Company so that it may remotely deposit Items and/or initiate electronic debit entries; C. Now, Therefore, in consideration of the mutual promises and covenants and other valuable consideration, Company, Bank and iStream agree as follows: Terms and Conditions 1. Acceptance, Effective Date and Start of Services. Upon receipt of Company's fully completed Item Processing Application ("Application"), Bank and iStream shall determine whether to accept the Application and provide the products and services requested by Company therein ("Services"). If Company's Application is accepted, Company will be notified through an electronic notice and will be assigned a processing identification number. The date on which Company receives the electronic acceptance notice will be the effective date of this Agreement ("EHective Date'"). Bank shall then establish a remote deposit Clearing Account for Company through which all Accepted Files (defined in Section 4) shall be processed and settled. As the final step in setting up Services, Customer must log-in to iStn:am's website and read and accept the End User License Agreement ("EUL.A") for the software related to the Services ("Software"). If the EULA is accepted, Company may download the Software and, upon successful installation and testing, may begin to receive Services. By signing this Agreement, Company acknowledges receipt during the application process of the terms and conditions of the Remote Deposit Agreement for the Clearing Account which, along with the Application and EULA are incorporated herein by reference and made a part of this Agreement. Any originatian of ACH entries shalt also require execution of the ACH Addendum to this Agreement. 2. Receipt, Scanning and Transmission of Items.Company shall undertake prudent measures designed to verify the identity of individuals issuing Items to Company. Such Items shall then be scanned and transmuted under this Agreement in compliance with the then current version of the online procedure manual available on iStream's website ("Procedures") and the Laws and Rules (defined in Section 15). Scanning shall capture the image of the front and back of each Item ("Image'. Files of Item Images {"Image File"} or batched ACH data or entries ("ACH File") (individually or collectively, a "File") that are transmitted to Bank and iStream on any given day shall not exceed the dollar Eimit established For Company by Bank and iStream. Files that are not transmitted in accordance with the Procedures or which are received after Bank's established cut-off time may be deemed to have been received on the business day following the business day on which the Files are actually received by Bank and iStream. After transmitting Files, Company may elect to print a report detailing the transmitted File ("Deposit Report"). Terms affecting the processing and funds availability of Items are as provided on the Deposit Report and elsewhere in this Agreement. 3. Prohibited Deposits. Company agrees that it will not transmit for deposit any Item that (i) is issued by Company or any affiliate and drawn on an account of Company or any affiliate, (ii) is in violation of the Laws or Rules, (ii) Company suspects or should know to be fraudulent or not authorized by the Legal owner of the account on which the check is drawn, or (iv) is a foreign Item drawn on a financial institution that is located outside of the Untied States or Territories of the United States. 4. Receipt and Deposit of Files. Upon receipt of a transmitted File, the File will be reviewed by Bank and/or iStream. Images in a File must be of such quality that the information on the Item can clearly be read by sight review. If Bank or iStream notes an error in a File, it may either reject the entire File or correct the error. Following review, if Bank and iStream determine that a File (i} is of appropriate Image quality, (ii) is balanced and appears to contain no errors, and (iii) has been created in compliance with the Procedures, Bank and iStream shall accept such File ("Accepted File") for deposit to the Clearing Account. File acceptance shall be indicated by the posting of the File contents to the Clearing Account. Company, but not Bank or iStream, shall remain liable for any File or Item that (i) is not actually received by Bank and iStream, and (ii) is intercepted or altered by an unauthorized third party. Bank and iStream shalt have no obligation to accept a File and may reject any File without liability therefor. Bank or iStream shall solely deterrnine the manner in which Items wilt be presented for payment to the drawee bank and shall solely select the clearing agents used to cotlec! and present the Items. Selection of such Gearing agents shall be considered to have been designated by Company and neither Bank nor iStream shall be liable for the negligence or delay of any clearing agent. 5. Returned Items. If Images of Items previously deposited by Company are dishonored and returned unpaid by the drawee bank, Company understands and agrees that the original Item will not be returned and Bank may charge back an Image of the Item to the Clearing Account. Dishonored Items are the sole responsibility of Company. Company may request that Bank process returned Items according to Company's written instructions ("Special Instructions. Changes to Special Instructions shall not become eNective until acknowledged and accepted by Bank. Notwithstanding the foregoing, Bank has no obligation to re-present any returned Clem and may choose to disregard the Special Instructions at any time and charge a returned Item back to the Clearing Account. Following initial presentment or any re-presentment of an Item under this Agreement, if such Item remains unpaid, Company shall be notified and neither Bank nor iStream shall have any further liability to Company for such re-presented Item. In no event vviil Bank re-present an Item in excess of the limit established or permitted by the Laws and Rules. 6. Availability of Funds and Holds. Remotely deposited Items are "non-local" items as defined in Federal Reserve Board Regulation CC. Despite this tact, Bank shall grant provisional credit to the Clearing Account for the total amount of an Accepted File in accordance with prudent business timeirames as permitted by law. Company authorizes Bank to place a hold on funds in the Clearing Account if, after performing risk management activities on Items in a File, Bank has concerns about or doubts the validity or collectibitity of an Item. 7. Retention and Destruction of Original Items. Appropriate security measures shall be taken by Company to ensure that an original Item {i) can only be accessed by authorized personnel, (ii) will not be duplicated, (iii) will be scanned only one time, (iv) will not be otherwise deposited or negotiated in any form with another bank, credit union or other entity if it has been scanned and accepted for processing, and (v) is secured so that the information contained on the original Item is not improperly disclosed. Original Items must be securely stored for a period of at least fourteen (14) days after posting to the Clearing Account. Thereafter, retention and destruction of original Items and copies shall be determined by Company in compliance with the Laws and Rules. 8. Fees antl Other Charges. Company will pay Bank and iStream (i) applicable tees for Services, forms or equipment in accordance with the Application, (ii) licensing and other third party fees and assessments that are passed through to Company, and (iii) any applicable additional ancillary and pass- through fees and assessments related to the Services, forms or equipment provided under this Agreement (collectively, "Fees"). Fees will be calculated and debited from the Clearing Account, or as otherwise provided herein. Bank and iStream may revise the Fees from time to time. Company shall pay all taxes and other charges imposed by any governmental authority on the Services. 9. Miscellaneous Issues. A. Storaoe of Information. iStream shall store and retain imaged documents accepted trom Company according to iStream's established methods and pursuant to the available storage options (if any) selected by Company. Company shall pay the applicable Fee listed in Pricing Schedule A for any such stage services received. B. Risk Parameters. Any Item or File activity that falls beyond the risk parameters established by iStream and Bank will constitute a breach of this Agreement. In such event, Company authorizes additional actions as iStream and Bank deem necessary, including, but not limited to, suspension of any Services provided under this Agreement or creation or maintenance of a Reserve Account in accordance with this Agreement. C. System Capabilities Scanners. Company understands that if it's computer system and internet connectivity does not comply with the minimum recommendations of iStream, Services might not perform in an optimal manner. Since Item scanners must be compatible with the Software, Company shall purchase, lease or rent all necessary scanners from iStream pursuant to a separate agreement. D. Equipment Security and Maintenance. Company must comply with the minimum requirements for network security contained in the Procedures or shall not receive Services. This includes using effective anti-virus programs, promptly installing security patches, protecting passwords and otherwise properly maintaining its computer equipment and system requirements necessary to receive Services. These are minimum requirements only, and Company will likely need to do more to comply with their responsibility to maintain their respective network security. Notwithstanding the foregoing and the provisions of the Procedures, Company shall always be ultimately liable on an ongoing basis for determining what measures are necessary to adequately secure their respective computer system and for maintaining the security of its computer system and the information stored on or sent from its computer system, whether an actual or potential compromise is known or unknown. Neither Bank nor iStream shall be liable to Company, in any manner whatsoever, for any type of errors, losses, damages or other claims due or related to any failure by Company to maintain their respective network security. To help maintain its network security, in addition to prudent day to day security procedures and periodic examinations by slate and federal regulators, iStream shall perform an annual risk assessment and external third party security review. iStream and Bank shall at al! times comply with any laws and regulations governing the public disclosure of such reviews. E. Financial Information. Company authorizes {i) Bank and iStream to make any credit inquiries they consider necessary to review the acceptance and continuation of this Agreement, and (ii) credit reporting agency to provide information to the requesting party. If necessary to make credit inquiries as to a Company owner or affiliate, Company shall promptly obtain authorization for Bank and iStream to do so. Company will provide Bank and iStream with financial information as requested from time to lime and, within 60 days after the end of each fiscal year, will furnish to Bank and iStream a financial statement of profit and loss and a balance sheet as of the end of the fiscal year. F. Services From Others. A third party may be providing services, special equipment or software to assist Company in processing Items, Files and other business transactions, incuding authorizations and settlements, or accounting functions hereunder ("Third Party"). Company (i) agrees any Third Party is acting as Company's agent in the delivery of Items and Files to Bank and iStream, and (ii) agrees to assume full responsibility and liability for any failure of a Third Party to comply with the Laws, Rules or this Agreement. Bank and iStream will not be liable for any losses or additional costs incurred by Company as a result of any error by a Third Party or a malfunction of equipment provided by a Third Party. G. Notice o(Change. If changes occur to information in the Application, Company shall provide written notice to Bank and iStream not later than 5 business days prior to the change. If Bank or iStream request updated information from Company, such updated information shall be provided within 5 days of the request. Bank and iStream reserve the right to re-price or terminate Services to Company based on changes to the information provided in the Application. 10. Accounts. A. Clearing Account. Company acknowledges that in order to receive Services, it shall establish a remote deposit Clearing Account at Bank ("Clearing Account") vfiich shall be subject to the terms of the Remote Deposit Agreement. All Accepted Files shall be deposited into the Clearing Account for processing and settlement. B. ~e~fpnated Account. Company will establish and maintain one or more commercial demand deposit accounts to facilitate payment of available funds from the Clearing Account ("Designated Account"). If the Designated Account is established at a financial institution other than Bank, Company shall provide Bank with ever-current account information. If the Designated Account is changed, Company shall provide at least 10 days advance written notice to Bank and any Company obligations and authorizations as to the former Designated Account shall continue forward to the new Designated Account. Unless delays result due to the clearing agent, funds from Accepted Files shall be transferred in such a manner and timeframe that Company shall receive the transferred funds, in Bank's sole discretion, by fhe opening of the second business day following the business day on which Bank accepted the respective Files, or, at the time that the provisional credit in the Clearing Account becomes final. Bank is authorized to initiate debiVcredit entries to the Designated Account, or any other account maintained by Company, in accordance with this Agreement. Company authorizes Bank to debit the Designated Account via ACH for any amounts Company owes or must repay !o Bank or iStream under this Agreement. Company will indemnify and hold Bank and iStream harmless for any action Bank takes against the Designated Account. Company will also indemnify and hold harmless any other depository institution at which Company maintains its Designated Account for acting in accordance with any instruction from Bank regarding the Designated Account. C. Reserve Account. Company or Bank shall establish and maintain for Company anon-interest bearing deposit account at Bank ("Reserve Account"} initially or at any time in the future in an amount determined by Bank if Bank and iStream detemrine in good faith that a reserve is reasonably necessary to protect their interests. Bank may deposit to this account incoming funds from processed Items and amounts it would otherwise be abligated to pay Company and Bank will have sole control of the Reserve Account. 11. Security Interest; Recoupment and Set-Off. A. Security Interest. This Agreement will constitute a security agreement under the Uniform Commercial Code. Company grants Bank a security interest in and lien upon: (i) all funds at any time in the Clearing Account, Designated Account or any Reserve Account, (ii) future File proceeds, and (iii) aN Company's rights to other accounts or items relating to this Agreement incuding, without limitation, all rights to receive any payments or credits under this Agreement (collectively, the `Secured Assets"). Upon request of Bank, Company will execute one or more financing statements or ocher documents to evidence this security interest. Company represents and warrants that no other person or entity has or will be granted a security interest in the Secured Assets without Bank's prior written consent. These security interests and liens will secure all of Company's obligations under this Agreement and other agreements referenced herein. This security interest may be exercised by Bank without notice or demand of any kind by making an immediate withdrawal or freezing the secured assets in the Clearing Account, Designated Account, Reserve Account, or any other applicable account. Bank will have all rights afforded under the Uniform Commercial Code, any other applicable law and in equity. 8. Recoupment and Set Off. Bank and iStream shall each have the rights of necoupment and set-off as specified in this Agreement and they are authorized by Company to offset any outstanding or uncollected amounts owed by Company under this or any other agreement from: (i) any amounts in the Designated. Account and Reserve Account, (ii) any amounts chat Bank or iStream would otherwise be obligated to deposit into the Clearing Account or Designated Account, and (iii) any other amounts Bank or iStream may owe Company under this Agreement or any other agreement. 12. Indemnification, Limitation of Liability. A. Indemnification tri Company. In addition to other indemnification and liability provisions elsewhere in this Agreement, Company will be liable for, hold harmless, and will indemnify Bank and iStream, and their employees and agents from and against all Gaims of any sort by third parties or others arising out of this Agreement, including all losses and expenses insured by each of Bank and iStream due to the failure of Company to report required changes, transmission of incorrect data or Files, prevent a breach in their respective computer systems or in information stored on or sent from such systems}, whether the item or event causing the breach was known or unknown, or to maintain compliance with the Laws and Rules. Notwithstanding anything to the contrary herein, Company agrees to indemnify Bank and iStream for the amount of any returns or other losses that are incurred by Sank or iStream that relate to Items Company submits for processing. B. Limitation of Liability. Neither Bank nor iStream shall be liable for any claims, acts, omissions or delays of any third party that relate to this Agreement. The liability, if any, of Bank and iStream hereunder for any claims, costs, damages, losses and expenses for which either may be legally liable, whether arising in negligence or other tort, contract, or otherwise, vuill not exceed in the aggregate the amount of Fees paid by Company over the previous 3 month period, calculated #rom the date the liability accrued. In performing Services, Bank and iStream shall be liable only for their gross negligence in performing those Services. in no event will Bank, iStream, or their agents, officers, directors or employees be liable for any punitive, special, consequential or indirect losses or damages. C. Performance. Bank and iStream will be responsible for performing only those Services expressly provided for in this Agreement,. Bank and iStream make no other warranty, express or implied, regarding the Services, and nothing contained in the Agreement will constitute such a warranty. BANK AND (STREAM DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In conjunction with Section 12.B., neither Bank nor iStream will be liable for any damages or other losses, or failure or delay in their performance of this Agreement if such damages, losses, failure or delay arises out of (i) any third party patent claims, (ii) any losses or damages resulting from a breach in the security of Company's network security by whatever means, or (iii) causes beyond their control and without their fault or negligence. 13. Warranties of Company. Company represents and warrants the following to Bank and iStream: (i) Company shall only deposit Items that are authorized by this Agreement and the Remote Deposit Agreement, (ii) Company will not create duplicate Images of Items, transmit a duplicate Image or File, and deposit or otherwise negotiate the original Item from which an Image was created, (iii) No subsequent transferee, including but not limited to Bank, a collecting or retuming bank, drawer, drawee, payee or endorser, will be asked to pay the original Item from which an Image was created or duplication made (whether paper or electronic), (iv) No subsequent transferees of an Item, including but not limited to Bank, a collecting or retuming bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that an Image of an {tern was presented for payment or returned instead of the original Item, (v) All information contained in the Application or any other document submitted to Bank and iStream is true, complete and properly reFlects the business, financial condition, and principal partners, owners, or officers of Company throughout the term of this Agreement, (vi) Company is not engaged or affiliated with any businesses, products or methods of selling other than those set forth on the Application, except as any such change has been noticed to Bank and iStream in compliance with Section 9.G., (vii) Company and the person signing this Agreement have the power to execute and perform obligations of Company under this Agreement and this Agreement will not violate any law, or conFlict with any other agreement to which Company is subject, (viii) There is no action, suit or proceeding pending or to Company's knowledge threatened which if decided adversely would impair Company's ability to carry on its business substantially as now conducted or which would adversely affect Company's financial condition or operations, (ix) All Items and business transactions of Company are bona fide and Company conducts its business and submits Items and Files in compliance with the Laws and Rules. Files and Items submitted to iStream or Bank do not contain computer viruses or other harmful, intrusive, or invasive codes and Company maintains its computer system in compliance with the Procedures, and (x) Company agrees to indemnify and hold Bank and iStream harmless from and against any and all claims, losses, liability, costs, and expenses (including, without limitation, reasonable attorneys' fees) arising from the breach of any of Company's warranties, representations or obligations under this Agreement. 14. Term and Termination. A. Term. This Agreement will remain in effect for a period of 3 years from the Effective Date ("Initial Term") and will automatically renew for successive 3 year terms (each a "Renewal Term"), unless another term period is agreed among Company, Bank and iStream, or unless terminated as set forth below. B. Termination. 1. Without Cause. The Agreement may be terminated by either party to be effective at the end of the Initial Term or any Renewal Term by giving written notice of intent not to renew to the other party at least 90 days before the end of the then-current term. This Agreement may be terminated by Bank or iStream at any time upon 30 days prior notice to Company. If this Agreement is terminated by Company other than as permitted in this Section 14.B., the provisions of Secticn 14.E2. shall apply. 2. With Cause. The party not in default may terminate this Agreement immediately upon the occurrence of an Event of Default (defined below). Notice of termination may be given orally or in writing, at the discretion of Bank and iStream. Termination will be effective on the date specified in such notice and, except for a termination by Company due to an Event of Default by Bank or iStream, the provisions of Section 14.E.2. shall apply. C. Events of Default. The following wit{ each individually constitute an Event of Default: 1. Exceedino Risk Parameters. The occurrence of any Item or File activity that fags beyond the risk parameters established by Bank and iStream. 2. Nonoayment. Company faits to pay any amount owed to Bank andlor iStream. 3. Adverse Finandal Condition. Company's financial condition changes adversely. 4. Garnishment. Company's deposit accounts with Bank, the Designated Account, the Clearing Account or any of Company's property or other accounts in the possession of Bank is garnished or attadied. 5. Asset As~ynment. Company assigns Rs assets generally for Fhe benefit of creditors. 6. Bankruatcv. A proceeding is commenced by or against Company under any bankruptcy, insolvency or similar law seeking an order to adjudicate Company as bankrupt or insolvent or other relief with respect to Company or its debts, or seeking appointment of a receiver or similar official for Company or for any substantial part of Company's assets. 7. Breach. A party fails to perform a material obligation of this Agreement, and such failure continues for a period of 15 days after the breaching party receives written notice of the breach. 8. False Representation. Any representation and warranty by Company is or becomes false or misleading in any material respect as o(the date made or at any time during the term of this Agreement. 9. Fraud. A reasonable determination by Bank or iStream that fraud is occurring, including any attempt by Company to obtain duplicate payments on a single Item. 10. laws and Rules. Company's violation of the Laws or Rules. D. Action upon an_,,,s~vent of Default. Upon the occurrence of an Event of Default by Company, Bank and iStream may take one or more of the following actions: (i) suspend Services io Company and terminate this Agreement as provided in Section 14.8.2., (ii) create a Reserve Account, or (iii) implement any other reasonable action deemed necessary by Bank and iStream to protect their interests. E. Action upon Termination. 1. Amounts. Company (a) must maintain in the Designated Account and any Reserve Account enough funds to cover all Items for which provisional credit was given by Bank, and alt Fees and other amounts for which Company is liable, for a period of 180 days, and (b) authorizes Bank to charge such accounts, or any other account maintained under this Agreement, for all such amounts. All of Company's obligations regarding Items and Files will survive termination and Company wilt remain liable to Bank and iStream for all liabilities occurring beyond such 180 day period. If the amount in the Designated Account and any Reserve Account is not adequate, Company wit{ pay, upon demand, any amount owing to Bank or iStream, as the case may be, together with all costs and expenses incurred to collect such amount. 2. Earfy Termination. For terminations to which this Section 14.E.2. applies, this Agreement may be terminated on a specified date prior to the end of the Initial Term or any Renewal Term ("Early Termination") and Company shall immediately pay the following amounts to iStream and Bank: (a) all Fees owed by Company but not paid up to the Eady Termination; (b) any current termination, deconversion, or change-over Fees established by iStream; and (c) all amounts that iStream and Bank would have been entitled to receive hereunder for the remainder of the then-current Initial Term or Renewal Term, if not for the Early Termination ("Unperformed Term"). The foregoing amounts include all fixed, monthly, or annual Fees hereunder, as well as any minimum required Fees ("Minimum Fees) applicable to the Unperformed Term; provided, however, that if no Minimum Fees are included in this Agreement, then the amount owed by Company under Section 14.E.2.(c) shall be calculated by multiplying the number of months remaining in the Unperformed Term by the average monthly Fees diarged to Company during the six (6) months preceding Eady Termination (or any such shorter time elapsed since the start of Services). Company agrees that the Early Termination charges set forth above are not a penalty, but rather are reasonable in tight of the financal harm that Bank and iStream would incur due to an Early Termination of Company. 15. Compilance with Laws and Rules. Company agrees to comply with all applicable federal, state, and local laws, rules, regulations and Operating Circulars ("Laws' and with (i) all applicable rules and operating guidelines issued by the National Automated Clearing House Assodation (NACt-1A) or other Bearing agent and (ii) any policies and procedures, including the Procedures, provided from time to time by Bank or iStream (collectively, the "Rules"). The Lav,S and Rules are incorporated into this Agreement by reference as if they were fully set forth herein. Company will be responsible for knowing the requirements of the applicable Laws and Rules, and will assist Bank and iStream in complying with Laws and Rules applicable to any Item, File, or this Agreement. Company shall be liable for the amount of any fines and/or liabilities assessed against Bank for any violation of the Laws or Rules that are due to the acts or omissions of Company or any other third party providing services to Company that in any way relate to Services under this Agreement. 16. Use of Trademarks; Confidentiality. Company may not use the name or trademarks of Bank or iStream without the express written consent of the trademark owner and shall not indicate, directly, indirectly, that either Bank or iStream endorse, or are connected in any way with, Company. if Bank or iStream receive any protected or confidential healthcare or financial information from Company during the course of providing services under this Agreement, the receiving party shall not use or disclose such information other than as permitted by law or to maintain data bases for the provision of Services. 17. General Provisions. A. Entire Agreement; Governing Law. This Agreement, the Application, and other agreements or documents referenced herein, constitute the entire agreement between the parties, and all prior or other agreements or representations, written or oral, are superseded by this Agreement. The laws of the State of Wisconsin shall govern this Agreement and proper venue for any dispute arising from this Agreement shall be in any state or federal court in Milwaukee or Waukesha County, Wisconsin. B. AssgnabiliN. This Agreement may be assigned by Bank or iStream v~ithoul the permission of Company. Company may assign this Agreement directly or by operation of law with the prior written consent of Bank and iStream. C. Notices. Bank and iStream shall send written notices and communications to Company at the last address (electronic or regular mail) that Company provided to the other parties in writing. Company shall provide vvritten notices and communications to iStream and Bank at the address then-currently specified in the Procedures. Any written notice under this Agreement will be deemed given upon the earlier of: (i} actual receipt indicated by confirmation receipt if by facsimile, United States mail, private courier, or electronic mail, or (ii) five days after being deposited in the United States mail, and addressed to the Company at the last address shown on the records of Bartk and iStream; or to Bank and iStream as provided in the Procedures. If written notice is not otherwise required, Bank or iStream may provide a notice verbally to Company, effective upon receipt or as otherwise specified, if followed up with a written confirmation notice. D. Amendments; Changes to Fees. Bank and iStream may propose amendments or additions to this Agreement. Company will be notified of any such proposed amendment or addition via a periodic statement or other form of written notice. Company will be deemed to have agreed to the change if Company continues to present items or Files for processing after 2 days following the time at which notice is deemed given per Section 17.C. Notwithstanding the previous sentence, changes to Fees that may be assessed under this Agreement wilt be effective upon notice (by any method) to Company, unless a later effective date is provided. E. Bankruptcy. Company will immediately notify Bank and iStream of any bankruptcy, receivership, insolvency or similar action initiated by or against Company or any of its principals. Company will include Bank and iStream on the list of creditors as filed with the Bankruptcy Court and failure to do so wilt be cause for immediate termination or any other action available to Bank or iStream under applicable laws or Rules. As an executory contract to make a loan, or extend other debt finanang or financial accommodations to or for the benefit of Company, this Agreement cannot be assumed or assigned under Company's bankruptcy. F. Employee Actions. Company is solely responsible for its employees' actions while in Company's employ, including assuring Company's compliance with this Agreement. G. v 1. All provisions that by their context are intended to survive termination of this Agreement will so survive, including all liability, indemnification and arbitration terms herein. H. Non-Waiver. The failure of Bank or iStream to object to or to take any affirmative action with respect to any conduct by Company which is in violation, breach, or default of the terms hereof, shall not be construed as a waiver thereof, nor of any future breach or subsequent violation, breach or default. 18. ARBITRATION OF DISPUTES. Company, Bank and iStream agree that the transactions governed by this agreement involve "commerce" under the Federal Arbitration Ad ("FAA"). Any controversy or claim between company and bank and/or islream, or between company and any of bank's and/or istream's officers, employees, agents or affiliated entities, that arises out of or is related to this agreement, or any service related to this agreement, irrespective of the legal theory, (collectively, any "ctaim~, will be settled by binding arbitration under the faa. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. Company will not have the right to go to court or to have a jury trial, engage in pre-arbitration discovery except as provided in the rules, or have any claim arbitrated as a class action. The arbitrator's decision will be final and binding with limited rights to appeal. IN WITNESS WHEREOF, by signing the Item Processing Application, Company accepts and agrees to be bound by the terms of this Agreement as of the Effective Date, under the condition that, as of the Effective Date, Company has received written notice from Bank or iStream that (i) Company's Application has been accepted and (ii) Company has been assigned a processing identification number. If this condition is not fulfilled, this Agreement shall have no force or effect on Company, iStream and Bank. Company agrees that receipt of such notice from iStream or Bank shall indicate for all purposes that iStream and Bank agree to be bound by the terms of this Agreement as of the Effective Date, without the need for the signatures of iStream and Bank as to this Agreement. !PA 1 f 1606 USA PATRIOT ACT Customer Identification NO"fICE To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verity, and record information that identities each individual or business who opens an account. What this means for you: when you open an account, we will ask for your name, ~~rlra~~ .h,p of hirth a~rl nrnar intnrmatinn chat ~e.,tB ahrnnr ..c to irlemity vnu We will also ask to see vour driver's license and/or other identifying documents. SECTION I: ^ GOVERNMENT ENTITIES ' NAME OF GOVERNMENT ENTITY: DOCUMENTATION NEEDED: ^ ARTICLES OF INCORPORATION ^ TAX DETERMINATION LETTER STREET ADDRESS: ^ THIRD PARTY VERIFICATION (Describe): CITY: STATE: ZIP: SECTION Ih BUSINESS ENTITIES (Check One) ® CORPORATION ^ !LC ^ NON PROFiT ^ PARTNERSHIP ^ LLP ^ OTHER. ALSO COMPLETE SECTION III FOR SOLE PROPRIETORS AND PARTNERSHIPS .. BUSINESS NAME: TIN: STREET ADDRESS: DOCUMENTATION NEEDED: IF TIN APPLIED FOR BUT NOT YET RECEIVED CITY: STATE: ZIP: ^ COPY OF TIN APPLICATION IF NON-US BUSINESS AND NO TIN (identity and attach one or more) MAILING ADDRESS: (IF DIFFERENT) ^ GOVERNMENT ISSUED BUSINESS LICENSE' ERNMENT ISSUED DOCUMENTATION OF EXISTENCE' _ CITY: STATE: ZIP: ^ GOV 'Each must be valid, unexpired and indicate ! D number, country of issuance and expiration date DOCUMENTATION NEEDED: (ATTACH ONE OR MORE) FILED ARTICLES OF INCORPORATIOWORGANIZATIDN ^ GOVERNMENT ISSUED BUSINESS LICENSE ^ DOCUMENTATION OF ENTITY LEGAL STATUS PARTNERSHIP DOCUMENTATIION ^ NOTARIZED RESOLUTION - SECTION III: SOLE PROPRIETORS'AND PARTNERSHIPS (Cheek One) ^ SOLE PROPRIETOR ^ PARTNERSNIP camplete for each individual and attach. additional forms it necessar . NAME: DATE OF BIRTH: TIN: STREET ADDRESS: (Residence or business: it none, APO or FPO Box) DOCUMENTATION NEEDED: IF TIN APPLIED FOR BUT NOT YET RECEIVED CITY: STATE: ZIP: ^ COPY OF TIN APPLICATION IF NON-US BUSINESS AND NO TIN (Identify and attach one or more) MAILING ADDRESS: (IF pIFFERENT) ^ PASSPORT" ^ ALIEN IDENTIFICATION CARD" ^ GOVERNMENT ISSUED DOCUMENTATION OF EXISTENCE' CITY: STATE: ZIP: ^ FOREIGN GOVERNMENT ISSUED DOCUMENT INCLUDING PHOTOGRAPH" 'Each must be vaNd, unexpired and indicate t. D. num6e~ country of issuance and expiration dale FORM OF IDENTIFICATION: (Check One) LICENSE / ID NUMBER: ^ VALID DRIVER'S LICENSE ^ STATE ID ^ MILITARY ID INDIVIDUAL MATCHES PICTURE ON LICENSElID: PLACE OF ISSUANCE: DATE OF ISSUANCE: EXPIRATION DATE: ^ YES ^ NO THE SIGNERS BELOW VERIFY THAT, TO THE BEST OF THEIR KNOWLEDGE, (i) ALL DOCUMENTS PROVIDED ARE VALID AND UNEXPIRED AND (ii) THE INFORMATION LISTED HEREIN IS TRUE, CORRECT AND WAS PERSONALLY OBSERVED ON THE DOCUMENTS (WHERE REQUIRED). NAME AND TITLE: (PLEASE PRINT) SIGNATURE: DATE: SALES REPRESENTATIVE NAME: (PLEASE PRINT) SIGNATURE: DATE: Rev. 9/05 Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. l~ I do not wish to speak, but please records my: support ^opposition Agenda Item Number: ~_ Ordinance/Resolution Number: 4•-t59 -b 7l~ Name• ~ ~ ~-~~:Lr~ W 4 ~- ~.~~- Address: f~~-c f~~a-~' ~*-~^^o~•~- City: ~ bl ~~,r~~J~ State: ~_Zip Code: 7b~3~ Telephone Number: A/7 ~6~/. - ~ I `~ Representing: 5 Q~ (organizationlselfl 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: ~~~:-~.~.L~ t~?w--~ This information is a Public Record. ~~ SPEAKER CARD Date: `i " ~ ' U `~-~- I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition ___,~ '~ Agenda Item Number: ~~ ~Qrdinanc~/Resolution Number:~~~ I n ~ ii Name: C4 Address: ~~~ ~~ /~G+/~c~,'b ~~ C'nyr~'~ State ~ Zi Code: ~~ City: ~ ~C~`~ ~(Q-- P Telephone Number: U ~ ~-~~r~lr~ Representing: (organization/ 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: .~ Date: ~S i This information is a Public Record. SPEAKER CARD ,I will speak In Support of this item. ~ j I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: Ordinance/Resolution Number:~~C~ /` Name• r~ ~ ~~t ~ ~ ~ ~' Address: ~~ /~/G C~-f ~ ~~ / ~. City: ~r' I ~r `~ Gil fl / r? State: ~_ Zip Co e: ~ ~- i Telephone Number: ~~~ ~~1 _ ~l~~Representing: (org " zation/self) 1 understand 1 am limited to speaking for five minutes. For business not liste~d on the agenda as a Public Hearing, City Council will not respond in accordance with theT~~las Open Mgpti1tgs ~~Chapter 551, of the Texas Local Government Code. Signed: This ilirovfnation is a Public Record. „tr_„ - City of Colleyville 100 Main Street `~<mJ ~" Colleyville, Texas 76034 r~,,,,_ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1716 File Number: 0-09-1716 Version: 1 Requester: Office of the City Secretary File Type: Ordinance Agenda Date: 05/05/2009 Agenda No.: 5a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Attachments: Certification of Petition to Initiate Legislation.pdf Ordinance 0-09-1716.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/05/2009 City Council Title Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Explanation First Reading and Public Hearing On April 21, 2009, a citizen petition for an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion, was filed with the City Secretary. In accordance with the City Charter, within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. At the next regular City Council meeting after the filing of such a petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Arficle 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Colleyville Page 1 Printed on 4/28/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. C~/nthialSingleton, City Secr 02'`'~ ZDD/ (Seal) D e of signing ORDINANCE 0-09-1716 AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE________ AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the Cottonbelt Railroad does have a significant impact on the community since it limits roadway interconnectivity between residential neighborhoods as there are three locations in the City of Colleyville where railroad crosses existing roads: one at Bransford Road a second at Pleasant Run Road and the third at John McCain Road and the DEIS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction of the railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT the reconstruction of the Cottonbelt for purposes of carrying commuter rail shall consist of construction of a rail bed at the City of Colleyville's three road crossings that is lowered below the surface grade so that the railway is underground and shall also consist of construction of overpasses for the three road crossings at for Bransford Road, Pleasant Run Road, and John McCain Road. Sec. 5. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT this ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716 Page5of5 The first reading and public hearing being conducted on the 5t" day of May 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3092 File Number: R-09-3092 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 05/05/2009 Agenda No.: 6a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of a request from the Blue Shoe Project for a Mass Gathering Event to be held on June 13, 2009 in the Village at Colleyville, Case GC09-006 Attachments: Event Description Event Map Resolution R-09-3092 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Approval of a request from the Blue Shoe Project for a Mass Gathering Event to be held on June 13, 2009 in the Village at Colleyville, Case GC09-006 Explanation Reading and Public Hearing The Blue Shoe Project is requesting a mass gathering permit in order to conduct a music festival to be held on Saturday, June 13, 2009 from 5:00 p.m. to 11:00 p.m. within the Village at Colleyville development. The event is expected to attract up to 5,000 persons. This will be the second year this event is to be staged in Colleyville. Last year the first annual Blue Shoe Blues Festival was also held in the Village at Colleyville and attracted approximately 3,000 people. Given the amendments to the mass gathering regulations approved by the City Council on February 17, 2009, this will be the first mass gathering permit considered by the City Council. Previously, events had been reviewed and approved by staff as part of a special event permit application. The mass gathering regulations require that the City Council consider the request for a mass gathering permit no later than 30 days prior to the event date. Upon approval by the City Council, the actual permit would then be issued by the issuing officer, which is the City Manager or her designee. Any conditions required by the City Council as part of the approval of the event would be enforced by the issuing officer prior to the event date. Event Details. The following is a summary of the event provisions: • The event stage and general festival seating will be contained in the area located between Cottage Lane, Village Lane, Veranda Lane and Main Street. City of Colleyville Page 1 Printed on 5/1/2009 Agenda Briefing Continued (R-09-3092) • The proposed street closures are: Cottage Lane between Veranda Lane and Piazza Lane; Main Street between Village Lane and Cottage Lane; Village Lane between Veranda Lane and Main Street, and; Veranda Lane between Pleasant Run and the Library, which would only be open to VIP parking patrons upon closure of the Library at 3:00 p.m. • Parking will be available at the following locations: the large parking lot located at the southwest corner of The Village (next to the Colleyville Court shopping center); parking located behind City Hall and the Library for VIP only; the former Applebee's; Chase Bank; First Baptist Church of Colleyville. The event sponsor states that they are negotiating with the owner of the Colleyville Court shopping center at 4904 Colleyville to utilize their parking lot for the festival. • The event will utilize seven off-duty Colleyville police officers: five officers will be available for crowd control and event security; and two police officers will be stationed at the intersections of SH26 and Main Street and at SH26 and Village Lane for traffic control. Traffic signs with arrows will direct attendees to available parking lots. Members of the Citizens Fire Academy Rehab Unit and Citizens on Patrol will be available on a volunteer basis to assist police and fire personnel as well as assisting with other volunteers at the event. • Setup for the festival will begin at 8:00 a.m. on June 13, 2009. • The event will utilize several food vendors, who will be required to provide to the City, copies of all required health permits from Tarrant County prior to the event. • The event will have a first aid station located at the corner of Veranda Lane and Village Lane. The event sponsor will contract with four Colleyville paramedics to man the station. The event sponsor will also be required to provide a disaster contingency plan in the event severe weather were to occur. • There will be 15 portable toilets placed at Veranda Lane and Village Lane. • Trash collection will be handled by IESI, which will provide a dumpster for the event as well as trash cans placed around the event area. • Up to 15 tents are proposed as part of the festival. Tent permits are required to be obtained from the building inspections department. • The event sponsor is requesting a general waiver to the City's sign ordinance. The event sponsor proposes to place the following signs as part of the event up to two weeks prior to the event: approximately 250 signs, 20" x 24" in size at various locations around the City; two electronic signs -one located at the intersection of John McCain at SH26 and the other located at Hall Johnson and SH26, and; two banner signs approximately 2' x 20' to be placed over Main Street and Village Lane. If the waiver is granted, temporary sign permits will be required from the building inspections department. City of Colleyville Page 2 Printed on 5/1/2009 Agenda Briefing Continued (R-09-3092) Alcohol. The event sponsor is requesting to allow the temporary sale of alcoholic beverages in conjunction with the mass gathering permit. This is allowed with City Council approval under the amendments to the mass gathering and alcoholic beverage regulations approved by the City Council on February 17, 2009. A copy of the Texas Alcoholic Beverage Commission (TABC) permit allowing the alcohol sales will be required to be filed with the City prior to the event date. Given the alcohol sales, a fenced perimeter, as required by the TABC, will be erected around the area where alcohol is to be sold. Under State law, alcohol cannot be brought into, or leave out of the fenced area. The police department has approved the use of five off-duty officers to be present within the area where alcoholic beverages are to be sold as required by the mass gathering regulations. Waivers to City codes. With the exception of the following waiver requests, the event sponsor intends to abide by the mass gathering regulations as well as all other pertinent City codes. The waivers requested are as follows: (1) Noise: Section 42-27.13(2) Noise Nuisances -Loudspeakers and Amplifiers Colleyville Code of Ordinances "The use of any stationary loudspeaker or amplifier of such intensity as to annoy and disturb persons of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any weekday between the hours of 10:30 p.m. and 7:00 a.m., or at any time on Sunday." As the event will end at 11:00 p.m., the event sponsor is requesting a waiver to allow amplified music to be played after 10:30 p.m. (2) Signs: Chapter 7 of the Land Development Code The event sponsor requests a general waiver to the entire chapter for two weeks prior to the event and 24 hours after the event in order to place/remove signs advertising the event as described above. Staff agrees with the waiver request subject to the requirement that no sign be placed to block the view of street traffic and that generally, no sign shall be placed such that public safety is threatened in any way. (3) Fees: The event sponsor is requesting that all related fees for the event be waived. These fees include the mass gathering permit fee, tent permit fees, sign permit fees and any other City fees. Costs for hiring off-duty City personnel would not be included as part of this waiver request. Insurance and Indemnification. As required by the mass gathering regulations, the applicant has purchased an insurance policy, which is intended to protect the City from any damage claims. A copy of this policy as well as an indemnification statement, also required by the mass gathering regulations, holding harmless the City for any damages must be provided to the City prior to issuance of the mass gathering permit. Financial Impact It has been determined that, as a co-sponsor, $5,000.00 is budgeted by the City for this event under the Colleyville Economic Development Corporation budget in order to promote City of Colleyville Page 3 Printed on 5/1/2009 Agenda Briefing Continued (R-09-3092) and market Colleyville and bring visitors into the City. Any money paid to the event sponsor from this budget will be upon completion of the festival on a reimbursement basis subject to the final approval of the City Manager. Recommendation Approval subject to the conditions of Resolution R-09-3092. City of Colleyville Page 4 Printed on 5/1/2009 Event Description The 2nd Annual Blue Shoe Blues Festival LOCATION: The Village at Colleyville, 62 Main Street, Colleyville, TX 76034 DATE: June 13, 2009 TIME: 5-11 p.m. PROJECTED ATTENDANCE: 5,000 ADMISSION: Free INTRODUCTION The second annual Blue Shoe Blues Fest is a live, outdoor event featuring a combination of blues performances. This event attracts 5,000 visitors to The Village at Colleyville, and it is quickly becoming a staple in the community, featuring ahigh-value experience for both residents and sponsors. An assessment of the 2008 Blue Shoe Blues Festival indicates that 60 percent of the audience lives within five miles of the event, which includes residents of Colleyville, Grapevine, Southlake, Coppell, Keller, Hurt, Euless and Bedford. An additional 20 percent of attendees live within 10 miles of the event. Proceeds benefit The Blue Shoe Project, a 501(c)(3) nonprofit charity whose mission is to educate youth about the rich culture, history and heritage of blues music through engaging programs featuring acclaimed blues musicians. To date, 50,000 students from across Texas have experienced our programs. In addition, the blues fest supports the city's economic development by bringing 5,000 visitors to The Village at Colleyville. These visitors experience Colleyville at its finest-- enjoying a fun, family friendly event while also being able to access the unique blend of upscale retail and dining options available at The Village and throughout our great city. FUNDING REQUEST The Blue Shoe Project respectfully requests a sponsorship from the City of Colleyville to support its 2"d Annual Blue Shoe Blues Fest. The Blue Shoe Project seeks assistance with the following costs associated with obtaining a mass gathering permit through the City of Colleyville: • Waiver of mass gathering permit fee • Waiver of sign permit fees • Waiver of tent permit fees for up to 15 tents TENT PERMIT The Blue Shoe Project requests that all tent permit fees be waived for up to 15 tents. PERMIT FEE The Blue Shoe Project requests a waiver of the $250 mass gathering permit fee. SPONSORSHIP RECOGNITION The Blue Shoe Project seeks to provide ahigh-value of recognition in exchange for all sponsorships. By becoming a sponsor at the $5,000 level, the City of Colleyville is named a "Blues Master." The following sponsorship summary details the level of recognition offered to the City at the Blues Master level. • Master sponsor logos will be projected onto a large screen adjacent to the stage and be shown three different times during set breaks. Live stage mention 10x10 tent with 110v power, lights, one table and two chairs (by request only) • Master sponsor logos will appear on the Blues Fest website and in electronic communications. • 8 VIP tickets to enjoy the festival with access to complimentary food, beverages, air- conditioning and private lavatories. The VIP experience will bring together influential members of the local business community for an important evening of networking and entertainment. EVENT DETAILS: I. Initial Set-Up Times: The festival set up will begin at 8 am on June 13, 2009. IL Crowd Control: The Blue Shoe Project will utilize off-duty Colleyville police officers to assist with crowed control and traffic flow. We have requested 7 police officers. A map accompanying this letter details where police will be posted. III. Parking Control: Police officers will be stationed at both traffic entrances to the Blues Fest (Village Lane & Hwy 26; Main Street & Hwy 26). Please see the attached map to view the plan for road barriers and police presence. Furthermore, traffic signs with arrows will indicate the correct direction of traffic flow to access available parking lots. IV. Street Closures: Please see the attached map to view the plan for road barriers and street closures. V. Compliance with health requirements: At this time, The Blue Shoe Project has partnered with Feedstore BBQ for food vending opportunities. Food vendors will provide the necessary permits for the Tarrant County Health Department. A source of potable water can be accessed near Main Street & Cottage Lane. VI. Plans for Emergency Services: The Blue Shoe Project will host a First Aid table at the corner of Veranda & Village Lane. The Blue Shoe Project will contract with four city paramedics to man this booth. VII. Event Security: The Blue Shoe Project has requested 7 off-duty police officers to assist with traffic flow and crowd control. VIII. Restroom Facilities: 15 temporary lavatories will be available at the corner of Village & Veranda Lane. IX. Solid Waste Collection: The Blue Shoe Project will partner with IESI for solid waste removal. IESI will provide a 30-yard dumpster for the event, as well as trash cans to station around the festival grounds. The Blue Shoe Project is also exploring options for recycling. X. Alcoholic Beverages & Identifying Minors at the Event: The Blue Shoe Project is currently seeking a temporary picnic license from the Texas Alcoholic Beverage Commission. We plan to partner with the Colleyville Lions club to staff beverage booths. All persons attempting to purchase alcohol must show ID. No persons may bring alcoholic beverages or coolers on site. Temporary fencing is being explored as an option to secure the festival area and ensure that alcohol is no alcohol is brought into or out of the festival. The Blue Shoe Project festival map details points of entry. Police presence will be required at these locations to check for coolers and outgoing alcohol. XI. Post-event Clean Up: The Blue Shoe Project and volunteers remain responsible for post- event cleanup. All signs, stage dismantling and other forms of clean up will be completed no later than 5 p.m. on June 14, 2009. Heather M. Parker Director of Development & Communications The Blue Shoe Project 817.919.2179 heatherna,blueshoeproj ect. org Euent Map `~- r v .~ ~, F ~~ c ~ ~` ~ ...A..,. } ~ ,cV-s ~ ~ c ~ '~/ V/~w/ ~ i ~._ 1 ~-~° A~NwMM L.r -Y ~, ~; ~ ~e. ....' ... t .e ~~ ~ ? _ ~ ~ M n rT. I ~ - ..~ r ~ ~ ,~ ~~ .. '~ ~ _ , qa ,, ,,,~.~ ,* .._~ .~, r: # ~. C,+ °"+ i 4x ~ ~... g "'~ ~ t" ~~ t ~ 7 ~ ~~~ ~ ~ ~ ~~~t. t~ ~. ~ ~ °1~,IZ y,~'~ ^ 46 < ~ ffi '~ ~~ ~ t. k ~,~ a ~ r ~` ~ G ~>, a ~' ~ +~ ~ c- yam. ~ ~~~ ; ~a r, ~a,~ ~ r ~~ ~ ~ rr r t [ ~' t; ~' r; ~: r' . ~ :, ~ ~ w~ ~~. -~~ ~ c ~~ v t. F-d e~ RESOLUTION R-09-3092 A RESOLUTION APPROVING A REQUEST FOR A MASS GATHERING PERMIT AND THE TEMPORARY SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION FOR THE BLUE SHOE BLUES FESTIVAL TO BE HELD ON JUNE 13, 2009 WITHIN THE VILLAGE AT COLLEYVILLE WHEREAS, The Blue Shoe Project is requesting a mass gathering permit in order to conduct a music festival to be held on Saturday, June 13, 2009 from 5:00 p.m. to 11:00 p.m. within the Village at Colleyville development; and WHEREAS, the mass gathering regulations require that the City Council consider the request for a mass gathering permit no later than 30 days prior to the event date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request for a mass gathering permit and the temporary sale of alcoholic beverages for on-premise consumption for the Blue Shoe Blues Festival to be held on June 13, 2009 within the Village at Colleyville is hereby granted subject to the following conditions: 1. There shall be no more than 5,000 attendees present for this event. 2. The event shall start at 5:00 p.m. and shall end at 11:00 p.m. on June 13, 2009. 3. The layout and location of the festival including stages, street closures, first aid stations, entry points, parking and tents shall be according to the attached Exhibit "A". 4. Setup for the festival shall begin no earlier than 8:00 a.m. on June 13, 2009. 5. The event sponsor shall provide proof of valid health permits issued by the Tarrant County Health Department to the issuing officer no later than seven days prior to the event date. 6. The event shall utilize no less than seven off-duty police officers for security and crowd control. 7. There shall be no more than 15 tents in conjunction with the festival. Resolution R-09-3092 Page 2 of 3 8. Any signs placed in conjunction with this event shall be exempt from the requirements of Chapter 7 -Sign Regulations in the Land Development Code subject to the following requirements: (a) No sign may be placed anywhere within the City prior to May 30, 2009. (b) All signs must be removed no later than 11:00 p.m. on June 14, 2009. (c) No more than 250 signs with a maximum size of four square feet may be placed advertising the event along any street. (d) A total of two (2) electronic signs advertising the event may be placed along SH26. The final location and size of these signs shall be approved by the issuing officer prior to placement of the signs. (e) A total of two (2) banner signs advertising the event with a maximum size of 2 feet by 20 feet may be placed over Village Lane and Main Street. (f) All signs advertising the event shall be placed such that the view of street traffic is not blocked and shall not pose a threat to public safety. (g) The issuing officer may remove any sign that does not meet the above provisions or, otherwise, poses a threat to the community health, safety and welfare. 9. This event shall be exempt from Section 42-27.13(2) Noise Nuisances - Loudspeakers and Amplifiers in the Colleyville Code of Ordinances subject to the event ending at 11:00 p.m. 10. Any City fees required as part of this event including, but not limited to, the mass gathering fee, tent permit fee and sign permit fee are hereby waived by this resolution. 11. This event shall adhere to all City of Colleyville code requirements, except where altered, exempted or waived herein. Resolution R-09-3092 Page 3 of 3 AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF ATTEST: AYES, NAYS AND 2009. Cynthia Singleton, TRMC, CMC City Secretary ABSTENTIONS ON CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" .~.~.~.. ..~ _ r .. -.,~~ _.... _.__.. .. ~~ ~ , 4 t~ ~~~ t. - -_ k yy~ y ` r . ~- ~ , ~~ ._ -~ R~ i' ~ y ', ;, CC Y • >~ - D. ~. ., .,~ ,, 4 . dr.... ~.. r.. ~~ .• 1 4'~/~ I:~ c~7 ~ ~~ ~~ ,.. z ~a .: a ~ -. ~ H r~ W $ -- ~~~,, a - ~ ~ ~ ~ ;. ~^,il ~ ' # s~opuon poo ~ --- !R, ~- r• ; . ~ ~~, .d ~ ,, ~ ~`" ~; ~ - Event Map w V U w ~ O ..~ ~ ~ ~ v ~ 4 G y ~ V ~ ¢ ~ ~ s . ~ ~ ~ 4 i. O L ~ ~ ~„ "C1 v ~ : ~ ~ O v a ~ ., x L. a i V {.. Q O cx a° a a Q ~ o`. #i • • ~ I ,,, " ~- ~ ~~ *~ # ~ ~ 4. • * `` ~ ~,;" ((( ;.~ .. ' * - ~ ~- ~ ~ 1 ~' ~ • * ~„~ s a~ ,~ ~. i ~ ; > ~ f f1 ~ ~ A ~ i# ~; .. ,: ` `' • a .. ~ -.~.,., _ /~'~ (LJ~ \~/ .~ ~~ ~_ U7 _ Date: " y ~~~ SPEAKER CARD `'' I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: Ordinanc~eLRg~Qiution tuber: ~ d Q ~~ .~ ___ Name: ~ ~1/'t--~ Address: ~ ~ a ~ ~~' I~ ~~nQ'~~tg ~ Cy~~ City: ~ , sZ State: ~_ Zip Code: Telephone Number: ~l z ~ ~~- 7~~,~Representing: (organizatio se . 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: ~ =~ ~ y SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. _~ I do not wish to speak, but please records my: [support ^opposition Agenda Item Number: ~ .~ OrdinancelResolution Number: R- Dpi- 3 a`~ Name: ~.~ ~c- ~.~fit'~ lJ~ m ~~~r Address: f'lo ~ l I -~~ o.>(- ~~a r t~.n©~" ~' City: ~. ~l ~~~,v i ll ~e State: ~, Zip Code: `7fcy 3 ~l Telephone Number: ~ ! 7-y~/ • Z l a3 Representing: S {'-)-{' (organizationlself) 1 understand / am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: ~i~~~~n-,~-~~ This information is a Public Record. -'~-~`., City Hall ~a'}y~ City of Colleyville 100 Main Street ~'" Colleyville, Texas 76034 ,..,..: Agenda Briefing 817.503.1000 www.col leyville.com File Number: R-09-3093 File Number: R-09-3093 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 05/05/2009 Agenda No.: 6b Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas Attachments: Certification of Petition to Initiate Legislation.pdf Resolution R-09-3093.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Approval of a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas Explanation Reading and Public Hearing On April 21, 2009, a citizen petition for a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas, was filed with the City Secretary. In accordance with the City Charter, within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. At the next regular City Council meeting after the filing of such a petition, the person pen`orming the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Colleyville Page 1 Printed on 4/28/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. C~/nthia~Singleton, City Secr o~'`~ 2009 (Seal) D e of signing RESOLUTION R-09-3093 A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hil1Co Partners to influence the 81S` Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution 30R0695 is rescinded in its entirety. Sec. 2. THAT the 81st Texas Legislature be and is hereby urged to NOT authorize metro area counties to levy, subject to voter approval, a vehicle registration fee motor fuels excise tax, mileage fee driver's license fee, and roadway impact fee to fund their mobility needs, including rail service. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail underpasses at each of the road crossings along the proposed Southwest-Northeast route. Sec. 5. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. A VOTE OF ON THIS THE AYES, NAYS AND DAY OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ,~~ City Hall ~~,~~ ~ ` ` ~ City of Colleyville Colley0v0~i1 eaTexas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Version: 1 Agenda Date: 05/05/2009 Requester: Office of the City Agenda No.: 8 Secretary File Name: Reports -May 5, 2009 Status: Reports Controlling Body: City Council Final Action: Attachments: Senior Center Advisory Committee Minutes -March 19, 2009 Planning and Zoning Commission Minutes -March 23, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council Title Senior Center Advisory Committee Minutes -March 19, 2009 Planning and Zoning Commission Minutes -March 23, 2009 City of Colleyville Page 1 Printed on 4/28/2009 G~tY of ~ Il~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, March 19, 2009 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:35 p.m. on Thursday, March 19, 2009 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Dorothy Parker, Molly Skinner and Anne Gifford ABSENT: Wanda Johnson and Michelle Appling STAFF: Renee Garrett, Senior Center Supervisor, Monica Walsh, Parks and Recreation Director and Jennifer Fadden, City Manager 1. Call to Order and Roll Call 2. Approval of the February 19, 2009 Senior Center Advisory Committee Minutes Anne Gifford made a motion to approve the minutes. Molly Skinner seconded. The motion carried with a unanimous vote. Jennifer Fadden, City Manager, was introduced and welcomed to the Senior Center. 3. Discussion and Consideration of Senior Wish List Dorothy Parker discussed flag pole prices. She will follow up with America's Flags and Poles to clarify prices. Renee Garrett, Senior Center Supervisor, will follow up with the City library on their labeling system. Senior Center Advisory Committee March 19, 2009 Page 2 of 2 4. Discussion on items of Interest for Potential Future Action Renee Garrett, Senior Center Supervisor, will contact other Senior Centers to see if they have a list of vendors for their members. 5. Reports -Staff and Committees Social Committee -Dorothy Parker reported that Nadine Norton was recognized as the new member. Her pictures and story are in the lobby. Communications/Directory -Directory is completed and will be updated periodically. Sunshine Committee - no report Library Committee - no report Computer Committee - no report Monica Walsh, Parks and Recreation Director, reported the trail bids came in under budget and it will be taken to City Council on Tuesday night. Following approval, the trail should be completed by summer. Renee Garrett, Senior Center Supervisor, reported that 846 seniors visited the Senior Center in February and as of today 595 had visited for the month of March The Tea and Style Show had 43 participants and the Murder Mystery had 50 attendees. A Men's Party is presently being planned possibly around Father's Day. 6. Citizen comments/presentation regarding items not on the agenda* None 7. Adjournment Molly Skinner moved to adjourn at 2:12 p.m. Dorothy Parker seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary ~"~ ° City of Colleyville City Hall ~;~. 100 Main Street `~~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 "~~•~~ www.colleyville.com Planning and Zoning Commission Monday, March 23, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on March 23, 2009 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt, Jennifer Fadden and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Rotthaus. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the February 23, 2009 meeting minutes as written. Commissioner Knox seconded. City of Colleyville page ~ Printed on 4/14/2009 Planning and Zoning Commission Minutes -Final March 23, 2009 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Reconsideration of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC09-003 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly moved to deny case GC-09-003. Commissioner Dudziak seconded. Commissioner Phelps questioned staff regarding how long has this sidewalk requirement been in place for this neighborhood? Justin Bass replied the new plans were approved last November. Commissioner Phelps questioned staff regarding the time frame for the sidewalks to be built according to the new plans or will those plans be determined on an as needed basis; years, months or undetermined? Ron Ruthven replied there are no plans at this time to construct a sidewalk along Oak Knoll, in terms of any capital improvements plans within the near future. However, any escrow paid on this property would allow those monies to be used elsewhere within the neighborhood district. He stated typically, a new sidewalk would have to be constructed where a new home is constructed, regardless on the subdivision. Commissioner Phelps concurred with staff, however, he stated to staff that a line has been drawn on this map and he questioned rather or not a new sidewalk would really happen in this area? Ron Ruthven replied the recommendations for the supplemental sidewalk map were formulated by the Sidewalk and Trails Committee over a period of years. He stated anything on the supplemental sidewalk map, for the future, are possibilities depending on funding for those projects. Commissioner Redfearn questioned staff regarding if the construction of the home is complete or not? Ron Ruthven replied nearing completion, within the next several weeks. Commissioner Redfearn questioned staff regarding this issue would City of Colleyville page y Printed on 4H4/2009 Planning and Zoning Commission Minutes -Final March 23, 2009 have to be resolved at the time of completion of the home? Ron Ruthven replied yes, they would be required to escrow for the sidewalk or construct the sidewalk prior to the issuance of the final inspection. Commissioner Redfearn questioned staff regarding if these funds had been escrowed at the beginning of construction, how would they have been notified of the possible refund, as stated in this ordinance? Ron Ruthven replied they could have appealed the refund request to city staff and had staff denied the request, they would have had to appeal that decision to City Council. Commissioner Phelps stated to staff the adjacent property owners will not have this issue, unless they decide to rebuild. Ron Ruthven concurred. Commissioner Phelps stated the reality of actually having a sidewalk in front of this house is slim. Ron Ruthven concurred, the property owner would pay into escrow instead of constructing . Commissioner Phelps stated this waiver makes sense for this neighborhood. Commissioner Byerly stated that is why this ordinance is in place, so that those escrowed monies could be spent within the neighborhood district. Commissioner Phelps agreed, except that funds will have to accrue for this street. Ron Ruthven concurred, except that before the escrowed monies would have been locked into place for the property for which it was paid for, not the neighborhood district. Commissioner Redfearn questioned staff what determines whether or not the property owner pays to escrow or builds the sidewalk? Ron Ruthven replied it would be at the property owners discretion. The motion to deny carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Byerly Nay: 2 - Rotthaus, Phelps Absent: 1 -Clardy 7b Approval of an amended plat of Lots 6 and 7, Block 1 of the Vanguard Estates Addition located at 7109 Vanguard Court, Case PC09-004 Justin Bass presented the case and briefed the Commissioners. Charles Hooks Jr., applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned staff regarding why the 5 1/2 feet is being requested for the side setback as opposed to acquiring a full 10 feet to bring this lot into compliance with the side setback? Justin Bass City of Colleyville Page 3 Printed on 4/14/2009 Planning and Zoning Commission Minutes -Final March 23, 2009 replied there is an existing retaining wall and additionally the adjcent property owner has a pool. He stated if the setback is moved any further, it would encroach on the pool. Commissioner Redfearn questioned staff regarding where they, the property owners, thought the property line was? Mr. Hooks came forward to reply and stated the property owners never realized the property line was in the wrong place. He stated not knowing where they thought the property line was located. Commissioner Phelps stated the new home was built on the property line as opposed to the setback. Mr. Hooks concurred. Commissioner Phelps questioned Mr. Hooks regarding if there is an issue out there, an extra iron marker, that may need to be removed? Mr. Hooks replied the developer made errors in the beginning for lots 5-7. He stated the original surveyor of the subdivision violated State laws by developing the subdivision, having the plat approved and filing the plat without having ever set one iron pin out there. He explained to the Commissioners how they determined the lot lines and then determined the need to amend the plat to correct, or help correct, the property li nes between lots 6 a nd 7. Commissioner Dudziak questioned Mr. Hooks, for clarification, the original surveyor did not put out any iron markers for the lots? Mr. Hooks replied correct. He stated went through about 121ots and did not find one pin for the original surveyor. Commissioner Phelps questioned Mr. Hooks regarding if the other lots are surveyed correctly? Mr. Hooks replied not really knowing of any other issues. Commissioner Rotthaus questioned Mr. Hooks regarding if the southern most property line for lot 7, is it correct? Mr. Hooks replied now it is, the whole lot has been positioned and he is paying for any mistakes that have been made with regards to fences, sprinkler systems and driveways. Commissioner Phelps moved to approve case PC09-004. Commissioner Rotthaus seconded. Commissioner Dudziak stated it being disturbing that a plat is incorrect, did the city make this mistake, could this have been caught before hand . City Attorney Kallas replied this issue is not directly related to the motion. He stated you may want to discuss your concern with staff. Commissioner Dudziak questioned if the plat is legal, can the Commission take action on this plat? City Attorney Kallas replied the City of Colleyville Page 4 Printed on 4HM2009 Planning and Zoning Commission Minutes -Final March 23, 2009 motion being made is legal and can be voted on tonight. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 8. ADJOURNMENT The meeting adjourned at 7:27 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, March 19, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant THe meeting minutes were approved on April 13, 2009. City of Colleyville page 5 Printed on 4H4/2009 RESOLUTION R-09-3094 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 5, 2009 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor