HomeMy WebLinkAboutCity Council-Agenda Packets-1/18/2011City of Colleyville
Agenda
Clt~/ COUf1Cll
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, January 18, 2011
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Presentation on health care reform legislation and the effect on the City
Attachments: PC-1.pdf
Health Care Reform Presentation.pdf
PC-2 Discussion of the establishment of an Architectural Review Commission
Attachments: PC-2.pdf
City of Colleyville Economic Development Incentive Guidelines
and Criteria
Resolution R-11-3313.pdf
PC-3 Presentation of the Monthly Financial Report - December 2010
Attachments: PC-3.pdf
December 2010 Monthly Financial Report.pdf
PC-4 Discussion of the January 18, 2011 City Council meeting regular agenda
items
Attachments: PC-4.pdf
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues
raised by public hearing or action items on the agenda
Section 551.071 - Legal - Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Section 551.071 - Legal - Discussion of pending litigation - Rahman
Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald
McFadden, Todd Hildebrandt, Scotty Graves and David Mertz
City of Colleyville Page 1 Printed on 1/14/2011
City Council Agenda January 18, 2011
Section 551.071 - Legal - Discussion of pending litigation - Doug
Huseman v. City of Colleyville
Section 551.071 - Legal - Discussion pending litigation - Raman
Chandler Properties v. City of Colleyville
Section 551.074 - Personnel - Deliberate the appointment, employment,
evaluation and duties of the City Manager
Section 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business prospects
the City seeks to have locate, stay or expand
Attachments: 1- Executive Session - Legal.pdf
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Martin Richardson, Crown of Life Lutheran Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S)
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION
R-11-3310
Attachments: Resolution R-11-3310
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
NECESSARY
- Resolution
In recognition of the featured Colleyville business - Knobbies & Slicks,
8100 Precinct Line Road, Suite 110, Frank (Bud) and Debbie Zarsk,
owners
Presentation of award for the City of Colleyville's participation in the
Fiscal Year 2009-2010 Metroport Teen Court Program - Kristin White,
Metroport Teen Court Coordinator and Karen Hines, Finance Manager
Attachments: 3- Announcements, Proclamations and Presentations.pdf
City of Colleyville Page 2 Printed on 1/14/2011
City Council Agenda January 18, 2011
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3311
4a Approval of the minutes of the regular City Council meeting of January
4, 2011
Attachments: Resolution R-11-3311
City Council Minutes - January 4, 2011.pdf
4b Authorizing the abandonment of a utility easement for Lot 9, Block 4 of
Ashmore Addition, and authorizing the city manager to execute the
agreement
Attachments: 4b Briefing.pdf
Application for the Vacation or Abandonment of a Roadway
Easement
Location Map for Lot 9, Block 4 of Ashmore Addition
4c Approval of the North Central Texas Major Case Investigative Team
(MCIT) Memorandum of Agreement, and authorize the city manager to
execute the agreement
Attachments: 4c Briefing.pdf
MCIT Memorandum of Agreement.pdf
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-11-1788 Amending Section 1, Section 2 and Section 8 of Ordinance 0-89-741
and Sections 3A and 3B of the Water and Sewer Policy and Procedure
Manual of the City of Colleyville by increasing the minimum water bill
and the minimum sewer bill to incorporate Trinity River Authority (TRA)
rate increases on the first 2,000 gallons of water usage included in the
minimum water bill and the first 2,000 gallons of sewer usage included in
the minimum sewer bill and providing for future TRA rate increases to be
passed through on the water and sewer minimum bill usage
Attachments: 5a Briefing.pdf
FY 2011-2015 Utility Rate Plan - Without TRA Rate Increase
Pass Through - Exhibit A.pdf
FY 2011-2015 Plan - Pass Through of TRA Rate Increases
Including Minimum Bill Gallons - Exhibit B.pdf
Ordinance 0-89-741.pdf
Water and sewer rate comparison of surrounding cities.pdf
Ordinance 0-11-1788.pdf
City of Colleyville Page 3 Printed on 1/14/2011
City Council Agenda January 18, 2011
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-11-3312 Authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to
negotiate an extension to the current electric supply and necessary
related services agreement with Next Era for a fixed price per KwH that
is lower than contract rates for 2011-2013
Attachments: 6a Briefing.pdf
NYMEX Month Closing Prices Jan 2002-Jan 2011.pdf
Resolution R-11-3312.pdf
6b R-11-3313 Approval to establish the Architectural Review Commission
Attachments: 6b Briefing.pdf
City of Colleyville Economic Development Incentive Guidelines
and Criteria.pdf
Resolution R-11-3313.pdf
6c R-11-3314 Approval to pass through a water and sewer rate increase received by
the City of Colleyville from the Trinity River Authority
Attachments: 6c Briefing.pdf
FY 2011-2015 Utility Rate Plan - Without TRA Rate Increase
Pass Through.pdf
FY 2011-2015 Plan - Pass Through of TRA Rate Increases
Including Minimum Bill Gallons.pdf
Water and sewer rate comparison of surrounding cities.pdf
Resolution R-11-3314.pdf
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Zoning Board of Adjustment Minutes - December 8, 2010
Sign Board of Appeals Minutes - December 8, 2010
Attachments: 8 - Reports.pdf
Zoning Board of Adjustment Minutes- December 8, 2010
Sign Board of Appeals Minutes - December 8, 2010
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 18,
2011 - Reading and Public Hearing - Resolution R-11-3315
Attachments: Resolution R-11-3315
City of Colleyville Page 4 Printed on 1/14/2011
City Council Agenda January 18, 2011
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday ,
January 14, 2011, 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 5 Printed on 1/14/2011
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number:
Version: 1
File Type: Pre Council
Agenda Date: 01/18/2011
Status: Pre Council
Controlling Body: City Council
Requester: Human Resources Agenda No.: PC-1 Final Action:
Department
File Name: Presentation on health care reform legislation and the effect on the City
Attachments: Health Care Reform Presentation.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Presentation on health care reform legislation and the effect on the City
Explanation
During the discussion of the Fiscal Year 2011 health insurance bid analysis and
recommendation at the Pre Council meeting on July 20, 2010, City Council requested that
Cooper Corporate Solutions (Cooper), the City's benefits broker and consultant, provide
updates of the ongoing health care reform legislation, or Patient Protection and Affordable
Care Act, and the effect on the City. Rich Allen, Vice President of Risk Analytics at Cooper,
will be presenting the current status of the legislation. Other representatives from Cooper
will also be available to answer questions of the City Council.
City of Colleyville Page 1 Printed on 1/13/2011
A enda
g
• Active Leg islative Components
• U pcomi ng 2011 Leg islation
• 2012 - 2018 Proposed Legislation
- Insurance Exchanges
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The primary purpose of this presentation is to provide an overview of
Health Care Reform
The following slides contain only the general rules and do not cover
every component of the PPACA legislation
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Active Le islative Com onents
J p
• Medicare
- 2010: $250 Rebate for individuals who reach Part D
coverage gap
- 2011 +: 50% discount on covered brand name
drugs
• Expanded Coverage for Young Adults
- Individuals will be allowed to stay on parent's plan
u nti I age 26
• Small Business Tax Credits (<26 Employees)
- Up to 35% (25% non profit) of employer cost
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Active Le islative Com onents
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• Consumer Protections
- Removal of lifetime limits
- Removal of rescinding coverage (except for fraud)
- Removal of pre-existing conditions for children (<19)
• Preventive Benefits
- Insurance plans must offer minimum coverage with
no cost sharing
• Changes to Tax Free Savings Accounts
- Over the counter medications not prescribed by a
physician cannot be reimbursed tax free
• Establish Consumer Website
- www.healthcare.gov
U com i n for 2011. ..
p J
• Minimum Medical Loss Ratios (MMLR)
- Insurers must spend at least 85% of health
care premiums on "health services" (>100
employees)
- 80% requirement for <100 employees
- Insurers that fail to meet these requirements
will issue rebates (2012)
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U com i n for 2011. ..
p J
• MMLR Administration
- Beginning in 2011 Insurers will report the
following on an aggregate basis:
• Total earned premiums
• Total reimbursement for clinical services
• Total spending on activities to improve quality
• Total spending on all other non-claims costs
(excluding federal and state taxes and fees)
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U com i n for 2011. ..
p J
• Med icare & Med icaid
- Higher Primary Care Physician reimbursements
- Improved preventive care
- Increasing the number of individuals paying higher
Part B and Part D premiums
- Medicare Advantage reimbursements frozen at
2010 levels
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U com i n for 2011. ..
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• Fu nd i ng for I nsu rance Exchanges
- Grants given to states to begin planning for the
establishment of American Health Benefit
Exchanges
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2012 - 2018
• 2012 - Voluntary Long Term Care (CLASS) established
• 2013
- No cost for Medicaid preventive care
- Co-Op (Member Run) insurance companies allowed
- Additional Medicare Tax for "wealthy"
• 2014
- Establishment of Exchanges
- Individual mandated coverage (phased in tax penalties)
• 2018 Excise Tax on High Cost Employer Sponsored Coverage
- 40% of the excess benefit
- Excess benefit defined as greater than
• Employee Only - $10,200
• Family -$27,500 (adjusted for age, gender, and cost)
Insurance Exchan es
g
• Exchanges
- Administered by the government (or non-profit)
- Individuals and small groups (<100 employees)
• Employer Responsibilities
- Minimum required health coverage
-$2,000 fee per full time employee (excluding first 30) for
not offering coverage to all employees
-$3,000 fee per full time employee that opts out of
employer coverage and enters exchange
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Fee Im act to Col le vi I le
p Y
• Impact to Colleyville
- An n ual Fee: (171 - 30) x$2, 000 =$282k
- Cu rrent Month ly Costs =$139k
• I mpact to Employees
- Full cost of Exchange policies are unknown
- Plan desig ns are u nknown
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2012 - 2018
• Effective for 2014, each employer with more than
100 full-time employees must file an annual return
with HHS setting forth:
- Whether employer covers Essential Health Benefits
- Describes any waiting periods
- Describes the cheapest health plan offered
- Describes the employer's share of the total benefit costs
for each plan, and
- The number of participants in the plan each month and
their names
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2012 - 2018
• Effective 2014 - Wellness "Reward" cannot exceed
30% of the health plan's coverage cost (thoug h the
DOL, I RS and H HS have the ability to increase the
rewa rd u p to 5 0%).
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City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1
Agenda Date: 01/18/2011
Controlling Body: City Council
Requester: Economic Agenda No.: PC-2 Final Action: 01/04/2011
Development
Department
File Name: Discussion of the establishment of an Architectural Review Commission
Attachments: City of Colleyville Economic Development Incentive Guidelines and Criteria • Resolution
R-11-3313. pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/04/2011 City Council
1 01/18/2011 City Council
Title
Discussion of the establishment of an Architectural Review Commission
Explanation
City Council adopted a new set of Economic Development Incentive Guidelines and Criteria
on November 3, 2010. Included within the Guidelines and Criteria was a new matching
grant program with a provision that all applications be reviewed by an Architectural Review
Commission.
Colleyville has numerous residents who are architectural or engineering design
professionals or who work in commercial development-related fields. These individuals deal
with design specific issues on a daily basis and have the expertise to benefit the City's
future development and redevelopment. Staff has spoken to several of these professionals ,
and they are enthusiastic about possible service to the community.
Moreover, the creation of an Architectural Review Commission would further engage the
Colleyville community in the City's economic development efforts, helping ensure even
greater resident involvement in these activities. A new Commission would also offer
Colleyville a way to vet other related issues, such as the ongoing review of the City's
Commercial Design Standards or the possibility of an Overlay District within the core of the
Colleyville Boulevard corridor.
At the January 4, 2011 Pre Council meeting, City Council reviewed and discussed the
merits of creating an Architectural Review Commission. City Council directed staff to return
with a Resolution for consideration on the January 18, 2011 City Council agenda.
Resolution R-11-3313 is attached for further review and discussion by the City Council.
City of Colleyville Page 1 Printed on 1/13/2011
CITY OF COLLEYVILLE, TEXAS
ECONOMIC DEVELOPMENT INCENTIVE
GUIDELINES AND CRITERIA
Section 1. General Purpose and Objectives
General Purpose
The policy herein is intended as a guide for use in developing economic development incentive
packages under the provisions of state law. Notwithstanding the policy herein established, the
City Council of the City of Colleyville retains the right to act within the provisions of such act
without the necessity of amending the general policy and/or purpose adopted within this set of
Guidelines and Criteria.
Obiectives
The City of Colleyville, Texas, has made a long-term commitment to economic development.
The City seeks to foster a more diversified tax base so that it may deliver sustainable
government. Insofar as these objectives are generally served by the enhancement and
expansion of the local economy, the City of Colleyville will, on a case-by-case basis, give
consideration to providing tax abatements and other forms of economic development incentives
as stimulation for economic growth in Colleyville. It is the policy of the City of Colleyville that
said consideration will be provided in accordance with the criteria outlined in this document.
Nothing herein shall imply or suggest that the City of Colleyville is under any obligation to
provide any type of incentive to any applicant.
The City of Colleyville's Economic Development Department is charged with retaining existing
businesses, attracting new businesses and marketing Colleyville-with the goal of expanding
the City's commercial tax base. In keeping with this overall mission, the City has implemented a
three point strategy in order to accomplish these important tasks:
- To identify and assist retail developers, corporate office and medical/physician specialist/
laboratory-related facilities to invest and build new, high quality sales and property tax-
generating projects in Colleyville;
- To assist landowners in the sale, development, and redevelopment of potential retail,
office and hotel sites to their highest and best use; and
- To recruit new, and retain existing, Colleyville retailers, restaurants, corporate office and
medical/physician specialist/laboratory-related facilities and other sales tax and property
tax generating businesses compatible with Colleyville's available land, land use plan and
demographics.
To achieve this goal, the City wishes to enhance its economic development efforts by
developing an incentive policy to promote retention and expansion of existing retailers,
restaurants, corporate office and medical/physician specialist/laboratory-related facilities and to
attract similar new businesses to Colleyville.
City of Colleyville
Guidelines and Criteria
Page 2 of 10
Within the context of these goals, the City of Colleyville will give consideration to providing
reasonable incentives as a stimulus for new development and redevelopment on a case-by-
case basis. Nothing herein implies or suggests that the City of Colleyville is under any
obligation to provide any incentive to an applicant. The City recognizes that only certain
businesses are worthy of incentives.
Section 2. Criteria
Any request for a tax abatement or any other type of economic development incentive shall be
reviewed by the City Council. Their decision shall be based upon an evaluation of the following
criteria, which each applicant will address in narrative form within or on pages attached to the
City's Application for Economic Development Incentives:
Employment Impact
- Total number of full time equivalent jobs brought to Colleyville;
- Types of jobs created;
- Total annual payroll.
Fiscal Impact
- Total real and personal property value to be added to the tax roll;
- Anticipated direct sales tax to be generated at one (1) percent of taxable sales;
- Other revenues generated for the City: franchise payments, occupancy taxes, utility
revenues, etc.;
- Amount of city infrastructure construction or participation required;
- Projected total annual operating budget of the facility.
Communitv Impact
- The expected effect the project will have on the local housing market;
- The expected environmental impact, if any, created by the project;
- The compatibility of the project with the City's Comprehensive Plan;
- The impact on neighboring businesses and/or property owners;
- The project's location (i.e. is it proposed to be located in a targeted area or an area
designated for redevelopment?);
- The project's impact on the cost or provision of Colleyville municipal services;
- The project's type of business enterprise (i.e. is it among the types of businesses
targeted for retention within or attraction to Colleyville?).
Competitive Impact
- The effect the project would have on existing businesses in Colleyville;
City of Colleyville
Guidelines and Criteria
Page 3 of 10
- A list of the types of products or services to be sold by the applicant which are currently
sold by existing Colleyville merchants;
- A list of specific businesses seen as direct competitors to the applicant.
Please note that the City of Colleyville seeks first to retain existing businesses and therefore will
consider whether an applicant will compete or potentially displace existing Colleyville
businesses.
Section 3. Types of Incentives
It is the policy of the City of Colleyville to customize the provisions of economic development
incentives on a case-by-case basis. This individualized design of a total incentive package is
intended to allow maximum flexibility in addressing the unique concerns of each applicant while
enabling the City of Colleyville to better respond to the changing needs of the community.
Colleyville's goal is to adequately package incentives, with clear parameters, that are tailored to
match business needs-as well as to the types of businesses Colleyville prefers. Likewise,
Colleyville recognizes how incentives that encourage business growth and development are
often unique to the needs of each individual business. The City is therefore open to discuss any
particular incentive(s) that may be necessary for a business to ensure its success in Colleyville.
Consideration will be given to providing any type of economic development incentives not
prohibited by state or federal law including, but not limited to: tax abatements, in-lieu-of Freeport
exemptions, state tax grants and other grants in general, as well as participation in infrastructure
and waiver of fees.
These economic development incentives are in addition to an ongoing tax increment financing
program offered by the various taxing entities, which is not a part of this incentive program. The
provision of incentives will be subject to the procedural and other requirements outlined in this
document as well as those mandated by state or federal law, and by other actions of the City of
Colleyville. All incentive agreements will be performance-based.
Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any
obligation to provide any incentive to any applicant.
Section 4. Value of Incentives
Following an assessment of the response provided to the criteria contained in Section 2, the
City Council shall determine whether it is in the best interests of the City of Colleyville that
economic development incentives be granted to the applicant. The review process will examine
the "value added" terms of the project. Additional consideration, beyond the criteria, will include
such items as the degree to which the project/applicant furthers the goals and objectives of the
community or meets or compliments a special need identified by the City Council. Moreover,
the City will consider whether the proposed business type is included on the targeted list
City of Colleyville
Guidelines and Criteria
Page 4 of 10
identified within the three point strategy included in Section 1. above. Preference is given to
medical/physician specialist/laboratory-related facilities and corporate office uses.
Tax Abatements:
A Tax Abatement may be offered in two categories:
1. Real Property (not located in the TIF District); and/or
2. Business and Personal Property
Real property abatements may be offered to applicants which will pursue the construction of
new or expanded facilities in which to house the applicable project. The abatement may apply
only to the value of improvements made.
Business Personal property abatements may be offered to applicants which will pursue the
purchase or long-term lease of existing facilities. The abatement will apply to the value of new
personal property brought into the taxing jurisdiction.
State law permits municipalities to grant a maximum property tax abatement of 100 percent
each year for up to ten (10) years. Once a determination has been made that a tax abatement
may be offered, the City will determine the value and term of the abatement according to the
following schedule:
Minimum Abatement Percentage of
Property Du ration Abatement
Investment Considered
by Council
$2 million* 1St year Up to 100%
2nd year Up to 90%
3rd year Up to 80%
$5 million 1St year Up to 80%
2nd year Up to 70%
3`d year Up to 60%
$10 million+ 1St year Up to 60%
2n~ year Up to 50%
3`d year Up to 40%
*Only medical, physician-specialist or laboratory facilities are eligible for consideration.
City of Colleyville
Guidelines and Criteria
Page 5 of 10
Each application for consideration of a tax abatement, whether for Real Property or Business
and Personal Property, shall include a$1,000 tax abatement application fee. The fee shall
cover the cost of staff time spent analyzing and evaluating the application's merits.
Grants
The City of Colleyville may agree to extend a grant based on the amount of revenues to be
generated by the economic development project to the City of Colleyville for such categories as
sales tax, occupancy taxes, utility fees, or similarly related revenues. Chapter 380 of the Texas
Local Government Code also permits loans and grants of City funds and use of City staff and
City facilities at minimal or no charge. Any such use must be construed as serving a"public
purpose". Likewise, any type of loan, grant or waiver requires a contract between the City and
the applicant.
Retail Sales Tax Grants
By contract, the City may provide an incentive consisting of an annual grant through a tax
rebate, based on a percentage of the sales and use tax received by the City from the sale of
taxable items by the applicant. The City is authorized by Section 380.001, Texas Local
Government Code, to make such grants.
Sales and use tax means the City's one (1) percent sales and use tax on the sale of taxable
items by the applicant at the applicant's business location in the City. The applicant by contract
will be required to provide a sales tax certificate setting forth the applicant's collection of sales
and use tax for the sale of taxable items consummated at the applicant's business location in
the City for the previous ending twelve (12) calendar month period, with such supporting
documentation as may be required by the City.
The grant would be conditioned on the applicant's continued ownership/occupancy of the
project site.
The sales tax grants would be paid in annual installments within ninety (90) days of the end of
each twelve (12) calendar month period following the issuance of the certificate of occupancy
for the facility, or other commencement date if no certificate of occupancy is required. The grant
would not include any of the City sales and use tax receipt from the imposition and collection of
sales and use tax for taxable items consummated at any location, business establishment or by
any other entity in the city, other than from the applicant's sale of taxable items at the applicant's
business location in the city.
Any sales tax grant payable would be limited to the extent that the City has received sales tax
from taxable sales by the applicant. The City would not be required to provide any grant for any
twelve (12) calendar month period during the term of the agreement for which the City has not
received sales tax revenue from taxable sales by the applicant for such twelve (12) calendar
month period.
City of Colleyville
Guidelines and Criteria
Page 6 of 10
The City's obligation to pay the sales tax grants in the agreement would additionally be
conditioned upon the applicant requesting and providing sales tax documentation from the
Office of the Comptroller of the State of Texas.
The City may also condition the incentive upon the creation of employment, construction of
improvements, certain development, continued operations for a stated period, or other public
consideration. Any incentive agreement shall be written in a legally enforceable contract. The
contract shall require the applicant to construct certain improvements or expansions and contain
at a minimum the following terms:
1. Generation of a certain level of sales tax;
2. An annual written certification that applicant is in compliance with the agreement;
3. Authority to terminate or modify the agreement if applicant fails to comply with
agreement;
4. Minimum term of occupancy or continued operations within the city.
5. Authority/permission for the City to schedule an annual inspection of the business or
facility.
6. Annual review of the business entity's financials;
7. Agreement that the applicant will not contest any Tarrant Appraisal District appraisal
increases throughout the term of the contract.
8. Claw-back or recapture of any and all rebated grants should the applicant default on any
portion of the contract (see Section 5. Recapture below).
In the event the applicant files an amended sales and use tax return,- or report with the State of
Texas, or if additional sales and use tax is due and owing, as determined by the State of Texas,
affecting sales tax receipts for a previous twelve (12) calendar month period, the sales tax grant
payment for the next twelve (12) month calendar period immediately following such State of
Texas approved amendment could be adjusted accordingly provided that the City has received
sales tax receipts attributed to such adjustment. As a condition precedent to payment of such
adjustment, the applicant should provide the City with a copy of any such amended sales and
use tax report or return, and the approved thereof by the State of Texas.
In the event the State of Texas determines that the City erroneously received sales tax receipts,
or that the amount of sales and use tax paid to the City exceeds the correct amount of sales and
use tax for a previous twelve (12) calendar month period for which the applicant has received a
sales tax grant, the applicant will be required within thirty (30) days after receipt of notification
thereof from the City specifying the amount by which such sales tax grant exceeds the amount
to which the applicant was entitled pursuant to such State of Texas determination, repay such
amount to the City.
City of Colleyville
Guidelines and Criteria
Page 7 of 10
Infrastructure Particiaation and Waiver of Fees
The City of Colleyville may agree to partial or complete cost participation for the extension,
construction, or reconstruction of infrastructure necessary for the development of an economic
development applicant's project. In addition, the City Council may approve the waiver of fees
for, but not limited to, building permit applicants, utility taps and similar fees.
Matchinq Grants
In accordance with the City Council's strategic initiatives plan, the City of Colleyville will also
consider providing matching grants of up to $15,000 for each of the following types of
investments through a public/private, cost-sharing program:
1. Fa~ade improvements-Existing building fa~ade improvements that meet the following
criteria:
- Proposed improvements must exceed City's minimum rating criteria for
commercial building designs;
- Proposed improvements must be reviewed and approved by an Architectural
Review Commission.
2. Signage removal and replacement-Assistance with pole sign removal and/or
replacement as landscaped monument signs or landmark signs (if applicant meets the
City's square footage requirement); signage plan must meet the following criteria:
- Proposed signage removal and replacement must meet all the current
requirements of the City's Land Development Code and be reviewed and
approved by an Architectural Review Commission.
3. Tenant improvements for destination restaurants and retailers-Restaurants must not be
presently located in Colleyville or any immediately adjacent city.
All applications for Matching Grants must also submit a written business plan for review and
comment by the City's SCORE business counseling office.
Matching Grant incentives will consist of cash payments payable upon successful completion
and inspection of all facility improvements or redevelopment, as outlined in an incentive
agreement to be entered into between the City and the owner of the facility or facilities to
receive the grant. If the City chooses to utilize the Matching Grant program, the City may elect
to make a grant in an amount up to 50% of the cost of improvement, not to exceed $15,000 per
improvement, with a minimum business investment of $5,000.
Non-Cash Incentives
The City of Colleyville will also consider providing non-cash incentives (primarily procedural in
nature) for stimulation of development and redevelopment. Such incentives include:
City of Colleyville
Guidelines and Criteria
Page 8 of 10
1. Signage and intersection improvements already funded within the CIP;
2. Fast-track planning, plans review and permitting, as staff work level allows;
3. Dedicated inspections;
4. Corporate relocation assistance for employees and their families;
5. Employee recruitment and training, as funded through State of Texas grant programs
and Tarrant County College;
6. Possible access to community bank lending through the City's CDARS program;
7. Recreational opportunities;
8. Business promotion and assistance;
9. Assistance with demolition of existing structures for redevelopment and new investment.
Public Imarovement Districts
The City of Colleyville is also willing to consider the creation of Public Improvement Districts
(PIDs). Public Improvement Districts may be created by a municipality at the request or with the
consent of property owners. PI Ds allow for the levy of voluntary assessments and the issuance
of tax exempt bonds. Funds collected through PIDs and any associated bonds may be used for
capital improvement projects and maintenance within the geographic area.
Section 5. Recapture
All incentive agreements shall include a provision allowing City staff access to the applicant's
business and/or facilities for an annual inspection, so the City may monitor and enforce
accountability. In the event a business receiving incentives from the City of Colleyville fails to
perform under the agreement executed between the City and the business, the incentive
obligation on the part of the City will be void. Any incentive paid to the business up to the point
of failure shall be returned to the City of Colleyville in full. All incentive agreements will be
negotiated and executed to include claw-back provisions.
Section 6. Procedural Guidelines
Any person, organization or corporation desiring that the City of Colleyville consider providing
economic development incentives to encourage location or expansion of operations with the city
limits of Colleyville shall be required to comply with the following procedural guidelines. Nothing
within these guidelines shall imply or suggest that Colleyville is under any obligation to provide
incentives of any amount or value to any applicant.
Preliminary Application Steps
1. Applicant shall complete an "Application for Economic Development Incentive" as
provided by the City.
2. Applicant shall address all criteria questions outlined in Section 2. above directly on the
application form and in letter format, if additional explanation and information are
necessary.
City of Colleyville
Guidelines and Criteria
Page 9 of 10
3. Applicant shall prepare a plat showing the precise location of the property, all roadways
within 200 feet of the site, and all existing land uses and zoning within 200 feet of the
site. If the property is described by metes and bounds, then the applicant shall also
provide a complete legal description.
4. Applicant shall present the application to the Director of Economic Development and
obtain his/her signature that the package is complete before formal submission to the
City.
Applicant shall complete all forms and information detailed in items 1 through 3 above and
submit them to the Director of Economic Development, City of Colleyville, 100 Main Street,
Colleyville, Texas 76034.
Application Review Steps
1. All information in the application package detailed above will be reviewed for
completeness and accuracy. Additional information may be requested as needed.
2. The application will be distributed to the appropriate City departments for internal review
and comment~. Additional information may be requested as needed.
3. Copies of the complete application package and staff comments will be provided to the
City Council.
4. In light of the proprietary nature of this data, all information included within the
application shall remain confidential unless and until formal action is taken to establish
an incentive agreement.
Consideration of the Aaalication
The City Council will consider the application at a regular or called meeting(s). State law
stipulates that incentives need to be endorsed by a local governing body. Therefore, additional
information may be requested as needed.
The City Council of Colleyville may consider a resolution calling a public hearing to consider
establishment of a tax reinvestment or redevelopment zone or other zone designation as
deemed appropriate.
The Colleyville City Council shall hold a public hearing and determine whether the project is
"feasible and practical" and whether it "would be of benefit to the land to be included in the zone
and to the municipality."
The City Council of Colleyville may consider adoption of an ordinance or resolution, as deemed
appropriate, designating the area described in the legal description of the proposed project.
The City Council may consider adoption of a resolution approving the terms and conditions of a
contract between the City and the applicant governing the provision of the economic
development incentives.
City of Colleyville
Guidelines and Criteria
Page 10 of 10
If the City Council chooses to grant a tax abatement, the City must designate an area as a
reinvestment zone. Any City designating a reinvestment zone must make two findings:
1. Proposed improvements are feasible and practical and would benefit the zone; and
2. The zone meets one of the eligible criteria for reinvestment zones. The City's criterion
include 1) whether the proposed project within the zone is likely to contribute to the
retention or expansion of primary employment or 2) to attract investment within the zone.
RESOLUTION R-11-3313
A RESOLUTION ESTABLISHING AN ARCHITECTURAL REVIEW COMMISSION
WHEREAS, the City of Colleyville has a new set of Economic Development Incentive
Guidelines and Criteria, which City Council unanimously adopted through
Resolution R-10-3286 on November 3, 2010; and
WHEREAS, this program includes a provision that applications related to fa~ade
improvements or pole signage removal and replacement be reviewed by
an Architectural Review Commission; and
WHEREAS, Colleyville is home to numerous residents who are architectural, planning
or engineering design professionals, or who work in development-related
fields, who consider design issues on a daily basis and who have the
expertise to benefit the City's future development and redevelopment; and
WHEREAS, the creation of an Architectural Review Commission will further engage
the Colleyville community in the City's economic development efforts; and
WHEREAS, an Architectural Review Commission will provide an analysis of issues
such as the quality and effectiveness of Colleyville's Commercial Design
Standards and the possibility of an Overlay District within the core of the
Colleyville Boulevard corridor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the Colleyville City Council hereby establishes an Architectural
Review Commission, to be appointed by the City Council.
Sec. 2. THAT the Architectural Review Commission shall serve in an advisory role
to the Colleyville City Council and is hereby charged with the following
responsibilities:
a. To evaluate and make recommendations on matching grant
program applications for facade improvements and/or pole
signage replacements
b. To evaluate the quality and effectiveness of Colleyville's
Commercial Design Standards
c. To evaluate the possibility of an Overlay District within the core
of the Colleyville Business Corridor, as well as oversee
recommendations on any related Design Guidelines which may
be subsequently adopted
Resolution R-11-3313
Page 2 of 2
d. To conduct other architectural and design-related studies as
requested by the City Council
Sec. 3. THAT the Architectural Review Commission shall be composed of seven
(7) members. Three (3) members shall be appointed by the City Council
for an initial term of one (1) year and four (4) members shall be appointed
by the City Council for a term of two (2) years, with subsequent
appointees serving two year terms.
Sec.4. THAT any Commission member who has designed, worked on or
consulted with a matching grant program applicant or agenda subject,
shall recuse themselves from voting in those circumstances.
Sec. 5. THAT any member with unexcused absences from three (3) consecutive
meetings or not exhibiting interest in the work of the Commission shall be
reported to the City Council, which may at their discretion remove the
Commission member and appoint a replacement.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, , NAYS AND
ABSTENTIONS ON THIS THE DAY OF 2011.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
- ~ s= City Hall
a~~~ =~~~L,~ City of Colleyville 100 Main Street
~'4 Colleyville, Texas 76034
~ ~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1 Agenda Date: 01/18/2011 Controlling Body: City Council
Requester: Agenda No.: PC-3 Final Action:
File Name: Presentation of the Monthly Financial Report - December 2010
Attachments: December 2010 Monthly Financial Report.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Presentation of the Monthly Financial Report - December 2010
Explanation
The percentage of current year taxes collected is ahead of December 2009 collections by
2.47% and delinquent tax collections are up. Sales tax revenue received in December was
up 22.21 % or $33,372 from revenues reported for the same time period last year. The
quarterly amount received for cable franchise was up almost $22,000 over the projected
amount. Four new residential building permits were issued along with one new commercial
building permit. Permit revenues currently exceed the budgeted year-to-date projection by
almost $7,000. Fine revenues are behind budgeted projections by almost $25,000.
Revenues from ambulance collections exceed projections by $22,425 and revenue received
from Colleyville Center rentals are also ahead of projections by over $5,000. The average
amount expended by the General Fund departments at the end of December is 23.26% of
the total appropriation, versus 24.63% which was projected to be spent.
Utility Fund
Water usage increased as compared to the amount sold through December 2009. The
average amount expended by the Utility Fund departments at the end of December is
21.05% of the total appropriation, versus 24.67% which was projected to be spent.
City of Colleyville Page 1 Printed on 1/13/2011
MONTHLY FINANCIAL REPORT - DECEMBER 2010
GENERALFUND
FY 2011
REVENUE SOURCE BUDGET
Current Taxes $10,155,472
Delinquent Taxes 63,000
Penalty & Interest 57,000
TOTAL AD VALOREM TAXES $10,275,472
Oncor Electric
Tri-County Electric
Atmos Gas
AT&T
Verizon/Others
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 Permit
TOTAL LICENSES & PERMITS
Fines
Alarm Fees
Library Fines
TOTAL FINES
$815,000
110, 000
345, 000
118, 000
44, 000
126, 000
265, 000
$1,823,000
$2, 356, 976
73, 000
$348, 924
43, 257
28, 868
37, 568
37, 372
59, 753
3, 372
900
5, 463
4, 920
8, 000
10,214
$588,611
$825, 000
47, 000
23,124
RECEIVED
AS O F
12/31 /2010
$4, 626, 30
33, 73
8,18
$4,668,21
$
26, 30
15, 34
22,64
88,06
$152, 36
$183, 61
20, 05
$203, 66
$94, 41
12, 68
6, 93
10, 01
8, 00
11,86
94
6
1,85
97
1,55
4, 53
$180,208
13, 700
5,185
$199,092
PROJECTED
AS O F
12/31 /2010
$4, 646, 78
27, 00
6, 50
$4, 680, 28
$0
0
0
29, 500
11,000
15, 750
66, 250
$122,500
$138,252
18, 250
$156,502
$87, 231
10,814
7,217
9, 392
9, 343
14, 938
843
225
1,366
1, 230
2, 000
2, 554
$147,153
$206,250
11,750
5, 781
$223,781
RECEIVED
AS O F
12/31 /2009
$4, 776, 303
30, 007
7, 282
$4, 813, 592
$3,181
0
0
30,315
11,340
28, 226
72, 674
$145,736
$150, 241
19, 832
$170, 073
$87, 320
9, 936
6, 603
8, 539
7, 005
14,403
658
103
1,035
1, 275
2, 050
3,138
$142, 065
$233, 002
6, 600
5,100
PERCENT
CHANGE
-3.14%
12.41 %
12.39%
-3.02%
-100.00%
0.00%
0.00%
-13.22%
35.31 %
-19.77%
21.18%
4.55%
22.21 %
1.11%
19.75%
8.12%
27.67%
5.05%
17.29%
14.28%
-17.60%
42.86%
-41.75%
78.74%
-23.53%
-24.39%
44.41 %
8.28%
-22.66%
107.58%
1.67%
18.64%
MONTHLY FINANCIAL REPORT - DECEMBER 2010
RECEIVED PROJECTED RECEIVED
REVENUE SOURCE FY 2011 AS OF AS OF AS OF PERCENT
BUDGET 12/31/2010 12/31/2010 12/31/2009 CHANGE
Re-zoning $6,765 $500 $1,691 $1,625 -69.23%
Plat Fee/Site Plan 4,988 (58) 1,247 1,115 -105.16%
Board of Adjustment 1,250 875 313 250 250.00%
Sale of Material 400 59 100 47 24.95%
Weed Mowing 14,770 1,675 3,693 7,010 -76.11%
Animallmpoundment 2,825 622 706 1,138 -45.32%
Ambulance 240,000 82,425 60,000 75,984 8.48%
Recreation Program 157,525 17,709 11,500 10,937 61.93%
Non-Resident Fee Parks 26,000 10,200 13,000 8,010 27.34%
Field Use Charge 20,500 10,905 10,250 8,010 36.14%
Engineering & Inspection 5,000 0 1,250 3,966 -100.00%
Colleyville Center Rental 200,000 55,454 50,000 44,377 24.96%
Lot Drainage Insp Fee 10,250 2,375 2,563 2,500 -5.00%
TOTAL CHARGES FOR SERVICE $690,273 $182,741 $156,312 $164,968 10.77%
SRO Officer Reimb $89,792 $0 $0 $0 0.00%
TOTAL INTERGOVERNMENTAL $89,792 $0 $0 $0 0.00%
Sale of Surplus Property $3,000 $0 $0 $0 0.00%
Interest Income 75,000 4,267 4,500 2,122 101.07%
Miscellaneous 55,000 51,275 35,000 19,445 163.70%
Use of Available Cash 0 0 0 0 0.00%
Antenna Lease 65,000 13,200 10,400 30,676 -56.97%
TOTAL MISCELLANEOUS $198,000 $68,742 $49,900 $52,243 31.58%
Transfer from Utility Fd $816,297 $0 $0 $0 0.00%
TOTAL TRANSFERS $816,297 $0 $0 $0 0.00%
TOTAL GENERAL FUND REVENUES $17,806,545 $5,628,646 $5,536,436 $5,733,379 -1.83%
MONTHLY FINANCIAL REPORT - DECEMBER 2010
TOTAL PERCENT
FY 2011 THROUGH THROUGH INCREASE INCREASE
BUDGET 12/31/2010 12/31/2009 (DECREASE) (DECREASE)
% OF CURRENT TAX ROLL COLLECTED 99.0% 60.58% 58.11% 2.47% 4.25%
RESIDENTIAL BLDG PERMITS 73 18 16 2 12.50%
COMMERCIAL BLDG PERMITS 10 2 3 (1) -33.33%
CITATIONS ISSUED 12,500 2,700 3,681 (981) -26.65%
CITATIONS APPEALED 3 0 399 (399) -100.00%
GENERAL FUND EXPENSES
EXPENDED YEAR-TO-DATE
FY 2011 THROUGH PROJECTED % OF BUDGET BUDGET
BUDGET 12/31/2010 EXPENDITURES EXPENDED REMAINING
City Council $220,002 $14,095 $29,060 6.41% $205,907
City Manager 614,427 130,057 140,781 21.17% 484,370
City Secretary 312,356 75,784 76,155 24.26% 236,572
Finance 439,646 103,998 110,167 23.66% 335,647
Legal 125,460 25,703 27,235 20.49% 99,757
Engineering 332,845 79,340 83,199 23.84% 253,505
Economic Development 332,551 77,751 78,909 23.38% 254,800
Building Inspection 339,533 87,446 98,309 25.75% 252,087
Community Development 228,845 56,808 57,523 24.82% 172,037
Fi re 3, 870, 839 1, 009, 923 1, 040, 396 26. 09% 2, 860, 916
Police 4,369,822 1,093,714 1,112,273 25.03% 3,276,108
Parks 1,467,570 308,792 333,609 21.04% 1,158,777
Recreation 326,796 61,671 62,588 18.87% 265,125
Street Maintenance 2,022,171 381,976 467,625 18.89% 1,640,195
Library 692,955 175,525 180,795 25.33% 517,430
Communications 152,299 33,786 34,746 22.18% 118,513
Colleyville Center 379,648 86,561 92,763 22.80% 293,087
Human Resources 237,627 56,091 57,986 23.60% 181,536
Municipal Court 261,487 61,480 61,983 23.51% 200,007
Fleet Maintenance 214,586 57,798 60,372 26.93% 156,788
Building Services 216,089 74,795 80,813 34.61% 141,294
Information Services 402,471 84,219 93,869 20.93% 318,252
Capital Equipment Reserve 150,000 0 0 0.00% 150,000
Strategic Initiatives Fund Transfer 80,000 0 0 0.00% 80,000
TOTAL EXPENSES $17,790,023 $4,137,312 $4,381,156 23.26% $13,652,711
MONTHLY FINANCIAL REPORT - DECEMBER 2010
UTILITY FUND
RECEIVED PROJECTED RECEIVED
FY 2011 AS OF AS OF AS OF PERCENT
REVENUE SOURCE BUDGET 12/31/2010 12/31/2010 12/31/2009 CHANGE
Water Sales $8,552,558 $2,260,867 $1,411,172 $1,354,692 66.89%
Sewer Sales 2,718,634 586,789 679,659 722,506 -18.78%
Sewer Installation 7,000 1,800 1,750 1,900 -5.26%
Water Installation 21,000 4,560 5,250 3,870 17.83%
Sewer Tie-on Charges 5,000 3,000 1,250 0 0.00%
Engineering Charges 5,000 0 1,250 4,370 100.00%
Penalties 173,024 73,312 43,256 52,824 38.79%
Miscellaneous 13,000 4,546 3,250 4,677 -2.78%
TOTAL OPERATING INCOME $11,495,216 $2,934,874 $2,146,837 $2,144,838 36.83%
Interest Income $50,000 $2,003 $2,000 $5,640 -64.49%
TOTAL NON-OPERATING INCOME $50,000 $2,003 $2,000 $5,640 -64.49%
TOTAL INCOME $11,545,216 $2,936,877 $2,148,837 $2,150,477 36.57%
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
12/31/2010 12/31/2009 (DECREASE) (DECREASE)
GALLONS OF WATER SOLD 620,587,500 377,846,900 242,740,600 64.24%
NUMBER OF WATER CUSTOMERS 9,020 8,924 96 1.08%
UTILITY FUND EXPENSES
FY 2011
BUDGET
Administration $204,092
Billing 372,114
Operations 9,142,149
Debt Service 835,577
Transfer to General Fund 816,297
TOTAL EXPENSES $11,370,229
EXPENDED YEAR-TO-DATE
THROUGH PROJECTED % OFBUDGET BUDGET
12/31/2010 EXPENSES EXPENDED REMAINING
$49,815 $51,850 24.41% $154,277
89, 871 97, 935 24.15% 282, 243
1,513,526 1,914,453 16.56% 7,628,623
740, 500 740, 500 88.62% 95, 077
0 0 0.00% 816,297
$2, 393, 711 $2, 804, 737 21. 05% $8, 976, 518
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1 Agenda Date: 02/01/2011 Controlling Body: City Council
Requester: Office of the City Agenda No.: PC-4 Final Action:
Secretary
File Name: Discussion of the January 18, 2011 City Council meeting regular agenda items
Attachments:
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Discussion of the January 18, 2011 City Council meeting regular agenda items
City of Colleyville Page 1 Printed on 1/13/2011
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Executive Session
Version: 1 Agenda Date: 01/18/2011
Requester: Office of the City Agenda No.: 1
Secretary
File Name: Executive Session - Legal - January 18, 2011
Attachments:
History of Legislative File
Status: Executive Session
Controlling Body: City Council
Final Action:
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing
or action items on the agenda
Section 551.071 - Legal - Discussion of pending litigation - Rischon Development
Corporation v. City of Colleyville
Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of
Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves
and David Mertz
Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of
Colleyville
Section 551.071 - Legal - Discussion pending litigation - Raman Chandler Properties v. City
of Colleyville
Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation and
duties of the City Manager
Section 551.087 - Economic Development - Discuss and deliberate commercial and
financial information received from business prospects the City seeks to have locate, stay or
expand
City of Colleyville Page 1 Printed on 1/13/2011
RESOLUTION R-11-3310
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
JANUARY 18, 2011
WHEREAS, following discussion in Executive Session, and in full accordance with the
requirements of the Open Meetings Act, the City Council determines that the
following action is in the best interests of the health, safety and welfare of the
public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the following actions of the City Council are hereby adopted and
approved:
a. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS
ON THIS THE DAY OF 2011.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
- ~ s= City Hall
a~~~ =~~~L,~ City of Colleyville 100 Main Street
~'4 Colleyville, Texas 76034
~ ~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number: File Type: Announcements, Status: Announcements,
Proclamations and Proclamations and
Presentations Presentations
Version: 1 Agenda Date: 01/18/2011 Controlling Body: City Council
Requester: Office of the City Agenda No.: 3 Final Action:
Secretary
File Name: Announcements, Proc lamations and Presentations - January 18, 2011
Attachments:
History of Legis lative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of the featured Colleyville business - Knobbies & Slicks, 8100 Precinct Line
Road, Suite 110, Frank (Bud) and Debbie Zarsk, owners
Presentation of award for the City of Colleyville's participation in the Fiscal Year 2009-2010
Metroport Teen Court Program - Kristin White, Metroport Teen Court Coordinator and Karen
Hines, Finance Manager
City of Colleyville Page 1 Printed on 1/13/2011
RESOLUTION R-11-3311
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR CITY
COUNCIL MEETING OF JANUARY 18, 2011
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 January 4,
2011
b. Authorizing the abandonment of a utility easement for Lot 9, Block 4 of
Ashmore Addition, and authorizing the city manager to execute the
agreement
c. Approval of the North Central Texas Major Case Investigative Team
(MCIT) Memorandum of Agreement, and authorize the city manager to
execute the agreement
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS
ON THIS THE DAY OF 2011.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
City of Colleyville
City Council Minutes - Draft
CI~/ COUIICII
Tuesday, January 4, 2011
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on January 4, 2011, at 5:35 p.m.
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan
Hall, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor
David Kelly, City Manager Jennifer Fadden, Assistant City Manager
and Chief Financial Officer Terry Leake, Police Chief Steve Dye,
Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley,
Community Development Director Ron Ruthven, Economic
Development Director Marty Wieder, Library Director Mary Rodne,
Human Resources Manager Elise Welborn, Finance Manager Karen
Hines, Police Officer Raymon Cannon, Colleyville Center Manager
Lin Przybyl, Communications and Marketing Director Mona Gandy,
Parks and Recreation Director Monica Walsh, Strategic Services
Manager Eric Ellwanger, Information Services Manager Chris Pena,
City Attorney Matthew Boyle and City Secretary Cynthia Singleton
were also present.
Councilmember Mike Taylor was absent.
PC-1 Discussion of the establishment of an Architectural Review Commission
Economic Development Director Marty Wieder stated the new Economic
Development Incentive Guidelines and Criteria adopted by City Council
includes a matching grant program and the provision that all applications
related to facade improvements or pole signage removal and
replacement be reviewed by an Architectural Review Commission.
Mr. Wieder spoke regarding the duties of the Architectural Review
Commission and answered questions of the City Council.
Discussion ensued regarding the criteria and agenda for the
Architectural Review Commission, the local interest in serving on the
commission and the scope of duties and responsibilities of the
commission.
City Manager Jennifer Fadden stated the commission would serve as an
advisory body to the City Council and Director Wieder would serve as
the ombudsman to work with the applicants.
City of Colleyville Page 1 Printed on 1/12/2011
City Council
PG2
City Council Minutes - Draft January 4, 2011
Discussion continued regarding the number of inembers, potential
applicants and conflict of interest process and the purpose of an
Architectural Review Commission in other cities.
The City Council determined a discussion item regarding the
establishment of an Architectural Review Commission should be placed
on the January 18, 2011 Pre Council agenda, and a resolution for the
consideration of establishing the commission should be placed on the
January 18, 2011 City Council regular agenda.
Discussion of the January 4, 2011 City Council meeting regular agenda
items
Discussion ensued regarding the provision in the City Council Rules of
Procedures related to the use of City equipment and personnel during
funeral processions for community volunteers.
Assistant City Manager and Chief Financial Officer Terry Leake stated
with the adoption of Ordinance 0-11-1788, the Water and Sewer Policy
and Procedure Manual will provide for increasing the water and sewer
bill to incorporate the Trinity River Authority rate increases for treated
water and sewer. Ms. Leake further stated, due to the current and future
TRA rate increases, the current water and sewer rates do not meet the
required debt coverage ratio of 1.20 or the debt coverage ratio needed
for the approved Capital Improvement Program (CIP), which is required
by the City's bond covenants.
Discussion ensued regarding the timeline for infrastruture improvements
and the SH26 redevelopment project.
City Manager Jennifer Fadden stated TxDOT is waiting to finalize the
right-of-way acquisition in the second quarter of 2011 and when that
process is complete and TxDOT owns all of the property, the franchise
utilities will get underway with the relocations. Some of the utilities, such
as Oncor, Atmos, Verizon and AT&T, do not have construction plans yet
for the utility relocations. At the end of the month, staff will have another
utility relocation meeting with TxDOT. The City's plans are about 95%
complete and the City plans to go into construction and bid the project
concurrently with the franchise utilities to minimize construction and
traffic disruption.
City Manager Fadden spoke regarding the use of an engineering firm for
concurrent projects including the infrastructure assessment and the
Impact Fee Schedule update.
Mayor Kelly adjourned the Pre Council meeting at 6:01 p.m.
City of Colleyville Page 2 Printed on 1/12/2011
City Council
City Council Minutes - Draft January 4, 2011
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly, on January 4, 2011, at 7:35 p.m.
Mayor Kelly wished everyone a Happy New Year and extended
congratulations to Texas Christian University's football team for the Rose
Bowl Championship.
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan
Hall, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor
David Kelly, City Manager Jennifer Fadden, Assistant City Manager
and Chief Financial Officer Terry Leake, Police Chief Steve Dye,
Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley,
Community Development Director Ron Ruthven, Economic
Development Director Marty Wieder, Police Officer Raymon
Cannon, Communications and Marketing Director Mona Gandy,
Strategic Services Manager Eric Ellwanger, Information Services
Manager Chris Pena, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Councilmember Mike Taylor was absent.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues
raised by public hearing or action items on the agenda
Section 551.071 - Legal - Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Section 551.071 - Legal - Discussion of pending litigation - Rahman
Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald
McFadden, Todd Hildebrandt, Scotty Graves and David Mertz
Section 551.071 - Legal - Discussion of pending litigation - Doug
Huseman v. City of Colleyville
Section 551.071 - Legal - Discussion pending litigation - Raman
Chandler Properties v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange,
lease, or value of real property for City facilities
Section 551.076 - Deliberate security personnel, devices and audit
City of Colleyville Page 3 Printed on 1/12/2011
City Council City Council Minutes - Draft January 4, 2011
Section 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business prospects
the City seeks to have locate, stay or expand
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, Real Estate, Section
551.076, Security, 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 6:02 p.m. and
reconvened at 7:35 p.m.
INVOCATION: Pastor Drew Sherman, Compass Christian 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-11-3306
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS PRESENTATIONS
Mayor Kelly recognized Ms. Jan Fisher for service on the Colleyville
Center Advisory Committee.
Ms. Fisher stated she enjoyed serving on the committee.
Mayor Kelly recognized Mr. Steve Dalri for service on the Parks and
Recreation Advisory Board.
Mr. Dalri stated he enjoyed working with Parks and Recreation Director
Monica Walsh and board members.
Mayor Kelly recognized Ms. Joyce Hammill for service on the SH26
Advisory Committee.
Ms. Hammill expressed appreciation for the opportunity to serve on the
committee.
Mayor Kelly recognized Dr. John Vinings for service on the SH26
Advisory Committee.
Mayor Kelly presented a Proclamation to Ms. Kristi Isbell in recognition
as the City of Colleyville Employee of the Year.
City of Colleyville Page 4 Printed on 1/12/2011
City Council City Council Minutes - Draft January 4, 2011
City Manager Jennifer Fadden expressed appreciation to Ms. Isbell for
her dedication and service to the community and the Colleyville Public
Library.
Mayor Kelly presented a Proclamation to Carol Wollin and Barbara Nuss,
Co-Chairs of the Colleyville Garden Club's 50th Anniversary event and
members Barb Boerner, Marietta Kane, Susan Taylor, Joyce Hammill,
Jan Fisher and Mary Beadles, in recognition of the Colleyville Garden
Club's 50th Anniversary.
Ms. Wollin, on behalf of the Colleyville Garden Club (CGC), expressed
appreciation to the City Council and staff for the Proclamation and
special recognition and stated the 50th Anniversary Celebration will be
held January 5, 2011, and include a presentation of the Colleyville
Garden Club's history. Ms. Wollin stated two things stood out during the
research of the Club's history, the benefits of the cooperative ventures
undertaken by the Club and City and the outstanding support of the
community, especially of the annual Promenade Garden Tour.
Mayor Kelly expressed appreciation to the Colleyville Garden Club for
the beautification projects within the City.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3307
4a Approval of the minutes of the regular City Council meeting of December
14, 2010
4b Approval to extend the Interlocal Agreement with the cities of Bedford,
Euless, Keller, Southlake, Grapevine; all members of the Northeast
Trunked Radio System (NETCO) Consortium, and the City of Arlington,
to seek federal grant-funding as a consortium to replace existing public
safety radio systems; and extending the contract with Holland and
Knight, LLP, a funding consultant, on behalf of NETCO, in the amount of
$96,000
Mayor Kelly read Resolution R-11-3307 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Hart moved to approve Resolution R-11-3307.
Councilmember Wollin seconded the motion.
City of Colleyville Page 5 Printed on 1/12/2011
City Council City Council Minutes - Draft January 4, 2011
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 - Mike Taylor
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a 0-11-1788 Amending Section 1, Section 2 and Section 8 of Ordinance 0-89-741
and Sections 3A and 3B of the Water and Sewer Policy and Procedure
Manual of the City of Colleyville by increasing the minimum water bill and
the minimum sewer bill to incorporate Trinity River Authority (TRA) rate
increases on the first 2,000 gallons of water usage included in the
minimum water bill and the first 2,000 gallons of sewer usage included in
the minimum sewer bill and providing for future TRA rate increases to be
passed through on the water and sewer minimum bill usage
Mayor Kelly read the caption of Ordinance 0-11-1788.
Assistant City Manager and Chief Financial Officer Terry Leake reviewed
the Trinity River Authority's water and sewer rates, the history of the
water and sewer rate structure and the proposed water and sewer rates.
Ms. Leake further stated the current water and sewer rates do not meet
the required debt coverage ratio of 1.20 or the debt coverage ratio
necessary for the approved Capital Improvement Program. TRA
provides a five-year outlook and is projecting TRA rates to increase over
the next five years. So the City can have a financially stable utility fund
and meet the City's debt obligations, staff is proposing to include future
TRA rate increases in the first 2,000 gallons of water and sewer usage in
the minimum bill.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Muhm stated the increase in the water and sewer rates
will generate coverage to offset the increase in TRA rates for treated
water and sewer and meet the required debt coverage ratio.
Mayor Kelly stated the water and sewer rate increases highlights the
importance of water conservation and it is predicted, with the area
growth, water will be one of the most valuable commodities and rates will
continue to increase.
City of Colleyville Page 6 Printed on 1/12/2011
City Council City Council Minutes - Draft January 4, 2011
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-11-3308 Approval to amend and replace Resolution R-09-3183, adopting Rules of
Procedure related to Section VIII, Memorials, pursuant to the authority
granted in Section 3.09B of the City Charter and establishing an effective
date
Mayor Kelly read Resolution R-11-3308 in its entirety.
Fire Chief Russell Shelley provided information regarding the proposed
changes to Section VIII, Memorials, related to line of duty deaths as they
pertain to Police Officers and Firefighters in the City.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Mayor Kelly moved to approve Resolution R-11-3308.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 - Mike Taylor
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
8. REPORTS:
Parks and Recreation Advisory Board Minutes - May 3, 2010
Zoning Board of Adjustment Minutes - June 8, 2010
Sign Board of Appeals Minutes - September 14, 2010
Senior Center Advisory Committee Minutes - September 16, 2010
Library Board Minutes - October 11, 2010
There was no discussion of this item.
City of Colleyville Page 7 Printed on 1/12/2011
City Council City Council Minutes - Draft January 4, 2011
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 4,
2011- Reading and Public Hearing - Resolution R-11-3309
This resolution was not needed.
10. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Wollin moved to adjourn and Councilmember Muhm seconded the
motion.
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 - Mike Taylor
Mayor Kelly adjourned the meeting at 8:03 p.m.
APPROVED BY A VOTE OF AYES, NAYS AND
ABSTENTIONS ON THIS THE DAY OF 2011.
Minutes taken and prepared by:
Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyville Page 8 Printed on 1/12/2011
- ~ s= City Hall
a~~~ =~~~L,~ City of Colleyville 100 Main Street
~'4 Colleyville, Texas 76034
~ ~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number: File Type: Resolution Status: Consent Agenda
Version: 1 Agenda Date: 01/18/2011 Controlling Body: City Council
Requester: Engineering Agenda No.: 4b Final Action:
Department
File Name: Authorizing the abandonment of a utility easement for Lot 9, Block 4 of Ashmore Addition, and
authorizing the city manager to execute the agreement
Attachments: Application for the Vacation or Abandonment of a Roadway Easement • Location Map for Lot
9, Block 4 of Ashmore Addition
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Authorizing the abandonment of a utility easement for Lot 9, Block 4 of Ashmore Addition,
and authorizing the city manager to execute the agreement
Explanation
Reading and Public Hearing
Russell Troy, property owner of Lot 9, Block 4, of the Ashmore Addition, submitted an
application for the abandonment of an existing utility easement that crosses his lot (see
attached application). This easement pre-dates the current Ashmore Addition plat and staff
determined that it may be removed without affecting any private or municipal infrastructure .
The easement varies in width with one section being a 5 foot wide utility easement and the
other section being a 15 foot wide drainage and utility easement as shown on the attached
location map. Staff reviewed the application and recommends approval as the easement is
no longer needed.
Financial Impact
There is no financial impact.
Recommendation
Approval
City of Colleyville Page 1 Printed on 1/13/2011
APPLICATION FOR THE VACATION OR ABANDONMENT OF A
DRAINAGE AND UTILITY EASEMENT
<</2/ao~a
ate of Submittal
To the City of Colleyville:
The undersigned hereby makes application to vacate and abandon a portion of the public drainage and / or utility
easement or right-of-way situated on or abutting property at the following location and described by metes and
bounds in Exhibit B of the attached agreement.
~ ~U3 ~r~ff~R~r~- C~~- ~'oL~y~,~C ~~3y
Street Address
t~
Legal Description ~~~~~~ ~~ L O1 ~,_~~~2~
The reason for the vacation and abandonment of the drainage and utility easement is as follows:
`~he es~.sernen-t- l~3 z vv--Fe.v~le~ ~~ a.~x.e.-~dc>~d t,~~.e-^ -~-~ }~I~,.-1-
_ „ .
-fhe ~ra~.r~-y ~
~~
Name m~}C.il.~~~ l`~L~S'r'~ Z~ST ,~USSr2LL G• ZW. ~~J$'~'~C-
Address ~2~~ ~ppL ~( p~t~, J'1~ ~~
City, State~ /~"~V~~ ( x J~~~ ~
ZIP Code V Email
Phone ~~(~-1y8~-(~j~o Fax~~('})y$~" ~~~j`~ (optional)
~ µTr~~ ~ ~~
THE STATE OF TEXAS § Individual Acknowledqment
COUNTY OF TARRANT §
BEFORE M the undersi ned authority, a Notary Public in and for the State of Texas, on this day personally
appeared , known to me to be the person whose name is subscribed to the
foregoing instrument and ackn ledged to me that he executed same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~ day of -~_, 20 ~.
Nota ublic in and for t e t te f Texas
My Co
C V-435 (Juty 2006)
get ~~2" ~s 5 8q' 27'
iran rod ~~
tel. c n 14
. i5o.oo'JSet 1/2°
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~ ~
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~tra,eFormer -- ~ ~ T (p~r plat
25,_' ~. UIL ID NG ~~NE -
(per plot)
z
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z
VACANT L07
2803 I-IIGNGROVE GOURT .~-~ a
~
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APPROXIMATE LOGATION
OF 15' UTILITY t ~ LOT q g
5 ~
DRAINAGE EASEMEN7 ~
ER GRAPNIG SGALE
(!j a~~K 4 ~
?
P
(per plat)
a ~
s
~
LOT SR ~" _ ~
~ ~ ~
Q ~~ A~N~.. ~
? ~/ '~• ~
N
~~ ~j
O
v -~{~~--APPROXIMATE LOGATIO
N t7 a OF 5' UTILITY EASEMENT
Z a V PER GRAPHIG SGALE
Z
Q ~ ~X (per plat)
//
~
~ k~f
VI o,
crt
found ~~2w xt I/2'
~'r~~~ found I/2° iron rod
-~' -~, Iron rod •~.. °;' r fourd I/:
131.2G' IL L~ 8q 17
NOTES~
C'M :
IS NOT AI
=NT, VOL.
:NT, VOL.
=NT. VOL.
~S
LOT 1 ~
, found I/2" ~ound I/2°
7,' iron ro iron rod~
~ 125.00'
u
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47'
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INK. 'SCALG IN rlET
r~ ~~ ~o~i M
F~LL JL I ir~vi~ i~vv.r .... .. . ~. ._ .._ . -...
THIS IS TO DECLARE thet on thia date a aurvey was mede on the around, under my direction and supervialon ot
the pro ,
;-, Texae, aeoording to the plat recorded in Cabinet A, Slide 3935, Deed Records of Tarraa
County, Texas.
There are no visible conflicts or protrusiona, except as shoxn.
The subject property doas not appear to lie withln the llmits.ot n 100-yenr tlood haznrd zone necordinQ to the
48439C0115hK, dat d 3EPTEMBER 26,82009. Y The s atemeat thatalha prope iyndow~ oradoes not lie within aQ No.
100-year Ilood zone ia not to ba taken as s representatioa thnt thm property Mrill or will not flood: This aurvey
is not to be used for conatruction purpoaea nnd is for the exclusive uae of the hereon nnmed purchaser,
mortgage campany, and tltle company only nnd this survey [s made puraunnt to that one cartsin tiUe
commitment under the GF number shovm hereon, provided by the Utle company named hereon and that on this
date the easements, righta-of-way or other locntable mntters ot record of which the undecsiQned has knowledge
or has been advisad are aa ahown or noted hereon. Th1s survay is aubject to any and all covenants and
restr[ctions of record ertainin to the recorded lat.
DATE: 07/90/10 'fE~H: A[ ~~~ M
DATE: FtELD DATE: 07/2B/10 JOH N0: 230-2147
REVISED: 08/05/10
ACCEPTED HY: ~~
~~ '°~ y/~.UU~...•~:l"Fr:`8~0.15r,T:.
~ i ~~~ROV~ cou
(50' R.O.W.)
~ BY TNE FOLI.OWING:
PG. 24q, D.R.T.G.T.
'G. 241, VOL. 13209, PG. 180, D.R.T.C.T.
PG. 453, P.R.T.G.T.
Pc_ 2258. D.R.T.G.T.
GF N0. 10-02232
1(AP3C0 N0: 40-L
gATTIKIN TCfIE COYPANY
- ~ s= City Hall
a~~~ =~~~L,~ City of Colleyville 100 Main Street
~'4 Colleyville, Texas 76034
~ ~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number: File Type: Resolution Status: Consent Agenda
Version: 1 Agenda Date: 01/18/2011 Controlling Body: City Council
Requester: Police Department Agenda No.: 4c Final Action:
File Name: Approval of the North Central Texas Major Case Investigative Team (MCIT) Memorandum of
Agreement, and authorize the city manager to execute the agreement
Attachments: MCIT Memorandum ofAgreement.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Approval of the North Central Texas Major Case Investigative Team (MCIT) Memorandum
of Agreement, and authorize the city manager to execute the agreement
Explanation
Reading and Public Hearing
The Bureau of Justice Assistance (BJA) has initiated a pilot program to bring investigative
resources from Tarrant, Denton, Parker, Ellis, Wise, and Johnson counties and the Texas
Rangers together to investigate high profile criminal offenses, such as homicides and
kidnappings, which occur in areas of overlapping or adjacent jurisdictions. This cooperative
effort is known as the North Central Texas Major Case Investigative Team (MCIT), and will
allow the concentration of investigative resources beyond the current capabilities of any
individual agency. The MCIT would not be an ongoing task force, but instead a
multi-jurisdictional group of highly trained investigators with prosecutorial assistance that is
more limited in scope, and comes together only when a crime of serious magnitude occurs .
The BJA will provide the seed money and cover initial and ongoing training costs, and the
MCIT will be staffed and governed by members of local county and municipal police
agencies.
In February 2010, the Colleyville Police Department was approached regarding interest in
joining the MCIT. Upon further analysis of the MCIT by police department staff, the
following benefits were recognized toward increasing the efficient and effective delivery of
police services to the citizens of Colleyville:
• Resource Concentration - A large number of trained investigators focus on a single
investigation. Agency administrators are able to utilize additional resources for a
more effective investigation that will increase safety in the community.
City of Colleyville Page 1 Printed on 1/13/2011
Aaenda Briefinp Continued
• Effectiveness - MCIT squads should produce higher clearance rates than seen with
single jurisdiction investigations due to increased staffing and enhanced resources.
• Efficiency - The Colleyville Police Department will be able to more quickly and
comprehensively respond to serious criminal offenses and use the MCIT as a force
multiplier.
• Networking - The periodic interaction with other MCIT Investigators will promote
relationships that can be utilized on other types of investigations (i.e., property
crimes).
• Preparedness - Inclusion in the MCIT will demonstrate an enhanced state of
readiness to respond to high profile crimes, which will increase community
confidence in the Colleyville Police Department.
On December 7, 2010, the Tarrant County Commissioners authorized the Tarrant County
Criminal District Attorney's Office to participate in the MCIT as the coordinating agency,
which was the first step in the formalization of a MCIT for North Central Texas. The MCIT
Board of Directors will consist of the following:
• The Tarrant County Criminal District Attorney - Chief Executive of the
Coordinating Agency
• The Sheriffs of Denton, Ellis, Johnson, Parker, Tarrant, and Wise counties
• The Major of Company B, Texas Rangers
• Tarrant County Police Chiefs from cities with population over 100,000 (two
members)
• Tarrant County Police Chiefs from cities with population under 100,000 and over
20,000 (three members)
• Tarrant County Police Chiefs from cities with population under 20,000 (three
members)
Participation in the MCIT is voluntary, and each participating agency will agree to dedicate
at least one investigator for training, organizational and preparedness meetings, and
response to a call for assistance from MCIT staff.
Deployment of a response team will follow a request from a participating agency's chief
executive, and a MCIT Incident Commander will subsequently be designated to work with
the requesting agency liaison. Participating agencies will agree to deploy their investigators
for a minimum of five working days or conclusion of the investigation, whichever is less .
Should deployment be needed for more than five days, an extension will be requested
through the MCIT Coordinator. Participating agencies will operate under the attached
Memorandum of Agreement, which is authorized in Chapter 791 of the Texas Government
Code and Chapter 362 Texas Local Government Code. Participating agencies may
withdraw from this agreement at any time with 30 days written notice to the MCIT Board of
Directors.
The BJA is in the process of forming several other MCIT organizations across the country ,
but it appears that the North Central Texas MCIT will be the first to begin operations. At this
point, 43 agencies have committed to the North Central Texas MCIT and 115 investigators
have received initial training on the MCIT concept, which is very similar to the Child
Abduction Response Team (CART) concept. This high level of MCIT participation will
City of Colleyville Page 2 Printed on 1/13/2011
Apenda Briefinp Continued
ensure that MCIT participating agency resources are not overtaxed in responding to
callouts.
Financial Impact
Participating agencies will be responsible for their respective investigator's salary and
benefits while deployed, as well as the provision of a vehicle. Participation in the North
Central Texas MCIT will not require any initial or recurring payments for equipment and
training costs, as those expenses will be funded by the BJA.
Recommendation
Approval
City of Colleyville Page 3 Printed on 1/13/2011
NORTH CENTRAL TEXAS MAJOR CASE INVESTIGATIVE TEAM
Memorandum of A~reement
1. Purpose:
The below subscribed law enforcement agencies have joined together in a mutti-jurisdictional effort
to concentrate investigative resources in the event of a major crime. This initiative will be named
the North Central Texas Major Case Investigative Team. The purpose of this agreement is to provide
the foundation for the organization, administration, and operation of the North Central Texas Major
Case Investigative Team (MCIT).
2. Definitions:
The terms listed in this section shall have the following meanings when used in this agreement:
"Participating Agency' means any law enforcement agency that is a party to this agreeme~nt.
"Coordinating Agency" means the participating agency designated to maintain the
aciministrative and financial records related to the.MCIT. Additionally, the Coordinating Agency
facilitates training and the acquisition of needed equipment for the MCIT.
"Chief Executive" means the highest ranking member of an agency participating in the MCIT.
This would include the Tarrant County Criminal District Attorney, Sheriffs of a County, the Chief
of Police or Director of Public Safety of a municipality, and the Major of Company E!, Texas
Rangers.
"Member or Participant" means any law enforcement officer or support person employed by a
participating agency and designated by the agency's Chief Executive, or his designee, to
participate in the MCIT.
"Requesting Agency' means a participating agency who requests the assistance of the MCIT in
responding to a serious incident in its jurisdiction.
"Response Team" means the MCIT participants designated to respond to a MCIT activati~~n.
"MCIT Coordinator" mr~ns the person appointed to carry out th~~ MCIT Board's directives
relating to the oversight, coordination, and support of MCIT operations. The MCIT Coorclinator's
duties are generally administrative in nature. The MCIT Coordinator may assume supervision of
operational duties as requested by the Board of Directors.
"MCIT Incident Commander" means the person designated to manage the operational activities
of a MCIT activation. This person may be designated on a case-by-case basis.
i
"Requesting Agency Liaison" means the person assigned to represent the requesting agency by
that agency's Chief Executive, or his/her designee. This person will work closely with the MCIT
Coordinator and Incident Commander to ensure that the Requesting Agency is inforrned and
involved in every aspect of the MCIT operation.
3. Authority:
The statutory authority for this mutual aid agreement is contained in Chapter 791 of the Texas
Government Code and Chapter 362 of the Texas Local Government Code. Nothing within this
agreement is intended to change that authority.
4. Administration:
The North Central Texas Major Case Investigative Team will be administered by a Board of Directors
made up of the Chief Executives of agencies providing personnel to the MCIT. The Tarrant County
Criminal District Attorney's Office will act as the MCIT Coordinating Agency.
The makeup of the Board will be:
- The Tarrant County Criminal District Attorney- Chief Executive of the Coordinating
Agency
y The Sheriffs of Denton County, Ellis County, Johnson County, Parker County, Tarrant
County and Wise County
y The Major of Company B, Texas Rangers
- Tarrant County Police Chiefs from cities with population over 100,000 (2 members)
Y Tarrant County Potice Chiefs from cities with population under 100,000 and over
20,000 (3 members)
- Tarrant Co,.,nty Police Chiefs from cities with population under 20,000 (3 members)
The Board of Directors will meet annually, or as required. Correspondence concerning the MCIT
should be addressed to:
North Central Texas Major Case Investigative Team
Tim Curry Criminal Justice Center
401 West Belknap Street
Fort Worth, Texas 76196-0201
Attn: Board of Directors
5. Primary Goal and :5tatement of Cooperation to be Rendered:
~}„ ~ vr ~:r, s~ ~,~<~~.i1 „a~:~~~~ ~~rir~~:c~ ~a~ a=l'1~1~' X~9lr1T iw 'lr'~ ~~rrt'ar,rr'~f~~ :~ ~1Ei115 fdf Sj~F'C7~1~~1/ ~l'~llf~t'Q~ IT1'~lL'5~1~'e"1t~L1TS af1C~
support staff that allows for the concentration of investigative resources beyond the cap~~bilities of
~
any individual agency. A large number of trained investigators focusing on a single investigation
allow participating agency administrators to organize rapid and more comprehensive responses to
events of great concern to local communities.
To provide for voluntary cooperation, each of the participating agencies hereby approves and enters
into this agreement whereby each of the agencies may request and render law enforcement
assistance to the MCIT participating agencies, in dealing with violations occurring in their
jurisdictions.
Each MCIT member agency agrees to dedicate at least one investigator for training, organizational
and preparedness meetings, and response to a call for assistance from MCIT staff.
6. Standard Operating Procedures:
The MCIT Coordinator shall be responsible for drafting and maintaining written Standard Operating
Procedures (SOP) governing important matters of the MCIT, to include qualifications, activations,
protocols and notifications. The MCIT Board of Directors will be responsible for the adoption and
any revisions of the SOP.
7. Initial Deployment:
The deployment of a response team will follow a request from a participating agency's chief
executive, or a designated representative, made to the MCIT Coordinator or a member of the MCIT
Board of Directors. The requesting agency will designate an agency liaison to work with the MCIT
Incident Commander to oversee the investigation. The requesting agency will remain actively
involved in the investigation working closely with the MCIT Coordinator and MCIT Incident
Commander through the Requesting Agency Liaison.
The parties to this agreement stipulate that in the event that a significant investigati~e or
jurisdictional dispute should arise, the issue will immediately be forwarded to the MCIT Board of
Directors by the requesting agency chief executive or his/her designee, if the issue cannot be
resolved immediately by the MCIT Incident Commander and/or the MCIT Coordinator.
The MCIT Coordinator will be responsible for contacting the members of the response t:eam and
giving them the initial deployment location, after consultation with the designated MCIT~ Incide++t
Commander and Requesting Agency Liaison.
The parties to this agreement stipulate that they will allow their MCIT participant to respond to the
MCIT deployment for a minimum of five (5) working days or the conclusion of the deployment
whichever is less. Should the deployment require a commitment for lor~~err than thre ~ive (5) wurkirTg
,; ~~,,~ p.~r~T P"~s:-~rrlin~+r~~r ;~~~~II ;r,~;~:e ~n evtrn€inn rr-q~sr~~t tn t4~~ St~~rs~ c~f ~ire~t[~rs and the MUT
Investigator's home agency will be notified of the extension.
3
8. Withdrawal from Response:
The Chief Executive, or his/her designee, may discontinue the participation of his/her employee in
any activity initiated pursuant to this agreement.
9. Equipment:
The parties to this agreement stipulate that they will provide a vehicle for their investigator(s) along
with their regular work and safety equipment assigned to them.
The agency requesting assistance from the MCIT shall provide a suitable place for the team to meet
and do their work. Telephone, computers, and network connections shall be made available to the
team.
All participating agencies agree that equipment purchased with funds made available for the specific
use of the MCIT shall be under the care, custody, and control of the MCIT Coordinating Agency. If
and when the North Central Texas Major Case Investigative Team initiative is terminated,
equipment may be subject to equitable sharing to the participating agencies upon writteri request
and subsequent approval of the MCIT Board of Directors.
10. Qualification of Office and Oath:
The qualifications of office of participating agencies members shall constitute his or her
qualifications for office within the territorial limits of the requesting agency and no additianal oath,
bond, or compensation shall be required.
11. Right to Reimbursement:
Each party to this agreement, when providing services of personnel as a responding member,
expressly waives the right to receive reimbursement for services performed or equipment utilized
under this agreement even though a request for such reimbursement may be made pursuant to
Chapter 362 of the Texas Local Government Code.
12. Officer Benefits:
Any member of a participating agency assigned to the assistance of another participating agency
pursuant to this agreement shall receive the same wage, salary, pension, and all other
compensation in all other rights of employment in providing such service, including injury, death
benefits and worker compensation benefits as well as any available insurance, indemnity or
litigation defense benefits. Said benefits shall be the same as though the member in question had
~. ;~1 Y:,n~r'rr•fIorL, =.r-f,~ir.Ft :r,•It~'llfl #'Pt~~ '!tr'rl#slrl.~l ~II'Ylltc ;'iff 4}"1E~ a?p11~'~,1 ~Vf1~f~ ~"t4 [3Y St1E' IS r~~?~~larly
employed. All wage and disability payments, including worker compensation benefits, pension
a
payments, damage to equipment, medical expenses, travel, food and lodging shall be paid by the
agency which regularly employs the member providing service pursuant to this agreement in the
same manner as though such service had been rendered within the limits of the agency where such
person is regularly employed. Each responding participating agency shall remain responsible for the
payment of salary and benefits as well as for legal defense of the responding agency's personnel
when acting pursuant to this agreement.
13. Liability:
In the event that any person performing law enforcement services pursuant to this agreement shall
be named or cited as a party to any civil claim or lawsuit arising from the performance of their
services, said person shall be entitled to the same benefits from their regular employer• as they
would be entitled to receive if such similar action or claim had arisen out of the performanc~ of their
duties as a member of the agency where they are regularly employed and within the jurisdiction of
the agency by whom they are regularly employed. The participating agencies hereby agree and
covenant that each agency shall remain solely responsible for the legal defense and any legal liability
due to the actions of an officer or other personnel regularly employed by said agency. Nothing
herein shall be construed to expand or enlarge the legal liability of a participating agency for any
alleged acts or omissions of any employee beyond that which might exist in the absenc:e of this
agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature
whatsoever to any claim against a participating agency or against an officer or employee of a
participating agency.
14. Waiver of Claims:
Each party to this agreement and its participating members respectively waives all claims against
each and every other party or member for compensation from any loss, damage, personal injury or
death occurring as a consequence of the performance of this agreement even though such alleged
damage may have or is alleged to have occurred as a result of alleged negligent or other tortuous
conduct of any party to this agreement.
15. Immunity Not Waived:
The parties hereto expressly do not waive any immunity or other defenses to any civil claims with
the execution of this agreement. It is understood and agreed that, by executing this agreement, no
party or member hereto waives, nor shall be deemed hereby to waive, any immunity or defense
which otherwise is available in claims arising which are in connection with any activity conducted
pursuant to this agreement.
s
16. Venue:
Each party to this agreement agrees that if legal action is brought under this agreement, the venue
shall lie in the count;f in which the defendant member is located, and if located in more than one
county, then it shall lie in the county in which the principal offices of said defendant member are
located. The Parties N~ereby stipulate and agree that this agreement is to be construed ancl applied
under Texas law.
17. Arrest Authority Out~ide Primary Jurisdiction:
It is expressly agreeci and understood that a law enforcement officer employed by a participating
agency who perforfins activities pursuant to this agreement may make arrests outside the
jurisdiction in which said officer is regularly employed, but within the area covered by this
agreement; providec~, however, that the law enforcement agency of the requesting jurisdiction
and/or the jurisdiction in which the arrest is made shall be notified of such arrest without
unreasonable delay. The peace officers employed by the parties to this agreement shall have such
investigative or other law enforcement authority in the jurisdictional area encompassed by the
participating agenci ~~~, collectively, to this agreement as is reasonable and proper to accorroplish the
purposes for which a request for mutual aid assistance is made pursuant to this agreement.
18. Clauses Severable:
The provisions of thi5 agreement are to be deemed severable such that should any one or more of
the provisions or tea ms contained in this agreement be, for any reason, held to be invalid, illegal,
void, or unenforcea~~le; such holding shall not affect the validity of any other provision or term
herein and the agr~~ement shall be construed as if such invalid, unenforceable, illegal or void
provision or term dic~ not exist.
19. Media Releases:
The responsibility f~~r media releases rests with the agency whe~e the offense occurred. The
designated Public Information Officer by that jurisdiction shall work closely with the supervisors of
the MCIT and information will not be released to the media without the supervisors from the MCIT
approving the cont=.=nt in regards to its potential consequences on the successful outcome of the
case. Final authority ~or all media releases is retained by the requesting agency's chief executive.
20. Property and Evidence:
All property and evic:3ence, including currency, seized in connection with state violations pursuant to
this agreement will t~e processed and maintained by the requesting agency or as otherwise agreed.
6
21. Equitable Sharing:
Any property seized as a direct or indirect result of a MCIT activation that is considered contraband
subject to forfeiture aroceedings pursuant to Chapter 59 of the Texas Code of Criminal Procedure
(CCP) will be handled in accordance with any prior Chapter 59 Forfeiture Agreements ente~red into
by the Tarrant County Criminal District Attorney and each of the participating agencies. If no such
agreement exists, th~n the parties to this agreement agree to handle said property in accordance
with Chapter 59 of thr~ CCP.
22. Procedures for Review and Revision of this Agreement:
Review of this agreement shall be made by the Board of Directors as required. The ~3oard of
Directors shall meet annually, or as otherwise needed, to evaluate the results and merits of this
multi-jurisdictional efFort. Any revisions or decisions regarding the operation of the MCIT shall be by
a majority of votes cast by the Board of Directors in attendance at the called meeting.
23. Termination of Agre~ment:
Any party to this agraement may terminate its participation or rights and obligations as a party by
providing thirty (30) ~iays written notice to the Board of Directors at the address listed in Section 4
of this agreement. tiuch termination or withdrawal shall have no effect upon the ri~hts and
obligations of the rer~laining parties under this agreement.
24. Effective Date:
This agreement becomes effective immediately upon execution by the parties hereto and c:ontinues
to remain in effect until terminated pursuant to Section 23 above. This agreement may be
duplicated for disser~aination to all parties, and such duplicates shall be of the same force and effect
as the original.
25. Modification:
This agreement may be amended or modified by the mutual agreement of the parties hereto in
writing to be attached to and incorporated into this agreement. This instrument contains the
complete agreement of the parties hereto and any oral modifications, or written amendments not
incorporated to the ~~reement, shall be of no force or efFect to alter any term or condition herein.
26. Execution of Agreement:
This agreement shall be executed by the duly authorized official of the respective parties pursuant
}:.~~~rrr ~ i€°i~ t~.;~~~r~~c~ul: ~f Y}l~% j~c's>>:~rninr•. 4~nr1;~ nf 4ha ra~nnCtive ~.tt?it~ t~f ~ocal ~c~v~rnmQrit. Copies
7
of said approving resolutions shall be attached hereto and made a part hereof. This agreement may
be executed in multiple original copies by the respective Parties.
27. Compliance with Law:
The Parties shall observe and comply with all applicable Federal, State and Local laws, rules,
ordinances and regulations that affect the provision of services provided herein.
28. Coordinating Agency:
The parties hereby a~ree that the Tarrant County Criminal District Attorney's Office shall serve as
the C~~rdinating A~~•ncy of this ~pre?ment. The Tarrant C~unty Criminal District Attorney's Office
shatl maintain on file executed originals and any future modifications to this agreement.
th
Executed and entered into this the 7 day of ~p,~em h~~e , 2010 by:
TARRANT C.C1U~lTY ~RIIVIINAI QISTRICT ATTORNEY'S OFFICE
- ~'~- ~..
~~
~
.li7~y ~ ~r~r~t~n Jr
'i~7fr~t Lc~uniy L`ri~r~inal ~ist~~~t Ait~rnc:y
TARRANT COUNTY, TEXAS
~-
~~ y_
__~ _- f'~ r -
Assistant Uistrict At ne ~
`By law, the OistricY Attorney's Office may only advise or approve contrects or legal
documents on behalf of its clients. It may not advise or approve a contract or legal
document on behalf of other parties. Our review of this document was conducted
solely from the legal perspedive of our client. Our approval of this document was
offered solely for the benefrt of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective attorney(s~.
APPROVED AS TO FORM*:
APPROVAL OF MCIT MEMORANDUM OF AGREEMENT:
TARRANT COUNTY SHERIFF'S OFFiCE
~
~I~ ~ 1
/~
Dee Anderson Date
Tarrant County Sheriff
APPROVAL OF NORTH CENTRAL TEXAS MAJOR CASE INVESTIGATIVE TEAM MEMORANDUM
OF AGREEMENT:
Executed and entered into on this day of
CITY OF COLLEYVILLE
Jennifer Fadden
City Manager
Steve Dye
Chief of Police
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM:
Matthew C. G. Boyle
City Attorney
2011
Approved by Resolution No.
File Number: 0-11-1788
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: 0-11-1788
File Type: Ordinance
Status: Second Reading
Version: 1
Requester: Office of the City
Manager
Agenda Date: 01/18/2011
Agenda No.: 5a
Controlling Body: City Council
Final Action:
File Name: Amending Section 1, Section 2 and Section 8 of Ordinance 0-89-741 and Sections 3A and 3B
of the Water and Sewer Policy and Procedure Manual of the City of Colleyville by increasing the
minimum water bill and the minimum sewer bill to incorporate Trinity
Attachments: FY 2011-2015 Utility Rate Plan - Wthout TRA Rate Increase Pass Through - Exhibit A.pdf •
FY 2011-2015 Plan - Pass Through of TRA Rate Increases Including Minimum Bill Gallons -
Exhibit B.pdf • Ordinance 0-89-741.pdf • Water and sewer rate comparison of surrounding
cities.pdf • Ordinance 0-11-1788.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/04/2011 City Council
1 01/18/2011 City Council
Title
Amending Section 1, Section 2 and Section 8 of Ordinance 0-89-741 and Sections 3A and
3B of the Water and Sewer Policy and Procedure Manual of the City of Colleyville by
increasing the minimum water bill and the minimum sewer bill to incorporate Trinity River
Authority (TRA) rate increases on the first 2,000 gallons of water usage included in the
minimum water bill and the first 2,000 gallons of sewer usage included in the minimum
sewer bill and providing for future TRA rate increases to be passed through on the water
and sewer minimum bill usage
Explanation
Second Reading and Public Hearing
There were no speakers regarding this item during the January 4, 2011 City Council
meeting.
First Reading and Public Hearing
During the discussion of the Fiscal Year 2010 (FY 2010) Trinity River Authority (TRA) pass
through rate increase at the November 4, 2009 Pre Council meeting, City Council requested
that future water and sewer rates be set with a long term perspective to financial stability.
At the August 5, 2010 City Council Fiscal Year 2011 (FY 2011) budget worksession, a five
year rate plan was presented incorporating future rate increases from TRA, the sole
provider of the City's treated water and sewer. Also presented, were various options for
City of Colleyville Page 1 Printed on 1/13/2011
Aaenda Briefinp Continued (0-11-17881
future rate restructuring, such as increasing the minimum bill, removing the first 2,000
gallons of free usage from the minimum bill and implementation of a tiered rate structure .
As a part of the FY 2011 budget discussion, staff informed the City Council a rate increase
would be necessary in the event TRA's FY 2011 rates were greater than those in the City's
current rate structure. TRA did increase their FY 2011 rates for treated water and sewer by
$0.05 and $0.10, respectively. Ordinance 0-89-741, allows water and sewer rate increases
by TRA to be passed through to customers by adoption of a resolution. At the December 7,
2010 Pre Council meeting, a five year rate plan was presented to the City Council, which
incorporated TRA's annual projected rate increases through FY 2015 and the future annual
TRA pass through rate increases necessary to meet the required utility bond covenants.
The major cost component of the Utility Fund is the treated water and sewer purchased
from TRA at 64 percent of the FY 2011 budget. In FY 2010, TRA charged the City $2.27
per 1,000 gallons for treated water and $1.53 per 1,000 gallons for treated sewer. The FY
2010 TRA rates are those upon which the City's current water and sewer rate structure is
based. Over the next five years, TRA projects the cost for treated water to increase to
$2.53 per 1,000 gallons and the cost for treated sewer to increase to $2.15 per 1,000
gallons, an increase of $0.26 and $0.62, respectively over current rates. Per TRA, these
increases are projected to cover forecasted increased costs for chemicals and debt service
for future proposed debt issuances to fund federal environmental mandates and
replacement of aging infrastructure.
Exhibit "A" is a five year projection of utility fund expenses and coverage for FY 2011-2015
under the current rate structure. Due to the current and future TRA rate increases, the
current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the
debt coverage ratio needed for the approved Capital Improvement Program (CIP). This
coverage ratio is required by the City's bond covenants. For FY 2011, the projected debt
coverage ratio is 1.15 and does not meet the 1.20 debt coverage ratio required by utility
bond covenants. When the debt coverage ratio is not met, the rating agencies can
downgrade the ratings on existing revenue bonds and future bonds cannot be sold until the
coverage ratio is met.
Additionally, Colleyville's minimum bill of $12.00 and $8.60 for water and sewer,
respectively, has been in effect since October 1, 1989 (FY 1990) and it includes the first
2,000 gallons of water and sewer at no additional charge to the customer. The minimum bill
should include administrative costs, billing costs, debt service for infrastructure replacement
and third party water and sewer treatment cost (e.g. 2,000 gallons), if included in the
minimum bill. In Fiscal Year 1990, the cost of the first 2,000 gallons to TRA was 26 percent
of the minimum water bill and 14 percent of the minimum sewer bill. For Fiscal Year 2011,
the cost of the first 2,000 gallons to TRA is 39 percent of the minimum water bill and 38
percent of the minimum sewer bill. For Fiscal Year 2015, the cost of the first 2,000 gallons
to TRA climbs to 42 percent of the minimum water bill and 50 percent of the minimum sewer
bill. The continual annual increases from TRA lessen the ability to fund replacement of the
City's aging system infrastructure through the minimum bill. It is due to these continued
annual cost increases from TRA, that most cities have eliminated the first 2,000 gallons of
usage from the minimum bill, so they may provide funding for replacement of their own
system infrastructure.
City of Colleyville Page 2 Printed on 1/13/2011
Aaenda Briefinp Continued (0-11-17881
At the December 7, 2010 Pre Council meeting, City Council discussed the option of
removing the first 2,000 gallons of usage included in both the minimum water and sewer bill.
The monthly increase to the customer would be $11.30 under this scenario. At the
December 14, 2010 meeting, an alternate rate proposal was presented to City Council, in
which TRA water and sewer rate increases would be passed along on both the first 2,000
gallons of usage included in the minimum bill and all usage above 2,000 gallons. The
existing Ordinance 0-89-741 does not include a provision to pass through TRA water and
sewer rate increases on the first 2,000 gallons of usage included in the minimum bill.
Exhibit "B" is a five year projection of utility fund expenses and coverage for FY 2011-2015,
under the proposed rate structure of future water and sewer TRA rate increases also being
passed through on the first 2,000 gallons of water and sewer usage included in the
minimum bill. The proposed monthly increase to a customer with average usage of 15,000
gallons of water and 10,000 gallons of sewer would be $1.75. This rate proposal would
provide financial stability by keeping the utility coverage ratio above 1.20. City Council
directed staff to bring forward, at the January 4, 2011 City Council meeting, an ordinance
incorporating the FY 2011 TRA pass through water and sewer rate increase into the first
2,000 gallons of usage included in the minimum bill, which would be a monthly increase of
$0.10 and $0.20 for water and sewer, respectively, and passing through future TRA rate
increases in the minimum bill. Additionally, City Council directed staff to bring forward a
resolution at the January 18, 2011 City Council meeting passing through the FY 2011 TRA
water and sewer rate increases of $0.05 and $0.10, respectively, on all monthly usage
above 2,000 gallons, as authorized by the attached Ordinance 0-89-741.
Attached is proposed Ordinance 0-11-1788, which increases the current monthly minimum
water bill from $12.00 to $12.10 and increases the current monthly minimum sewer bill from
$8.60 to $8.80, incorporating the 2011 TRA rate increases of $.10 on the first 2,000 gallons
of water usage and $.20 on the first 2,000 gallons of sewer usage. Also included in the
ordinance is the provision that the pass through of TRA water and sewer rate increases, by
adoption of a resolution, also include the first 2,000 gallons of usage included in the
minimum bill.
As a point of reference, the cities of Bedford, Euless, Hurst and North Richland Hills have
increased their water and sewer rates for the FY 2011 budget. Per the attachment, Water
and Sewer Rate Comparison of Surrounding Cities, Colleyville citizens would pay $16.26
less than the average of the surrounding cities for 15,000 gallons of water and 10,000
gallons of sewer under this rate proposal.
Financial Impact
The increase of the monthly minimum water bill from $12.00 to $12.10, the increase of the
current monthly minimum sewer bill from $8.60 to $8.80 and the pass through of future TRA
water and sewer rate increases generate sufficient coverage to offset the increase in TRA
rates for treated water and sewer.
Recommendation
Approval
City of Colleyville Page 3 Printed on 1/13/2011
FIVE YEAR PROJECTION OF UTILITY FUND EXPENSES/COVERAGE FY 2011 - FY 2015
WITHOUT PASS THROUGH OF TRA RATE INCREASES
ASSUMPTIONS: 70 NEW WATER/SEWER CUSTOMERS ANNUALLY
FISCAL YEAR
AVERAGE ANNUAL WATER CUSTOMERS
AVERAGE MONTHLY USAGE
AMOUNT DERIVED FROM MINIMUM BILL
AMOUNT DERIVED FROM VOLUME CHARGE
AVERAGE ANNUAL SEWER CUSTOMERS
AVERAGE MONTHLY USAGE
AMOUNT DERIVED FROM MINIMUM BILL
AMOUNT DERNED FROM VOLUME CHARGE
OPERATING REVENUE
WATER SALES
CUMULATIVE TRA PASS-THROUGH WATER RATE INCREASE
SEWER CHARGES
CUMULATIVE TRA PASS-THROUGH SEWER RATE INCREASE
WATER INSTALLATION
SEWER INSTALLATION
ENGINEERING AND DEVELOPMENT
PENALTY
SEWER TIE ON REVENUE
MISC REVENUE
TOTAL OPERATING REVENUE
OPERATING EXPENSES:
ADMINISTRATION
BILLING
OPERATIONS
TRA WATER
TRA SEW ER
OPERATING TRANSFER
TOTAL OPERATING EXPENSES
OPERATING INCOME
PLUS NON-OPERATING REVENUE (INT INC)
NETINCOME
CALCULATION OF AMOUNT AVAILABLE FOR DEBT COVERAGE:
ANNUAL DEBT SERVICE
2002 REFUNDING SERIES
2004 REFUNDING SERIES
2010 REFUNDING BOND ISSUE
TOTAL ANNUAL DEBT SERVICE
AMOUNTAVAILABLE FOR COVERAGE RATIO
AMOUNT NEEDED FOR COVERAGE RATIO
TARGET COVERAGE RATIO-CIP PROGRAM
AMOUNT UNDER CIP TARGET
TARGET COVERAGE RATIO
ACTUAL COVERAGE RATIO
PASS THROUGH TRA RATE INCREASES
ANNUAL PASS THROUGH TRA WATER INCREASE - PER 1,000 GALLON
CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES
ANNUAL PASS THROUGH TRA SEWER INCREASE - PER 1,000 GALLON
CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES
2011 2012 2013 2014 2015
9, 021 9, 091 9,161 9, 231 9, 301
21,168 21,168 21,168 21,168 21,168
$1,299,024 $1,309,104 $1,319,154 $1,329,264 $1,339,344
$7,232,966 $7,289,091 $7,345,217 $7,401,342 $7,457,467
EXHIBIT A
8,398 8,468 8,538 8,608 8,678
10,100 10,100 10,100 10,100 10,100
$866,674 $873,898 $881,122 $888,346 $895,570
$1,771,340 $1,786,104 $1,800,869 $1,815,634 $1,830,398
$8,531,990 $8,598,195
$0 $0
$2,638,013 $2,660,002
$0 $0
$21,000 $21,000
$7,000 $7,000
$5,000 $5,000
$167,550 $163,873
$5,000 $5,000
$13,000 $13,000
$8,664,401
$0
$2,681,991
$0
$21,000
$7,000
$5,000
$170,196
$5,000
$13,000
$8,730,606 $8,796,811
$0 $0
$2,703,979 $2,725,968
$0 $0
$21,000 $21,000
$7,000 $7,000
$5,000 $5,000
$171,519 $172,842
$5,000 $5,000
$13,000 $13,000
$11,388,553 $11,478,070 $11,567,587 $11,657,104 $11,746,621
$204,092 $208,174 $212,338 $216,584 $220,916
$372,114 $379,556 $387,148 $394,891 $402,788
$1,868,203 $1,872,927 $1,910,385 $1,948,593 $1,987,565
$5,528,531 $5,489,780 $5,684,509 $6,044,945 $6,203,804
$1,692,257 $1,826,750 $2,040,285 $2,210,251 $2,304,394
$816,297 $893,600 $900,656 $907,711 $914,767
$10,481,494 $10,670,787 $11,135,320 $11,722,975 $12,034,234
$907,059 $807,283 $432,267 -$65,871 -$287,613
$50,000 $50,000 $50,000 $50,000 $50,000
$957,059 $857,283 $482,267 -$15,871 -$237,613
$247,688 $249,288
$199,338 $202,624
$383,026 $381,100
$830,052 $833,012
$957,059 $857,283
$996,062 $999,614
$1,230,052 $1,233,012
-$272,992 -$375,729
1.20 1.20
1.15 1.03
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0
$195,723
$632,100
$827,823
$482,267
$993,388
$1,227,823
-$745,556
1.20
0.58
$0.00
$0.00
$0.00
$0.00
$0 $0
$198,673 $0
$620,500 $490,100
$819,173 $490,100
-$15,871 -$237,613
$983,008 $583,120
$1,219,173 $890,100
$1,235,044 -$1,127,713
120 120
(0.02) (0.48)
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
FIVE YEAR PROJECTION OF UTILITY FUND EXPENSESICOVERAGE FY 2011 - FY 2015 EXHIBIT B
PASS THROUGH OF TRA RATE INCREASES INCLUDING MINIMUM BIL L FIRST 2,000 GALLONS
ASSUMPTIONS: 70 NEW WATER/SEWER CUSTOMERS ANNUALLY
FISCAL YEAR 2011 2012 2013 2014 2015
AVER4GEANNUAL WATER CUSTOMERS 9,021 9,091 9,161 9,231 9,301
AVERAGEMONTHLYUSAGE 21,168 21,168 21,168 21,168 21,168
AMOUNT DERIVED FROM MINIMUM BILL $1,299,024 $1,309,104 $1,319,184 $1,329,264 $1,339,344
AMOUNT DERIVED FROM VOLUME CHARGE $7232,966 $7289.091 $7.345217 $7,401.342 $7.457,467
AVERAGEANNUAL SEWER CUSTOMERS
AVERAGE MONTHLY USAGE
AMOUNT DERIVED FROM MINIMUM BILL
AMOUNT DERIVED FROM VOLUME CHARGE
8,398 5,468 8,538 8,608 8,678
10,100 10,100 10,100 10,100 10,100
$866,674 $873,898 $881,122 $888,346 $895,570
$1,771,340 $1,736,104 $1,800,869 $1,815,634 $1,830,398
OPERATING REVENUE
WATER SALES
CUMULATIVE TRA PASS-THROUGH WATER RATE WCREASE
WATER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS
SEWER CHARGES
CUMULATIVE TRA PASS-THROUGH SEWER RATE INCREASE
SEWER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS
WATER INSTALLATION
SEWER INSTALLATION
ENGINEERING AND DEVELOPMENT
PENALTY
SEWER TIE ON REVENUE
MISC REVENUE
$8,531,990 $8,598,195
$102.839 $103,637
$10,825 $10,909
$2,638,013 $2,660,002
$80,621 $178,844
$20,155 $44,711
$21,000 $21,000
$7,000 $7,000
$5,000 $5,000
$170,302 $173,110
$5,000 $5,000
$13,000 $13,000
$8,664,401
$167,097
$17,589
$2,681,991
$327,859
$81,965
$21,000
$7,000
$5,000
$177,620
$5,000
$13,000
$8,730,606 $8,796,811
$441,980 $551,363
$46,524 $58,038
$2,703,979 $2,725,968
$454,502 $516,515
$113,626 $129,129
$21,000 $21,000
$7.000 $7,000
$5,000 $5,000
$184,966 $1S8,S60
$5,000 $5,000
$13,000 $13,000
TOTAL OPERATING REVENUE
$11,605,746 $11,320,409 $12,169,521 $12,727,184 $13,017,684
OPERATING EXPENSES
ADMINISTRATION
BILLING
OPERATIONS
TRA WATER
TRA SEWER
OPERATING TRANSFER
$204,092 $208,174 $212,338 $216,584 $220,916
$372,114 $379,556 $357.148 $394,891 $402,788
$1,868,203 $1,872,927 $1,910,385 $1,943,593 $1,987,565
$5,528,531 $5,489,780 $5,684,509 $6,044,945 $6,203,804
$1,692,257 $1,326,750 $2,040,285 $2,210,251 $2,304,394
$816,297 $908277 $923254 $947.308 $986,485
TOTAL OPERATING EXPENSES
OPERATING WCOME
PLUS NON-OPERATING REVENUE (INT WC)
NETINCOME
ANNUAL DEBT SERVICE
2002 REFUNDING SERIES
2004 REFUNDING SERIES
2010 REFUNDING BOND ISSUE
ANNUAL DEBT SERVICE
AMOUNT AVAILABLE FOR COVERAGE RATIO
AMOUNT NEEDED FOR COVERAGE RATIO
TARGET COVERAGE RATIO-CIP PROGRAM
AMOUNT UNDER CIP TARGET
TARGET COVERAGE RATIO
ACTUAL COVERAGE RATIO
PASS THROUGH TRA RATE INCREASES
ANNUAL PASS THROUGH TRA WATER INCREASE - PER 1,000 GALLON
CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES
ANNUAL PASS THROUGH TRA SEWER INCREASE - PER 1,000 GALLON
CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES
$10,481,494 $10,685,464 $11,157,919 $11,762,571 $12,105,953
$1,124,252 $1,134,945 $1,011,603 $964,613 $911,731
$50,000 $5Q000 $50,000 $50,000 $50,000
$1.174252 $1.184.945 $1,061.603 $1,014,613 $961,731
$247,688 $249,288 $0 $0 $0
$199,333 $202,624 $195,723 $198,673 $0
$383,026 $381,100 $632,100 $620,500 $490,100
$830,052 $833,012 $827,823 $819.173 $490,100
$1,174,252 $1,184,945 $1,061,603 $1,014,613 $961,731
$996,062 $999,614 $993,388 $983,008 $588,120
$1,230,052 $1233,012 $1,227,823 $1,219,173 $890,100
-$55,800 -$48,067 -$166,220 -$204,560 $71,631
1.20 1.20 1.20 1.20 1.20
1.41 1.42 1.28 1.24 1.96
$0.05 $0.00 $0.03 $0.13 $0.05
$0.05 $0.05 $0.08 $0.21 $0.26
$0.10 $0.12 $0.18 $0.15 $0.07
$0.10 $0.22 $0.40 $0.55 $0.62
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ORDINANCE 0-89-?41
AN ORDINANCE Ab1ENDING SECTION 3A AND 3B OF THE WATER AND
SEWER POLICY PRCCEDURAL MANUAL OF THE CITY OF CGLLEYVILLE
BY INCREASING THE WATER RATES CHARGED; PROVIDING FOR DIFFERENT
WATER RATES BETWEEN IN-CITY AND OUT-OF-CITY CUSTOMERS;
INCREASING SEWER RATES; ADOPTING FINANCIAL MANAGEMENT
GUIDELINES FOR THE WATER AND SEWER UTILITY FUND; CREATING
A SEPARATE REVENUE ACCOUNT FOR PENALTIES PAID IN DELINQUENT
UTILITY BILLS; AUTHORIZING GUIDELINES FOR INTERFUND TRANSFERS
AND CHARGES; REQUIRING CHARGES FOR WATER AND SEWER SERVICES
BE CHARGED FOR CITY DEPARTMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council did authorize a Water and Wastewater
Rate Study, and
WHEREAS, said rate study offered specific recommendations
to provide for a financially viable Utility Fund
without adding unnecessarily to the burden of the
ad valorem tax payer, including but not limited
to the repair and use of public streets and rights
of way, and
WHEREAS, the City Council desires to implement water and
sewer rates and policies which are deemed to be
in the best interest of the City,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. l. THAT Section 3A of the Water and Sewer Policy
Procedural Manual for the City of Colleyville, Texas,
which is "Appendix A" to Chapter 11 of the CoZleyville
Code be amended to read as follows:
"A. The following monthly rates shall be charged
for water:
Rates For In-City Customers:
1. Minimum for month for first 2,000 gallons ..$12.00
2. All usage over 2,000 gallons ................$ 2.00
per 1,000 gallons
Rates for Out-City Customers:
1. 114inimum for month for first 2,000 gallons ..$16.00
2. All usage over 2,000 gallons ................$ 2.00
per 1,000 gallons
Ordinance 0-89-741
Page 2
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Sec. 2. THAT Section 3B(1) through (3) of the Water
and Sewer Policy Procedural Manual for the City
of Colleyville, Texas, which is "Appendix A" to
Chapter 11 of the Colleyville Code be amended to
read as follows:
"(1) A monthly charge shall be charged to all
customers in the amount of $8.60 per residential
or business occupancy.
(2) A monthly volume charge shall also be charged
to all customers in the amount of $.90 per 1,000
gallons of water used over and above 2,000 gallons
minimum waste water produced, as more specifically
set forth hereinafter.
The monthly volume charge for residential class
customers will be based on the individual customer's
average monthly water use during the preceding winter
quarter months of December, January and February,
without limitation. Said average monthly water
use shall be averaged to the nearest 1,000 gallons
(breaking point being 500). The volumes used to
compute these charges are based on the amount of
water used by the residential class customers as
measured by the water meter. Where no preceding
winter quarter average is available from records,
the Director of Public Works shall estimate a volume
to be used for this monthly volume charge.
(3) The monthly service charge shall also be charged
to all customers in the amount of $8.60 per unit
for multi-family resident occupancy.
A monthly volume charge shall also be charged to
all multi-family residences per unit in the amount
of $.90 per 1,000 gallons of water used, or wastewater
produced computed upon the same basis as set out
in part (2) hereof."
Sec. 3. THAT the Financial Management Guidelines as identified
in the "Water and Wastewater Rate Study" complied
by Charles Binford, Financial Management Consultant,
June, 1989 is hereby adopted by reference identified
as Exhibit A Ordinance 0-89-741 and apart hereof.
Sec. 4. THAT a separate revenue account is established in
the Water and Sewer Utility Enterprise Fund to account
for penalties on delinquent utility bills.
Ordinance 0-89-741
Page 3
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Sec. 5. THAT a payment-in-lieu-of-tax (PILOT) shall be paid
by the Water and Sewer Utility Fund to the General
Fund. PILOT shall be paid to the General Fund during
the last quarter of each fiscal year. The amount
of the PILOT to be paid will be determined by applying
the current tax rate to the net value of the utility
system as of September 30 of the preceding fiscal
year.
Sec. 6. THAT a franchise tax shall be charged and paid by
the Water and Sewer Utility Fund to the General
Fund. Said Franchise Tax shall be paid to the General
Fund during the last quarter of each fiscal year.
The amount of the Franchise tax shall be two percent
(2%) of operating revenue as of September 30 of
the preceding fiscal year.
Sec. 7. THAT an Operating Transfer shall be paid from the
Water and Sewer Utility Fund to the General Fund
for Administrative services provided the Water and
Sewer Utility Fund by the General Fund. Said transfer
shall be made during the last quarter of the fiscal
year. The amount of the Administrative Services
Transfer shall be four percent (4~) of the operating
revenues as of September 30 of the preceding fiscal
year.
Sec. 8. TAAT the City Council may, by Resolution increase
rates proportionately to pass through direct increases
originated by the Trinity River Authority for water
delivery or sewer treatment charges.
Sec. 9. THAT all Departments of the City shall be metered
and billed for water consumption and sewer service
provided.
Sec. 10. THAT the above change in water and sewer rates shall
be effective October l, 1989.
AND IT IS SO ORDERED.
The f' st readi and public hearing being conducted on the
_1~ day of , 1989.
The secon~j readin a d public hearing being conducted on
the ~~k~ day of 1989.
The tl~ird readi g a public hearing being conducted on the
'`~~ day of 1989.
CITY OF COLLEYVILLE
~ ~ ~
CHRIS HAWKINS
b~ayor
EXHIBIT A ORDINA~CE 0-~9-741
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Ordinance 0-89-741
Page ~
ATTEST•
r
LaVADA JOHNSON
City Secretary
APP VED AS TO ORM AND LEGALITY:
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ROSS T. FOSTER
City Attorney
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EXHIBIT A ORDINA~CE 0-~9-741
FINANCIAL MANAGEMENT GUIDELINES
As a frame of reference in reviewing the statistical information
presented in this report, and as a means of ensuring the finan-
cial integrity of the Utility Enterprise rund, it is recommended
that the City Council adopt the following as financial management
guidelines:
1. Gross revenues of the Utility Enterprise Fund shall be suffi-
cient during each and every fiscal year period to pay all mainte-
nance and operating expenses, debt service on all outstanding
indebtedness payable by the Fund, depreciation expense, and other
non-operating expenses.
Retained earnings and working capital balances available from
prior years shall not be used as a means of satisfying this
requirement. ,
2. Net income before depreciation and other non-operating expen-
ses shall equal to at least 1.2 times the average annual debt
service requirement on all outstanding indebtedness secured by a
pledge of Utility Fund revenues.
The two guidelines listed above are considered to be existing
legal requirements as stipulated in the City's Revenue Bond
Ordinances. The following guidelines are not legal requirements,
but are recommended as reasonable and prudent means to ensure
that cash flow needs of the Utility Fund are met and to provide a
continuing program to monitor the financial status of the Fund.
3. The workinq capital balance in the Utility Enterprise Fund at
the end of each fiscal year shall be equal to at least 60 days of
operation.
4. The City shall develop and maintain accurate cash flow projec-
tions to ensure that sufficient tunds are available at all times
to pay current obligations of the Utility Enterprise Fund, and to
ensure that available cash is invested to the fullest extent
possible.
5. All assumptions and projections concerning Utility Fund reve-
nues and expenses, including those contained in this report,
shall be reviewed on at least an annual basis (probably during
the annual budget process) to ensure the adequacy of existing
water and sewer rates.
6. Utility Fund revenues and expenses shall be formally monitored
on at least a quarterly basis to ensure that budget estimates are
still valid.
Source: City of Colleyville ~~later and `9astewater Rate Study
Prepared by Chax~es Binford, Financial Ma~ageMent
Consultant
June 1989, page 7
WATER AND SEWER RATE COMPARISON OF SURROUNDING CITIES
WATER RATE COMPARISON OF SURROUNDING CITIES
MINIMUM # OF GALLONS BILL FOR RATE PER
CITY BILL IN MINIMUM 2,000 GALS 1,000 GALS
BEDFORD
EULESS "
GRAPEVINE
HURST
KELLER x`
NORTH RICHLAND HILLS
SOUTHLAKE "
AVERAGE
COLLEYVILLE CURRENT
VARIANCE IN RATES
CUSTOMER CUSTOMER CUSTOMER
BILL BILL BILL
10,000 GALS 15,000 GALS 20,000 GALS
$47.27 $61.72 $76.17
$37.21 $56.51 $76.36
$31.67 $45.37 $59.07
$57.78 $85.33 $112.88
$43.14 $59.04 $74.94
$55.50 $78.60 $101.70
$49.92 $67.27 $84.62
$46.07 $64.83 $83.68
$39.84 $57.24 $74.64
($6.23) ($7.59) ($9.04)
AVERAGE $14.59 $17.82 $3.60 $46.07 $64.83 $83.68
COLLEYVILLE PROPOSED * $12.10 2,000 $12.10 $3.53 $40.34 $57.99 $75.64
VARIANCE IN RATES ($2.49) ($5.72) ($0.07) ($5.73) ($6.84) ($8.04)
`* TIERED WATER ARE IN EFFECT /N THE FOLLOW/NG CIT/ES:
~' EULESS' WATER RATE IS $2.27 FOR 0 TO 2,000 GALLONS, $3.20 FOR 3,001 TO 8,000 GALLONS, $3.75 FOR 9,000 TO 15,000
GALLONS, $4.10 FOR 16,000 TO 35,000 GALLONS, AND $4.66 FOR ALL USAGE ABOVE 35,000 GALLONS
~' KELLER'S WATER RATE IS 1.69 FOR 0 TO 2,000 GALLONS, $2.86 FOR 2,000 TO 10,000 GALLONS, $3.18 FOR 10,001 TO 20,000 GALLONS,
$3.61 FOR 20,001 TO 25,000 GALLONS, $4.72 FOR 25,000 TO 40,000 GALLONS, AND $5.15 FOR ALL USAGE ABOVE 40,000 GALLONS
" SOUTHLAKE'S WATER RATE IS $2.97 FOR 2,000 TO 10,000 GALLONS, $3.47 FOR 10,001 TO 25,000 GALLONS
AND $3.72 FOR 25,000 TO 40,000, AND $4.22 FOR ALL USAGE ABOVE 40,000 GALLONS
^^ RATES SHOWN ARE THE AVERAGE OF THE TIERED RATE USAGE OF 0-20,000 GALLONS
$18.37
$7.95
$9.75
$13.70
$16.88
$9.30
$26.16
$14.59
$12.00
($2.59)
0
0
2,000
2,000
0
0
2,000
2.000
$24.15
$12.49
$9.75
$13.70
$20.26
$18.24
$26.16
$17.82
$12.00
($5.82)
$2.89
$3.32 ^^
$2.74
$5.51
$2.90 nn
$4.62
$3.25 ^^
$3.60
$3.48
($0.12)
SEWER RATE COMPARISON OF SURROUNDING CITIES
CITY MINIMUM # OF GALS BILL FOR RATE PER
BILL IN MINIMUM 2,000 GALS 1,000 GALS
BILL
BEDFORD $10.88 0 $14.32
EULESS $6.75 0 $12.07
GRAPEVINE $7.80 2,000 $7.80
HURST $9.92 0 $16.28
KELLER $11.85 0 $17.41
N RICHLAND HILLS $7.27 0 $12.49
SOUTHLAKE $26.16 2,000 $26.16
AVERAGE
COLLEYVILLE CURRENT
VARIANCE IN RATES
AVERAGE
COLLEYVILLE PROPOSED *
VARIANCE IN RATES
WINTER
AVERAGE
BILLED
Y
N
Y
Y
Y
Y
N
CUSTOMER
BILL
10,000 GALS
$28.08
$33.35
$33.88
$41.72
$34.09
$33.37
$50.16
Y $36.38
Y $25.96
($10.42)
Y $36.38
Y $26.96
($9.42)
x COLLEYVILLE PROPOSED INCLUDES PASS THROUGH OF TRA RATE INCREASE PER 1,000 GALLONS OF WATER USAGE ($.O5)
AND SEWER USAGE ($.10) ON ALL GALLONS OF USAGE, INCLUDING THE FIRST 2,000 GALLONS INCLUDED IN THE MINIMUM BILL
$11.52
$8.60
($2.92)
$11.52
$8.80
($2.72)
2.000
2,000
$15.22
$8.60
($6.62)
$15.22
$8.80
($6.42)
$1.72
$2.66
$3.26
$3.18
$2.78
$2.61
$3.00
$2.74
$2.17
($0.57)
$2.74
$2.27
($0.47)
ORDINANCE 0-11-1788
AMENDING SECTION 1, SECTION 2 AND SECTION 8 OF ORDINANCE 0-89-741
AND SECTIONS 3A AND 3B OF THE WATER AND SEWER POLICY AND
PROCEDURE MANUAL OF THE CITY OF COLLEYVILLE BY INCREASING THE
MINIMUM WATER BILL AND THE MINIMUM SEWER BILL TO INCORPORATE
TRINITY RIVER AUTHORITY (TRA) RATE INCREASES ON THE FIRST 2,000
GALLONS OF WATER USAGE INCLUDED IN THE MINIMUM WATER BILL AND
THE FIRST 2,000 GALLONS OF SEWER USAGE INCLUDED IN THE MINIMUM
SEWER BILL AND PROVIDING FOR FUTURE TRA RATE INCREASES TO ALSO
BE PASSED THROUGH ON THE WATER AND SEWER MINIMUM BILL USAGE
WHEREAS, the City Council desires to implement water and sewer rates, which will
provide for a financially viable Utility Fund; and
WHEREAS, all statutory and constitutional requirements for the passage of this
Ordinance have been adhered to, including but not limited to the Open
Meetings Act; and
WHEREAS, the City Council determines that the passage of this Ordinance is in the
best interests of the health, safety and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS
Sec. 1. THAT all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Sec. 2. THAT Section 1 of Ordinance 0-89-741 and Section 3A of the Water and
Sewer Policy and Procedure Manual of the City of Colleyville, Texas,
which is "Appendix A" to Chapter 11 of the Colleyville Code be amended
to read as follows:
Water Rates for In-City Customers:
Minimum per month charge
All usage over 2,000 gallons
Water Rates for Out-of-City Customers:
Minimum per month charge
All usage over 2,000 gallons
$12.10
$3.48 per 1,000 gallons
$16.10
$3.48 per 1,000 gallons
Sec. 3. THAT Section 2 of Ordinance 0-89-741 and Section 3B (2) of the Water
and Sewer Policies and Procedure Manual for the City of Colleyville,
Texas, which is "Appendix A" to Chapter 11 of the Colleyville Code be
amended to read as follows:
Ordinance 0-11-1788
Page 2 of 3
(1) A minimum monthly sewer charge shall be charged to all customers in
the amount of $8.80 per residence or business occupancy.
(2) A monthly sewer volume charge shall also be charged to all customers
in the amount of $2.17 per 1,000 gallons of water used over and above
2,000 gallons minimum sewer produced, as more specifically set forth
hereinafter. The sewer volume charge for residential customers will be
based upon the individual customer's average monthly water use during
the nearest 1,000 gallons (breaking point being 500). The volumes used
to calculate these sewer charges are based upon the amount of water
used by the residential class customer as measured by the water meter.
Where no preceding winter quarter average is available from records, a
volume of 7,000 gallons shall be used for this volume charge.
Sec. 3 THAT Section 8 of Ordinance 0-89-741 be amended to read as follows:
The City Council may by Resolution increase water and sewer rates to
pass through direct rate increases, originated by the Trinity River
Authority, on a per 1,000 gallons basis for water delivery or sewer
treatment charges on all water and sewer gallons billed and those gallons
of usage included in the water and sewer minimum bill.
Sec. 4. THAT the effective date for this ordinance shall be February 1, 2011.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2011.
The second reading and public hearing being conducted on the
2011.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
day of
day of
Ordinance 0-11-1788
Page3of3
APPROVED AS TO FORM AND LEGALITY:
Matthew C.G. Boyle
City Attorney
File Number: R-11-3312
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: R-11-3312
File Type: Resolution
Status: Resolution
Version: 1
Requester: Office of the City
Manager
Agenda Date: 01/18/2011
Agenda No.: 6a
Controlling Body: City Council
Final Action:
File Name: Authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an extension to
the current electric supply and necessary related services agreement with Next Era for a fixed
price per KwH that is lower than contract rates for 2011-2013
Attachments: NYMEX Month Closing Prices Jan 2002-Jan 2011.pdf • Resolution R-11-3312.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
01/18/2011 City Council
Title
Authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to negotiate an extension
to the current electric supply and necessary related services agreement with Next Era for a
fixed price per KwH that is lower than contract rates for 2011-2013
Explanation
Reading and Public Hearing
The City of Colleyville is a member of the Texas Coalition for Affordable Power (TCAP),
formerly Cities Aggregation Power Project, Inc. (CAPP) prior to November 1, 2010, a
consortium of local governments who aggregate their electric power load to obtain optimal
pricing of electricity. The City has obtained its electric power through TCAP since the
advent of the deregulated electric market in 2002 and has saved a considerable amount of
money over the years on its electric power purchases as a result. In 2008, electric prices
began to drop from the historic highs experienced the previous two years and TCAP
negotiated a five-year power supply agreement with Next Era, formerly Florida Power and
Light, that the City of Colleyville authorized by resolution on October 21, 2008. Electric
power pricing in Texas is linked to the price of natural gas and since 2008, the price of gas
and electric power has continued to decline. For this reason, TCAP and its consultants
have approached the market to obtain pricing of power beyond the current agreement's
expiration in December 2013. Next Era responded to this solicitation with a"blend and
extend" proposal that would offer immediate discounts of an estimated one-cent per kilowatt
hour (KwH) and provide favorable pricing through 2018. The TCAP board believes the
current market for electric power is favorable for extension of the power supply agreement .
We are in an historically aberrant period of relatively low and stable prices as illustrated by
the attached graph. At this point in time, natural gas prices are low and stable and there is
excess capacity. Whether natural gas prices will remain low and stable through 2013
City of Colleyville Page 1 Printed on 1/13/2011
Aaenda Briefinp Continued (R-11-33121
depends a great deal upon the future of shale gas extraction. If environmental factors such
as potential groundwater contamination limit the production of shale gas or if the economy
recovers and industrial and electric company demand for gas increases, natural gas prices
will rise. Most analysts of population growth also predict significant expansion of the
population of Texas. How soon such growth will cause demand for electricity to grow faster
than supply is unknown, but some forecasts suggest that the reserve margins for generation
of electricity may dip below a reasonable level by as early as 2013. If that happens, electric
prices will rise above current levels and going to the market for pricing of power after the
2013 agreement expires could put cities in jeopardy of paying significantly higher rates for
electricity. The attached resolution authorizes TCAP to negotiate a long-term electric supply
contract with Next Era and to execute that agreement if TCAP finds that the long-term price
can be locked in at rates lower than what the City is currently paying. The TCAP board
anticipates signing an extension with Next Era as soon as natural gas prices drop to a level
that would produce a discount of approximately one-cent per kilowatt hour (KwH) under the
current contract price.
Financial Impact
The City of Colleyville spent a total of approximately $726,000 on electric power in Fiscal
Year 2010. A one-cent decline in the generation component of the City's electric purchases
would have resulted in savings of about $58,000.
Recommendation
Approval
City of Colleyville Page 2 Printed on 1/13/2011
NYM~X He~nry Hub Closing P~r~ce Jan 2002 ~ Jan 2011
$14.0~
3 $12.00
~
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$2.00
$0.00
J02 J03 J04 J0~ J06 J07 JU8 J09 J10 J11
Mantk~
RESOLUTION R-11-3312
A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS, AUTHORIZING THE
TEXAS COALITION FOR AFFORDABLE POWER (TCAP) TO NEGOTIATE AN
EXTENSION TO THE CURRENT ELECTRIC SUPPLY AND NECESSARY RELATED
SERVICES AGREEMENT WITH NEXT ERA FOR A FIXED PRICE PER KWH THAT
IS LOWER THAN CONTRACT RATES FOR 2011-2013, SAID EXTENSION TO
CONTINUE UNTIL DECEMBER 31, 2018; APPROVING TCAP CONTRACTING WITH
NEXT ERA AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT
WITH TCAP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD
BEGINNING JANUARY 1, 2011 OR AS SOON AFTER FINALIZATION OF A
CONTRACT AS POSSIBLE AND EXTENDING UP TO DECEMBER 31, 2018;
COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE
CITY'S COMMITMENTS TO PURCHASE POWER THROUGH TCAP FOR ITS
ELECTRICAL NEEDS THROUGH DECEMBER 31, 2018
WHEREAS, the City of Colleyville, Texas (City) is a member of the Texas Coalition for
Affordable Power ("TCAP"), a nonprofit political subdivision corporation
dedicated to securing electric power for its political subdivision members
in the competitive retail market; and
WHEREAS, the City's current contract for power with Next Era arranged through TCAP
expires December 31, 2013; and
WHEREAS, the TCAP Board of Directors is currently considering a blend and extend
contract with Next Era with indicative retail energy prices that will reduce
the prices under the current contract for the next three years and extend a
fixed price for energy through December 31, 2018; and
WHEREAS, the current contract is a master agreement between TCAP and Next Era
endorsed by contract with individual TCAP members; and
WHEREAS, the City must assure TCAP that it will budget for energy purchases and
honor its commitments to purchase power for its electrical needs through
TCAP for the period beginning January 1, 2011 or as soon after
finalization of a contract as possible, and extending through December 31,
2018; and
WHEREAS, TCAP intends to continue to contract with Next Era (power supply) and
Direct Energy (billing, administrative and other customer services); and
Resolution R-11-3312
Page 2 of 2
WHEREAS, the current contractual relationships between TCAP and Next Era and
Direct Energy have been beneficial and cost effective for TCAP members
and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the TCAP Board and its consultants and advisors are agents
authorized to negotiate for the City's electric power needs as a member of
TCAP and extend the current supply agreement through December 31,
2018.
Sec.2. THAT the City will execute a contract with TCAP that permits the
Chairman of TCAP to sign a Commercial Electricity Supply Agreement
("CESA") for the City's electricity needs and related, necessary services
extending up to December 31, 2018, as a member of TCAP and commits
its load for the same period pursuant to the contract recommended and
approved by the TCAP Board of Directors, provided that the energy price
to be paid per KwH in 2011-2013 is less than the current contract price for
2011-2013 resulting in savings for the City and that the fixed price for the
period 2011-2013 will continue through December 31, 2018.
Sec. 3. THAT the City will budget and approve funds necessary to pay electricity
costs proportionate to the City's load under the supply agreement
arranged by TCAP and signed by the Chairman of TCAP on behalf of all
TCAP members for the term extending up to December 31, 2018.
Sec. 4. THAT a copy of the resolution shall be sent to Mary Bunkley with the City
Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to TCAP.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF
ABSTENTIONS ON THIS THE
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
AYES,
DAY OF
NAYS AND
2011.
CITY OF COLLEYVILLE
David Kelly
Mayor
File Number: R-11-3313
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: R-11-3313
File Type: Resolution
Status: Resolution
Version: 1
Requester: Economic
Development
Department
Agenda Date: 01/18/2011
Agenda No.: 6b
File Name: Approval to establish the Architectural Review Commission
Controlling Body: City Council
Final Action:
Attachments: City of Colleyville Economic Development Incentive Guidelines and Criteria • Resolution
R-11-3313. pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Approval to establish the Architectural Review Commission
Explanation
Reading and Public Hearing
On November 3, 2010, City Council adopted Resolution R-10-3286 containing a new set of
Economic Development Incentive Guidelines and Criteria. Included within the attached
Guidelines and Criteria was a new matching grant program with a provision that all
applications be reviewed an Architectural Review Commission.
Colleyville has numerous residents who are architectural or engineering design
professionals or who work in commercial development-related fields. These individuals deal
with design specific issues on a daily basis and have the expertise to benefit the City's
future development and redevelopment. Staff has spoken to several of these professionals ,
and they are enthusiastic about possible service to the community.
Moreover, the creation of an Architectural Review Commission would further engage the
Colleyville community in the City's economic development efforts, helping ensure even
greater resident involvement in these activities. A new Commission would also offer
Colleyville a way to vet other related issues, such as the ongoing review of the City's
Commercial Design Standards or the possibility of an Overlay District within the core of the
Colleyville Boulevard corridor.
At the January 4, 2011 Pre Council meeting, City Council reviewed and discussed the
merits of creating an Architectural Review Commission. City Council directed staff to return
with a Resolution for consideration on the January 18, 2011 City Council agenda.
City of Colleyville Page 1 Printed on 1/14/2011
Apenda Briefinp Continued (R-11-33131
Resolution R-11-3313 is attached for consideration by the City Council.
Financial Impact
There will be no financial impact
Recommendation
Approval
City of Colleyville Page 2 Printed on 1/14/2011
CITY OF COLLEYVILLE, TEXAS
ECONOMIC DEVELOPMENT INCENTIVE
GUIDELINES AND CRITERIA
Section 1. General Purpose and Objectives
General Purpose
The policy herein is intended as a guide for use in developing economic development incentive
packages under the provisions of state law. Notwithstanding the policy herein established, the
City Council of the City of Colleyville retains the right to act within the provisions of such act
without the necessity of amending the general policy and/or purpose adopted within this set of
Guidelines and Criteria.
Obiectives
The City of Colleyville, Texas, has made a long-term commitment to economic development.
The City seeks to foster a more diversified tax base so that it may deliver sustainable
government. Insofar as these objectives are generally served by the enhancement and
expansion of the local economy, the City of Colleyville will, on a case-by-case basis, give
consideration to providing tax abatements and other forms of economic development incentives
as stimulation for economic growth in Colleyville. It is the policy of the City of Colleyville that
said consideration will be provided in accordance with the criteria outlined in this document.
Nothing herein shall imply or suggest that the City of Colleyville is under any obligation to
provide any type of incentive to any applicant.
The City of Colleyville's Economic Development Department is charged with retaining existing
businesses, attracting new businesses and marketing Colleyville-with the goal of expanding
the City's commercial tax base. In keeping with this overall mission, the City has implemented a
three point strategy in order to accomplish these important tasks:
- To identify and assist retail developers, corporate office and medical/physician specialist/
laboratory-related facilities to invest and build new, high quality sales and property tax-
generating projects in Colleyville;
- To assist landowners in the sale, development, and redevelopment of potential retail,
office and hotel sites to their highest and best use; and
- To recruit new, and retain existing, Colleyville retailers, restaurants, corporate office and
medical/physician specialist/laboratory-related facilities and other sales tax and property
tax generating businesses compatible with Colleyville's available land, land use plan and
demographics.
To achieve this goal, the City wishes to enhance its economic development efforts by
developing an incentive policy to promote retention and expansion of existing retailers,
restaurants, corporate office and medical/physician specialist/laboratory-related facilities and to
attract similar new businesses to Colleyville.
City of Colleyville
Guidelines and Criteria
Page 2 of 10
Within the context of these goals, the City of Colleyville will give consideration to providing
reasonable incentives as a stimulus for new development and redevelopment on a case-by-
case basis. Nothing herein implies or suggests that the City of Colleyville is under any
obligation to provide any incentive to an applicant. The City recognizes that only certain
businesses are worthy of incentives.
Section 2. Criteria
Any request for a tax abatement or any other type of economic development incentive shall be
reviewed by the City Council. Their decision shall be based upon an evaluation of the following
criteria, which each applicant will address in narrative form within or on pages attached to the
City's Application for Economic Development Incentives:
Employment Impact
- Total number of full time equivalent jobs brought to Colleyville;
- Types of jobs created;
- Total annual payroll.
Fiscal Impact
- Total real and personal property value to be added to the tax roll;
- Anticipated direct sales tax to be generated at one (1) percent of taxable sales;
- Other revenues generated for the City: franchise payments, occupancy taxes, utility
revenues, etc.;
- Amount of city infrastructure construction or participation required;
- Projected total annual operating budget of the facility.
Communitv Impact
- The expected effect the project will have on the local housing market;
- The expected environmental impact, if any, created by the project;
- The compatibility of the project with the City's Comprehensive Plan;
- The impact on neighboring businesses and/or property owners;
- The project's location (i.e. is it proposed to be located in a targeted area or an area
designated for redevelopment?);
- The project's impact on the cost or provision of Colleyville municipal services;
- The project's type of business enterprise (i.e. is it among the types of businesses
targeted for retention within or attraction to Colleyville?).
Competitive Impact
- The effect the project would have on existing businesses in Colleyville;
City of Colleyville
Guidelines and Criteria
Page 3 of 10
- A list of the types of products or services to be sold by the applicant which are currently
sold by existing Colleyville merchants;
- A list of specific businesses seen as direct competitors to the applicant.
Please note that the City of Colleyville seeks first to retain existing businesses and therefore will
consider whether an applicant will compete or potentially displace existing Colleyville
businesses.
Section 3. Types of Incentives
It is the policy of the City of Colleyville to customize the provisions of economic development
incentives on a case-by-case basis. This individualized design of a total incentive package is
intended to allow maximum flexibility in addressing the unique concerns of each applicant while
enabling the City of Colleyville to better respond to the changing needs of the community.
Colleyville's goal is to adequately package incentives, with clear parameters, that are tailored to
match business needs-as well as to the types of businesses Colleyville prefers. Likewise,
Colleyville recognizes how incentives that encourage business growth and development are
often unique to the needs of each individual business. The City is therefore open to discuss any
particular incentive(s) that may be necessary for a business to ensure its success in Colleyville.
Consideration will be given to providing any type of economic development incentives not
prohibited by state or federal law including, but not limited to: tax abatements, in-lieu-of Freeport
exemptions, state tax grants and other grants in general, as well as participation in infrastructure
and waiver of fees.
These economic development incentives are in addition to an ongoing tax increment financing
program offered by the various taxing entities, which is not a part of this incentive program. The
provision of incentives will be subject to the procedural and other requirements outlined in this
document as well as those mandated by state or federal law, and by other actions of the City of
Colleyville. All incentive agreements will be performance-based.
Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any
obligation to provide any incentive to any applicant.
Section 4. Value of Incentives
Following an assessment of the response provided to the criteria contained in Section 2, the
City Council shall determine whether it is in the best interests of the City of Colleyville that
economic development incentives be granted to the applicant. The review process will examine
the "value added" terms of the project. Additional consideration, beyond the criteria, will include
such items as the degree to which the project/applicant furthers the goals and objectives of the
community or meets or compliments a special need identified by the City Council. Moreover,
the City will consider whether the proposed business type is included on the targeted list
City of Colleyville
Guidelines and Criteria
Page 4 of 10
identified within the three point strategy included in Section 1. above. Preference is given to
medical/physician specialist/laboratory-related facilities and corporate office uses.
Tax Abatements:
A Tax Abatement may be offered in two categories:
1. Real Property (not located in the TIF District); and/or
2. Business and Personal Property
Real property abatements may be offered to applicants which will pursue the construction of
new or expanded facilities in which to house the applicable project. The abatement may apply
only to the value of improvements made.
Business Personal property abatements may be offered to applicants which will pursue the
purchase or long-term lease of existing facilities. The abatement will apply to the value of new
personal property brought into the taxing jurisdiction.
State law permits municipalities to grant a maximum property tax abatement of 100 percent
each year for up to ten (10) years. Once a determination has been made that a tax abatement
may be offered, the City will determine the value and term of the abatement according to the
following schedule:
Minimum Abatement Percentage of
Property Du ration Abatement
Investment Considered
by Council
$2 million* 1St year Up to 100%
2nd year Up to 90%
3rd year Up to 80%
$5 million 1St year Up to 80%
2nd year Up to 70%
3`d year Up to 60%
$10 million+ 1St year Up to 60%
2n~ year Up to 50%
3`d year Up to 40%
*Only medical, physician-specialist or laboratory facilities are eligible for consideration.
City of Colleyville
Guidelines and Criteria
Page 5 of 10
Each application for consideration of a tax abatement, whether for Real Property or Business
and Personal Property, shall include a$1,000 tax abatement application fee. The fee shall
cover the cost of staff time spent analyzing and evaluating the application's merits.
Grants
The City of Colleyville may agree to extend a grant based on the amount of revenues to be
generated by the economic development project to the City of Colleyville for such categories as
sales tax, occupancy taxes, utility fees, or similarly related revenues. Chapter 380 of the Texas
Local Government Code also permits loans and grants of City funds and use of City staff and
City facilities at minimal or no charge. Any such use must be construed as serving a"public
purpose". Likewise, any type of loan, grant or waiver requires a contract between the City and
the applicant.
Retail Sales Tax Grants
By contract, the City may provide an incentive consisting of an annual grant through a tax
rebate, based on a percentage of the sales and use tax received by the City from the sale of
taxable items by the applicant. The City is authorized by Section 380.001, Texas Local
Government Code, to make such grants.
Sales and use tax means the City's one (1) percent sales and use tax on the sale of taxable
items by the applicant at the applicant's business location in the City. The applicant by contract
will be required to provide a sales tax certificate setting forth the applicant's collection of sales
and use tax for the sale of taxable items consummated at the applicant's business location in
the City for the previous ending twelve (12) calendar month period, with such supporting
documentation as may be required by the City.
The grant would be conditioned on the applicant's continued ownership/occupancy of the
project site.
The sales tax grants would be paid in annual installments within ninety (90) days of the end of
each twelve (12) calendar month period following the issuance of the certificate of occupancy
for the facility, or other commencement date if no certificate of occupancy is required. The grant
would not include any of the City sales and use tax receipt from the imposition and collection of
sales and use tax for taxable items consummated at any location, business establishment or by
any other entity in the city, other than from the applicant's sale of taxable items at the applicant's
business location in the city.
Any sales tax grant payable would be limited to the extent that the City has received sales tax
from taxable sales by the applicant. The City would not be required to provide any grant for any
twelve (12) calendar month period during the term of the agreement for which the City has not
received sales tax revenue from taxable sales by the applicant for such twelve (12) calendar
month period.
City of Colleyville
Guidelines and Criteria
Page 6 of 10
The City's obligation to pay the sales tax grants in the agreement would additionally be
conditioned upon the applicant requesting and providing sales tax documentation from the
Office of the Comptroller of the State of Texas.
The City may also condition the incentive upon the creation of employment, construction of
improvements, certain development, continued operations for a stated period, or other public
consideration. Any incentive agreement shall be written in a legally enforceable contract. The
contract shall require the applicant to construct certain improvements or expansions and contain
at a minimum the following terms:
1. Generation of a certain level of sales tax;
2. An annual written certification that applicant is in compliance with the agreement;
3. Authority to terminate or modify the agreement if applicant fails to comply with
agreement;
4. Minimum term of occupancy or continued operations within the city.
5. Authority/permission for the City to schedule an annual inspection of the business or
facility.
6. Annual review of the business entity's financials;
7. Agreement that the applicant will not contest any Tarrant Appraisal District appraisal
increases throughout the term of the contract.
8. Claw-back or recapture of any and all rebated grants should the applicant default on any
portion of the contract (see Section 5. Recapture below).
In the event the applicant files an amended sales and use tax return,- or report with the State of
Texas, or if additional sales and use tax is due and owing, as determined by the State of Texas,
affecting sales tax receipts for a previous twelve (12) calendar month period, the sales tax grant
payment for the next twelve (12) month calendar period immediately following such State of
Texas approved amendment could be adjusted accordingly provided that the City has received
sales tax receipts attributed to such adjustment. As a condition precedent to payment of such
adjustment, the applicant should provide the City with a copy of any such amended sales and
use tax report or return, and the approved thereof by the State of Texas.
In the event the State of Texas determines that the City erroneously received sales tax receipts,
or that the amount of sales and use tax paid to the City exceeds the correct amount of sales and
use tax for a previous twelve (12) calendar month period for which the applicant has received a
sales tax grant, the applicant will be required within thirty (30) days after receipt of notification
thereof from the City specifying the amount by which such sales tax grant exceeds the amount
to which the applicant was entitled pursuant to such State of Texas determination, repay such
amount to the City.
City of Colleyville
Guidelines and Criteria
Page 7 of 10
Infrastructure Particiaation and Waiver of Fees
The City of Colleyville may agree to partial or complete cost participation for the extension,
construction, or reconstruction of infrastructure necessary for the development of an economic
development applicant's project. In addition, the City Council may approve the waiver of fees
for, but not limited to, building permit applicants, utility taps and similar fees.
Matchinq Grants
In accordance with the City Council's strategic initiatives plan, the City of Colleyville will also
consider providing matching grants of up to $15,000 for each of the following types of
investments through a public/private, cost-sharing program:
1. Fa~ade improvements-Existing building fa~ade improvements that meet the following
criteria:
- Proposed improvements must exceed City's minimum rating criteria for
commercial building designs;
- Proposed improvements must be reviewed and approved by an Architectural
Review Commission.
2. Signage removal and replacement-Assistance with pole sign removal and/or
replacement as landscaped monument signs or landmark signs (if applicant meets the
City's square footage requirement); signage plan must meet the following criteria:
- Proposed signage removal and replacement must meet all the current
requirements of the City's Land Development Code and be reviewed and
approved by an Architectural Review Commission.
3. Tenant improvements for destination restaurants and retailers-Restaurants must not be
presently located in Colleyville or any immediately adjacent city.
All applications for Matching Grants must also submit a written business plan for review and
comment by the City's SCORE business counseling office.
Matching Grant incentives will consist of cash payments payable upon successful completion
and inspection of all facility improvements or redevelopment, as outlined in an incentive
agreement to be entered into between the City and the owner of the facility or facilities to
receive the grant. If the City chooses to utilize the Matching Grant program, the City may elect
to make a grant in an amount up to 50% of the cost of improvement, not to exceed $15,000 per
improvement, with a minimum business investment of $5,000.
Non-Cash Incentives
The City of Colleyville will also consider providing non-cash incentives (primarily procedural in
nature) for stimulation of development and redevelopment. Such incentives include:
City of Colleyville
Guidelines and Criteria
Page 8 of 10
1. Signage and intersection improvements already funded within the CIP;
2. Fast-track planning, plans review and permitting, as staff work level allows;
3. Dedicated inspections;
4. Corporate relocation assistance for employees and their families;
5. Employee recruitment and training, as funded through State of Texas grant programs
and Tarrant County College;
6. Possible access to community bank lending through the City's CDARS program;
7. Recreational opportunities;
8. Business promotion and assistance;
9. Assistance with demolition of existing structures for redevelopment and new investment.
Public Imarovement Districts
The City of Colleyville is also willing to consider the creation of Public Improvement Districts
(PIDs). Public Improvement Districts may be created by a municipality at the request or with the
consent of property owners. PI Ds allow for the levy of voluntary assessments and the issuance
of tax exempt bonds. Funds collected through PIDs and any associated bonds may be used for
capital improvement projects and maintenance within the geographic area.
Section 5. Recapture
All incentive agreements shall include a provision allowing City staff access to the applicant's
business and/or facilities for an annual inspection, so the City may monitor and enforce
accountability. In the event a business receiving incentives from the City of Colleyville fails to
perform under the agreement executed between the City and the business, the incentive
obligation on the part of the City will be void. Any incentive paid to the business up to the point
of failure shall be returned to the City of Colleyville in full. All incentive agreements will be
negotiated and executed to include claw-back provisions.
Section 6. Procedural Guidelines
Any person, organization or corporation desiring that the City of Colleyville consider providing
economic development incentives to encourage location or expansion of operations with the city
limits of Colleyville shall be required to comply with the following procedural guidelines. Nothing
within these guidelines shall imply or suggest that Colleyville is under any obligation to provide
incentives of any amount or value to any applicant.
Preliminary Application Steps
1. Applicant shall complete an "Application for Economic Development Incentive" as
provided by the City.
2. Applicant shall address all criteria questions outlined in Section 2. above directly on the
application form and in letter format, if additional explanation and information are
necessary.
City of Colleyville
Guidelines and Criteria
Page 9 of 10
3. Applicant shall prepare a plat showing the precise location of the property, all roadways
within 200 feet of the site, and all existing land uses and zoning within 200 feet of the
site. If the property is described by metes and bounds, then the applicant shall also
provide a complete legal description.
4. Applicant shall present the application to the Director of Economic Development and
obtain his/her signature that the package is complete before formal submission to the
City.
Applicant shall complete all forms and information detailed in items 1 through 3 above and
submit them to the Director of Economic Development, City of Colleyville, 100 Main Street,
Colleyville, Texas 76034.
Application Review Steps
1. All information in the application package detailed above will be reviewed for
completeness and accuracy. Additional information may be requested as needed.
2. The application will be distributed to the appropriate City departments for internal review
and comment~. Additional information may be requested as needed.
3. Copies of the complete application package and staff comments will be provided to the
City Council.
4. In light of the proprietary nature of this data, all information included within the
application shall remain confidential unless and until formal action is taken to establish
an incentive agreement.
Consideration of the Aaalication
The City Council will consider the application at a regular or called meeting(s). State law
stipulates that incentives need to be endorsed by a local governing body. Therefore, additional
information may be requested as needed.
The City Council of Colleyville may consider a resolution calling a public hearing to consider
establishment of a tax reinvestment or redevelopment zone or other zone designation as
deemed appropriate.
The Colleyville City Council shall hold a public hearing and determine whether the project is
"feasible and practical" and whether it "would be of benefit to the land to be included in the zone
and to the municipality."
The City Council of Colleyville may consider adoption of an ordinance or resolution, as deemed
appropriate, designating the area described in the legal description of the proposed project.
The City Council may consider adoption of a resolution approving the terms and conditions of a
contract between the City and the applicant governing the provision of the economic
development incentives.
City of Colleyville
Guidelines and Criteria
Page 10 of 10
If the City Council chooses to grant a tax abatement, the City must designate an area as a
reinvestment zone. Any City designating a reinvestment zone must make two findings:
1. Proposed improvements are feasible and practical and would benefit the zone; and
2. The zone meets one of the eligible criteria for reinvestment zones. The City's criterion
include 1) whether the proposed project within the zone is likely to contribute to the
retention or expansion of primary employment or 2) to attract investment within the zone.
RESOLUTION R-11-3313
A RESOLUTION ESTABLISHING AN ARCHITECTURAL REVIEW COMMISSION
WHEREAS, the City of Colleyville has a new set of Economic Development Incentive
Guidelines and Criteria, which City Council unanimously adopted through
Resolution R-10-3286 on November 3, 2010; and
WHEREAS, this program includes a provision that applications related to fa~ade
improvements or pole signage removal and replacement be reviewed by
an Architectural Review Commission; and
WHEREAS, Colleyville is home to numerous residents who are architectural, planning
or engineering design professionals, or who work in development-related
fields, who consider design issues on a daily basis and who have the
expertise to benefit the City's future development and redevelopment; and
WHEREAS, the creation of an Architectural Review Commission will further engage
the Colleyville community in the City's economic development efforts; and
WHEREAS, an Architectural Review Commission will provide an analysis of issues
such as the quality and effectiveness of Colleyville's Commercial Design
Standards and the possibility of an Overlay District within the core of the
Colleyville Boulevard corridor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the Colleyville City Council hereby establishes an Architectural
Review Commission, to be appointed by the City Council.
Sec. 2. THAT the Architectural Review Commission shall serve in an advisory role
to the Colleyville City Council and is hereby charged with the following
responsibilities:
a. To evaluate and make recommendations on matching grant
program applications for facade improvements and/or pole
signage replacements
b. To evaluate the quality and effectiveness of Colleyville's
Commercial Design Standards
c. To evaluate the possibility of an Overlay District within the core
of the Colleyville Business Corridor, as well as oversee
recommendations on any related Design Guidelines which may
be subsequently adopted
Resolution R-11-3313
Page 2 of 2
d. To conduct other architectural and design-related studies as
requested by the City Council
Sec. 3. THAT the Architectural Review Commission shall be composed of seven
(7) members. Three (3) members shall be appointed by the City Council
for an initial term of one (1) year and four (4) members shall be appointed
by the City Council for a term of two (2) years, with subsequent
appointees serving two year terms.
Sec.4. THAT any Commission member who has designed, worked on or
consulted with a matching grant program applicant or agenda subject,
shall recuse themselves from voting in those circumstances.
Sec. 5. THAT any member with unexcused absences from three (3) consecutive
meetings or not exhibiting interest in the work of the Commission shall be
reported to the City Council, which may at their discretion remove the
Commission member and appoint a replacement.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, , NAYS AND
ABSTENTIONS ON THIS THE DAY OF 2011.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
File Number: R-11-3314
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: R-11-3314
File Type: Resolution
Status: Resolution
Version: 1
Requester: Office of the City
Manager
Agenda Date: 01/18/2011
Agenda No.: 6c
Controlling Body: City Council
Final Action:
File Name: Approval to pass through a water and sewer rate increase received by the City of Colleyville
from the Trinity River Authority
Attachments: FY 2011-2015 Utility Rate Plan - Wthout TRA Rate Increase Pass Through.pdf • FY
2011-2015 Plan - Pass Through of TRA Rate Increases Including Minimum Bill Gallons.pdf •
Water and sewer rate comparison of surrounding cities.pdf • Resolution R-11-3314.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Approval to pass through a water and sewer rate increase received by the City of Colleyville
from the Trinity River Authority
Explanation
Reading and Public Hearing
Trinity River Authority (TRA) is the sole provider of the City's treated water and sewer.
TRA's Fiscal Year 2011 (FY 2011) budget went into effect on December 1, 2010. The FY
2011 TRA rate per 1,000 gallons for treated water is $2.32 and the rate per 1,000 gallons
for treated sewer is $1.63. The TRA rates for FY 2010 were $2.27 for water and $1.53 for
sewer, a$.05 and $.10 increase, respectively. The increases in the rates are due to greater
costs for chemicals and debt service for recent TRA debt issuances to fund federal
environmental mandates and replacement of aging infrastructure.
The City's current water and sewer rate structure of $3.48 per 1,000 gallons of water and
$2.17 per 1,000 gallons of sewer is based upon the FY 2010 TRA rates: water at $2.27 per
1,000 gallons and sewer at $1.53 per 1,000 gallons. As a part of the FY 2011 budget
presentation, staff informed the City Council that a pass through rate increase would be
necessary in the event TRA's FY 2011 rates were greater than those in the City's current
rate structure. Ordinance 0-89-741 allows a direct pass through of rate increases on all
usage above 2,000 gallons for treated water and sewer by Trinity River Authority to be
adopted by resolution.
Exhibit "A" is a five year projection of utility fund expenses and coverage for FY 2011-2015
under the current rate structure. Due to future TRA rate increases, the current water and
City of Colleyville Page 1 Printed on 1/13/2011
Aaenda Briefinp Continued (R-11-33141
sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio
needed for the approved Capital Improvement Program. For FY 2011, the projected debt
coverage ratio is 1.15 and does not meet the 1.20 debt coverage ratio required by the utility
bond covenants. When the debt coverage ratio is not met, the rating agencies can
downgrade the ratings on existing revenue bonds and future bonds cannot be sold unti l the
coverage ratio is met. In order to meet the required debt coverage ratio for FY 2011, a TRA
pass through water rate adjustment of $0.05 per thousand and a sewer rate adjustme nt of
$0.10 per thousand is needed.
At the December 14, 2010 Pre Council meeting, a rate proposal was presented to City
Council, in which both TRA water and sewer rate increases would be passed along on all
usage above 2,000 gallons and the first 2,000 gallons of usage included in the minimum bill.
Exhibit "B" is a five year projection of utility fund expenses and coverage for FY 2011-2015,
under the aforementioned rate structure of future water and sewer TRA rate increases also
being passed through on the first 2,000 gallons of water and sewer usage included in the
minimum bill. This rate proposal would provide financial stability by keeping the utility
coverage ratio above 1.20.
At the December 14, 2010 Pre Council meeting, City Council directed staff to bring forward
at the January 18, 2011 City Council meeting, a resolution passing through the FY 2011
TRA water and sewer rate increases of $0.05 and $0.10, respectively, on all monthly usage
above 2,000 gallons, as authorized by the Ordinance 0-89-741. Resoluti on R-11-3314
proposes the TRA pass through water rate increase of $.05 and t he TRA pass through
sewer rate increase of $.10 to be effective February 1, 2011. So that there is an awareness
of future TRA rate increases, Exhibit " A" displaying TRA projected rates for FY 2011-2015
is included with the resolution.
City Council also directed staff to bring forward, at the January 4, 2011 City Council
meeting, an ordinance incorporating the FY 2011 TRA pass through water and sewer rate
increase into the first 2,000 gallons of usage included in the minimum bill, as the existing
Ordinance 0-89-741 does not include a provision to pass through TRA water and sewer
rate increases on the first 2,000 gallons of usage included in the minimum bill. For FY
2011, this would be a monthly increase of $0.10 and $0.20 for water and sewer,
respectively on the minimum bills. Ordinance 0-11-1788, which passes through future TRA
rate increases in the minimum bill, was presented to the City Council for first reading on
January 4, 2011 and is included on the January 18, 2011 City Council agenda for second
reading.
The proposed monthly increase to a customer with average usage of 15,000 gallons of
water and 10,000 gallons of sewer would be $1.75 for the pass thorough of TRA water and
sewer increases on all usage above 2,000 gallons and the first 2,000 gallons included in the
minimum bill. As a point of reference, the cities of Bedford, Euless, Hurst and North
Richland Hills have increased their water and sewer rates for the FY 2011 budget. Per the
attachment, Water and Sewer Rate Comparison of Surrounding Cities, Colleyville citizens
would pay $16.26 less than the average of the surrounding cities for 15,000 gallons of water
and 10,000 gallons of sewer under the TRA pass through rate increase proposal.
Financial Impact
The pass through of future TRA water and sewer rate increases generate sufficient
City of Colleyville Page 2 Printed on 1/13/2011
Aaenda Briefinp Continued (R-11-33141
coverage to offset the increase in TRA rates for treated water and sewer.
Recommendation
Approval
City of Colleyville Page 3 Printed on 1/13/2011
FIVE YEAR PROJECTION OF UTILITY FUND EXPENSES/COVERAGE FY 2011 - FY 2015
WITHOUT PASS THROUGH OF TRA RATE INCREASES
ASSUMPTIONS: 70 NEW WATER/SEWER CUSTOMERS ANNUALLY
FISCAL YEAR
AVERAGE ANNUAL WATER CUSTOMERS
AVERAGE MONTHLY USAGE
AMOUNT DERIVED FROM MINIMUM BILL
AMOUNT DERIVED FROM VOLUME CHARGE
AVERAGE ANNUAL SEWER CUSTOMERS
AVERAGE MONTHLY USAGE
AMOUNT DERIVED FROM MINIMUM BILL
AMOUNT DERNED FROM VOLUME CHARGE
OPERATING REVENUE
WATER SALES
CUMULATIVE TRA PASS-THROUGH WATER RATE INCREASE
SEWER CHARGES
CUMULATIVE TRA PASS-THROUGH SEWER RATE INCREASE
WATER INSTALLATION
SEWER INSTALLATION
ENGINEERING AND DEVELOPMENT
PENALTY
SEWER TIE ON REVENUE
MISC REVENUE
TOTAL OPERATING REVENUE
OPERATING EXPENSES:
ADMINISTRATION
BILLING
OPERATIONS
TRA WATER
TRA SEW ER
OPERATING TRANSFER
TOTAL OPERATING EXPENSES
OPERATING INCOME
PLUS NON-OPERATING REVENUE (INT INC)
NETINCOME
CALCULATION OF AMOUNT AVAILABLE FOR DEBT COVERAGE:
ANNUAL DEBT SERVICE
2002 REFUNDING SERIES
2004 REFUNDING SERIES
2010 REFUNDING BOND ISSUE
TOTAL ANNUAL DEBT SERVICE
AMOUNTAVAILABLE FOR COVERAGE RATIO
AMOUNT NEEDED FOR COVERAGE RATIO
TARGET COVERAGE RATIO-CIP PROGRAM
AMOUNT UNDER CIP TARGET
TARGET COVERAGE RATIO
ACTUAL COVERAGE RATIO
PASS THROUGH TRA RATE INCREASES
ANNUAL PASS THROUGH TRA WATER INCREASE - PER 1,000 GALLON
CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES
ANNUAL PASS THROUGH TRA SEWER INCREASE - PER 1,000 GALLON
CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES
2011 2012 2013 2014 2015
9, 021 9, 091 9,161 9, 231 9, 301
21,168 21,168 21,168 21,168 21,168
$1,299,024 $1,309,104 $1,319,154 $1,329,264 $1,339,344
$7,232,966 $7,289,091 $7,345,217 $7,401,342 $7,457,467
EXHIBIT A
8,398 8,468 8,538 8,608 8,678
10,100 10,100 10,100 10,100 10,100
$866,674 $873,898 $881,122 $888,346 $895,570
$1,771,340 $1,786,104 $1,800,869 $1,815,634 $1,830,398
$8,531,990 $8,598,195
$0 $0
$2,638,013 $2,660,002
$0 $0
$21,000 $21,000
$7,000 $7,000
$5,000 $5,000
$167,550 $163,873
$5,000 $5,000
$13,000 $13,000
$8,664,401
$0
$2,681,991
$0
$21,000
$7,000
$5,000
$170,196
$5,000
$13,000
$8,730,606 $8,796,811
$0 $0
$2,703,979 $2,725,968
$0 $0
$21,000 $21,000
$7,000 $7,000
$5,000 $5,000
$171,519 $172,842
$5,000 $5,000
$13,000 $13,000
$11,388,553 $11,478,070 $11,567,587 $11,657,104 $11,746,621
$204,092 $208,174 $212,338 $216,584 $220,916
$372,114 $379,556 $387,148 $394,891 $402,788
$1,868,203 $1,872,927 $1,910,385 $1,948,593 $1,987,565
$5,528,531 $5,489,780 $5,684,509 $6,044,945 $6,203,804
$1,692,257 $1,826,750 $2,040,285 $2,210,251 $2,304,394
$816,297 $893,600 $900,656 $907,711 $914,767
$10,481,494 $10,670,787 $11,135,320 $11,722,975 $12,034,234
$907,059 $807,283 $432,267 -$65,871 -$287,613
$50,000 $50,000 $50,000 $50,000 $50,000
$957,059 $857,283 $482,267 -$15,871 -$237,613
$247,688 $249,288
$199,338 $202,624
$383,026 $381,100
$830,052 $833,012
$957,059 $857,283
$996,062 $999,614
$1,230,052 $1,233,012
-$272,992 -$375,729
1.20 1.20
1.15 1.03
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0
$195,723
$632,100
$827,823
$482,267
$993,388
$1,227,823
-$745,556
1.20
0.58
$0.00
$0.00
$0.00
$0.00
$0 $0
$198,673 $0
$620,500 $490,100
$819,173 $490,100
-$15,871 -$237,613
$983,008 $583,120
$1,219,173 $890,100
$1,235,044 -$1,127,713
120 120
(0.02) (0.48)
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
FIVE YEAR PROJECTION OF UTILITY FUND EXPENSESICOVERAGE FY 2011 - FY 2015 EXHIBIT B
PASS THROUGH OF TRA RATE INCREASES INCLUDING MINIMUM BIL L FIRST 2,000 GALLONS
ASSUMPTIONS: 70 NEW WATER/SEWER CUSTOMERS ANNUALLY
FISCAL YEAR 2011 2012 2013 2014 2015
AVER4GEANNUAL WATER CUSTOMERS 9,021 9,091 9,161 9,231 9,301
AVERAGEMONTHLYUSAGE 21,168 21,168 21,168 21,168 21,168
AMOUNT DERIVED FROM MINIMUM BILL $1,299,024 $1,309,104 $1,319,184 $1,329,264 $1,339,344
AMOUNT DERIVED FROM VOLUME CHARGE $7232,966 $7289.091 $7.345217 $7,401.342 $7.457,467
AVERAGEANNUAL SEWER CUSTOMERS
AVERAGE MONTHLY USAGE
AMOUNT DERIVED FROM MINIMUM BILL
AMOUNT DERIVED FROM VOLUME CHARGE
8,398 5,468 8,538 8,608 8,678
10,100 10,100 10,100 10,100 10,100
$866,674 $873,898 $881,122 $888,346 $895,570
$1,771,340 $1,736,104 $1,800,869 $1,815,634 $1,830,398
OPERATING REVENUE
WATER SALES
CUMULATIVE TRA PASS-THROUGH WATER RATE WCREASE
WATER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS
SEWER CHARGES
CUMULATIVE TRA PASS-THROUGH SEWER RATE INCREASE
SEWER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS
WATER INSTALLATION
SEWER INSTALLATION
ENGINEERING AND DEVELOPMENT
PENALTY
SEWER TIE ON REVENUE
MISC REVENUE
$8,531,990 $8,598,195
$102.839 $103,637
$10,825 $10,909
$2,638,013 $2,660,002
$80,621 $178,844
$20,155 $44,711
$21,000 $21,000
$7,000 $7,000
$5,000 $5,000
$170,302 $173,110
$5,000 $5,000
$13,000 $13,000
$8,664,401
$167,097
$17,589
$2,681,991
$327,859
$81,965
$21,000
$7,000
$5,000
$177,620
$5,000
$13,000
$8,730,606 $8,796,811
$441,980 $551,363
$46,524 $58,038
$2,703,979 $2,725,968
$454,502 $516,515
$113,626 $129,129
$21,000 $21,000
$7.000 $7,000
$5,000 $5,000
$184,966 $1S8,S60
$5,000 $5,000
$13,000 $13,000
TOTAL OPERATING REVENUE
$11,605,746 $11,320,409 $12,169,521 $12,727,184 $13,017,684
OPERATING EXPENSES
ADMINISTRATION
BILLING
OPERATIONS
TRA WATER
TRA SEWER
OPERATING TRANSFER
$204,092 $208,174 $212,338 $216,584 $220,916
$372,114 $379,556 $357.148 $394,891 $402,788
$1,868,203 $1,872,927 $1,910,385 $1,943,593 $1,987,565
$5,528,531 $5,489,780 $5,684,509 $6,044,945 $6,203,804
$1,692,257 $1,326,750 $2,040,285 $2,210,251 $2,304,394
$816,297 $908277 $923254 $947.308 $986,485
TOTAL OPERATING EXPENSES
OPERATING WCOME
PLUS NON-OPERATING REVENUE (INT WC)
NETINCOME
ANNUAL DEBT SERVICE
2002 REFUNDING SERIES
2004 REFUNDING SERIES
2010 REFUNDING BOND ISSUE
ANNUAL DEBT SERVICE
AMOUNT AVAILABLE FOR COVERAGE RATIO
AMOUNT NEEDED FOR COVERAGE RATIO
TARGET COVERAGE RATIO-CIP PROGRAM
AMOUNT UNDER CIP TARGET
TARGET COVERAGE RATIO
ACTUAL COVERAGE RATIO
PASS THROUGH TRA RATE INCREASES
ANNUAL PASS THROUGH TRA WATER INCREASE - PER 1,000 GALLON
CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES
ANNUAL PASS THROUGH TRA SEWER INCREASE - PER 1,000 GALLON
CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES
$10,481,494 $10,685,464 $11,157,919 $11,762,571 $12,105,953
$1,124,252 $1,134,945 $1,011,603 $964,613 $911,731
$50,000 $5Q000 $50,000 $50,000 $50,000
$1.174252 $1.184.945 $1,061.603 $1,014,613 $961,731
$247,688 $249,288 $0 $0 $0
$199,333 $202,624 $195,723 $198,673 $0
$383,026 $381,100 $632,100 $620,500 $490,100
$830,052 $833,012 $827,823 $819.173 $490,100
$1,174,252 $1,184,945 $1,061,603 $1,014,613 $961,731
$996,062 $999,614 $993,388 $983,008 $588,120
$1,230,052 $1233,012 $1,227,823 $1,219,173 $890,100
-$55,800 -$48,067 -$166,220 -$204,560 $71,631
1.20 1.20 1.20 1.20 1.20
1.41 1.42 1.28 1.24 1.96
$0.05 $0.00 $0.03 $0.13 $0.05
$0.05 $0.05 $0.08 $0.21 $0.26
$0.10 $0.12 $0.18 $0.15 $0.07
$0.10 $0.22 $0.40 $0.55 $0.62
WATER AND SEWER RATE COMPARISON OF SURROUNDING CITIES
WATER RATE COMPARISON OF SURROUNDING CITIES
MINIMUM # OF GALLONS BILL FOR RATE PER
CITY BILL IN MINIMUM 2,000 GALS 1,000 GALS
BEDFORD
EULESS "
GRAPEVINE
HURST
KELLER x`
NORTH RICHLAND HILLS
SOUTHLAKE "
AVERAGE
COLLEYVILLE CURRENT
VARIANCE IN RATES
CUSTOMER CUSTOMER CUSTOMER
BILL BILL BILL
10,000 GALS 15,000 GALS 20,000 GALS
$47.27 $61.72 $76.17
$37.21 $56.51 $76.36
$31.67 $45.37 $59.07
$57.78 $85.33 $112.88
$43.14 $59.04 $74.94
$55.50 $78.60 $101.70
$49.92 $67.27 $84.62
$46.07 $64.83 $83.68
$39.84 $57.24 $74.64
($6.23) ($7.59) ($9.04)
AVERAGE $14.59 $17.82 $3.60 $46.07 $64.83 $83.68
COLLEYVILLE PROPOSED * $12.10 2,000 $12.10 $3.53 $40.34 $57.99 $75.64
VARIANCE IN RATES ($2.49) ($5.72) ($0.07) ($5.73) ($6.84) ($8.04)
`* TIERED WATER ARE IN EFFECT /N THE FOLLOW/NG CIT/ES:
~' EULESS' WATER RATE IS $2.27 FOR 0 TO 2,000 GALLONS, $3.20 FOR 3,001 TO 8,000 GALLONS, $3.75 FOR 9,000 TO 15,000
GALLONS, $4.10 FOR 16,000 TO 35,000 GALLONS, AND $4.66 FOR ALL USAGE ABOVE 35,000 GALLONS
~' KELLER'S WATER RATE IS 1.69 FOR 0 TO 2,000 GALLONS, $2.86 FOR 2,000 TO 10,000 GALLONS, $3.18 FOR 10,001 TO 20,000 GALLONS,
$3.61 FOR 20,001 TO 25,000 GALLONS, $4.72 FOR 25,000 TO 40,000 GALLONS, AND $5.15 FOR ALL USAGE ABOVE 40,000 GALLONS
" SOUTHLAKE'S WATER RATE IS $2.97 FOR 2,000 TO 10,000 GALLONS, $3.47 FOR 10,001 TO 25,000 GALLONS
AND $3.72 FOR 25,000 TO 40,000, AND $4.22 FOR ALL USAGE ABOVE 40,000 GALLONS
^^ RATES SHOWN ARE THE AVERAGE OF THE TIERED RATE USAGE OF 0-20,000 GALLONS
$18.37
$7.95
$9.75
$13.70
$16.88
$9.30
$26.16
$14.59
$12.00
($2.59)
0
0
2,000
2,000
0
0
2,000
2.000
$24.15
$12.49
$9.75
$13.70
$20.26
$18.24
$26.16
$17.82
$12.00
($5.82)
$2.89
$3.32 ^^
$2.74
$5.51
$2.90 nn
$4.62
$3.25 ^^
$3.60
$3.48
($0.12)
SEWER RATE COMPARISON OF SURROUNDING CITIES
CITY MINIMUM # OF GALS BILL FOR RATE PER
BILL IN MINIMUM 2,000 GALS 1,000 GALS
BILL
BEDFORD $10.88 0 $14.32
EULESS $6.75 0 $12.07
GRAPEVINE $7.80 2,000 $7.80
HURST $9.92 0 $16.28
KELLER $11.85 0 $17.41
N RICHLAND HILLS $7.27 0 $12.49
SOUTHLAKE $26.16 2,000 $26.16
AVERAGE
COLLEYVILLE CURRENT
VARIANCE IN RATES
AVERAGE
COLLEYVILLE PROPOSED *
VARIANCE IN RATES
WINTER
AVERAGE
BILLED
Y
N
Y
Y
Y
Y
N
CUSTOMER
BILL
10,000 GALS
$28.08
$33.35
$33.88
$41.72
$34.09
$33.37
$50.16
Y $36.38
Y $25.96
($10.42)
Y $36.38
Y $26.96
($9.42)
x COLLEYVILLE PROPOSED INCLUDES PASS THROUGH OF TRA RATE INCREASE PER 1,000 GALLONS OF WATER USAGE ($.O5)
AND SEWER USAGE ($.10) ON ALL GALLONS OF USAGE, INCLUDING THE FIRST 2,000 GALLONS INCLUDED IN THE MINIMUM BILL
$11.52
$8.60
($2.92)
$11.52
$8.80
($2.72)
2.000
2,000
$15.22
$8.60
($6.62)
$15.22
$8.80
($6.42)
$1.72
$2.66
$3.26
$3.18
$2.78
$2.61
$3.00
$2.74
$2.17
($0.57)
$2.74
$2.27
($0.47)
RESOLUTION R-11-3314
A RESOLUTION PASSING THROUGH A WATER AND SEWER RATE INCREASE
FROM THE TRINITY RIVER AUTHORITY TO THE CITY OF COLLEYVILLE
WHEREAS, in Fiscal Year 2011, the Trinity River Authority has increased the cost per
thousand gallons of treated water by $.05 and increased the cost per
thousand gallons of treated sewer by $.10 to the City of Colleyville; and
WHEREAS, under Ordinance 0-89-741, the City Council may, by Resolution, increase
rates proportionately to pass through direct increases by Trinity River
Authority for water delivery charges or sewer treatment charges; and
WHEREAS, Trinity River Authority provides a five-year rate projection of cost per
thousand gallons for treated water and treated sewer, which will impact
future water and sewer rates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT for all customer classes, the rate per thousand gallons of water, for
all usage greater than 2,000, shall increase from $3.48 to $3.53 effective
February 1, 2011.
Sec. 2. THAT for all customer classes, the rate per thousand gallons of sewer, for
all usage greater than 2,000, shall increase from $2.17 to $2.27 effective
February 1, 2011.
Sec. 3. THAT Exhibit "A" displays the Trinity River Authority's five-year rate
projection of cost per thousand gallons for treated water and treated
sewer by fiscal year to provide an awareness of the impact on future
water and sewer rates.
AND IT IS SO RESOLVED.
APPROVED BY
ABSTENTIONS
2011.
ATTEST:
A VOTE OF AYES, NAYS AND
ON THIS THE DAY OF
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
Exhibit "A"
Trinity River Authority's Five-Year Projected Water Rate Cost by Fiscal Year (per
1,000 gallons)
Fiscal Year 2011 $2.32
Fiscal Year 2012 $2.29
Fiscal Year 2013 $2.35
Fiscal Year 2014 $2.48
Fiscal Year 2015 $2.53
Trinity River Authority's Five-Year Projected Sewer Rate Cost by Fiscal Year (per
1,000 gallons)
Fiscal Year 2011 $1.63
Fiscal Year 2012 $1.75
Fiscal Year 2013 $1.93
Fiscal Year 2014 $2.08
Fiscal Year 2015 $2.15
SPEAKER CARD
Date: ~ - ~ ~ _~ (
I wish to address the City Council on the foilowing subject:
Agenda Item Number:
~
Telephone No. ~/Z ~ f 7-36~/
organizationise~t
Signed:
~~~
This infokt~-~tion is a Public Record
1 understand that / am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the ru/es" in order to hear
public comments or question~
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Report Status: Reports
Version: 1 Agenda Date: 01/18/2011 Controlling Body: City Council
Requester: Office of the City Agenda No.: 8 Final Action:
Secretary
File Name: Reports - January 18, 2011
Attachments: Zoning Board of Adjustment Minutes- December 8, 2010 • Sign Board of Appeals Minutes -
December 8, 2010
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/18/2011 City Council
Title
Zoning Board of Adjustment Minutes - December 8, 2010
Sign Board of Appeals Minutes - December 8, 2010
City of Colleyville Page 1 Printed on 1/13/2011
~"'=~~~ City of Colleyville
~ ~ ~ ~~'~ Minutes - Final
r, ~.t,
Zoning Board of Adjustment
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Wednesday, December 8, 2010 7:00 PM City Council Chambers
1. CALL TO ORDER
The Zoning Board of Adjustments meeting of the City of Colleyville was
called to order by Chairman McNosky on December 8, 2010 at 7:00 p.m.
2. ROLL CALL
Present: Board members Jim Gotcher, Ed Moore, Dee McNosky and
Tracy Doyle (Alternate 2)
Absent: Board members Skip Reynolds
Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Moore moved to approve the June 8, 2010 meeting
minutes. Board member Gotcher seconded.
The motion carried by the following vote:
Aye: 5- Gotcher, Moore, Doyle and McNosky
Absent: 1 - Reynolds
5. SWEARING IN OF RE-APPOINTED AND NEWLY APPOINTED MEMBERS
Amy Shelley adminsitered the oath of office to the newly and
re-appointed members.
Present: Board members Jim Gotcher, Ed Moore, Dee McNosky, Tracy
Doyle and John Okray (Alternate 2)
Absent: Board members Skip Reynolds and Eric Hulet
Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley
6. ELECTION OF OFFICERS
Board member Moore moved to approve Dee McNosky as the Chairman
of the Board. Board member Gotcher seconded.
City of Colleyville Page 1 Printed on 1/12/2011
Zoning Board of Adjustment Minutes - Final December 8, 2010
Board member Gotcher moved to approve Ed Moore as the Vice
Chairman of the Board. Board member poyle seconded.
Board member McNosky moved to approve Amy Shelley as the
Recording Secretary of the Board. Board member Gotcher seconded.
The motion carried by the following vote:
Aye: 5- Gotcher, Moore, Doyle and McNosky
Absent: 1 - Reynolds
7. PUBLIC HEARING AGENDA ITEMS
7a Case VC10-005 - Request for a variance to the side setback
requirements of Chapter 3 of the Land Development Code on Lot 1,
Block 1 of the Fisher Addition located at 5513 Montclair Drive
Ron Ruthven presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:12 p.m.
Don Enty, the applicant and property owner, came forward to present the
case and brief the Board members.
Chairman McNosky questioned staff regarding if Mr. Enty's request to
abandon Ruth Road can be heard by this Board. Ron Ruthven stated
that the Zoning Board of Adjustment is not the venue to ask for a road
abandonment, only City Council can approve a road abandonment.
Chairman McNosky questioned staff regarding if the Board can allow for
such a variance given the issue with Ruth Road. Ron Ruthven replied
yes.
Discussion occurred between Board member Moore and staff regarding
the streets in this area.
Steve Pence, 5601 Montclair Drive, came forward and spoke in
opposition to this variance request.
Mr. Enty came forward and restated that Ruth Road needs to be
abandoned to resolve these issues.
Board member Moore questioned Mr. Enty regarding if the current home
is going to be torn down. Mr. Enty replied correct.
Discussion occurred between the Board members and Mr. Enty
regarding all of the existing structures.
City of Colleyville paye 2 Printed on 1/12/2011
Zoning Board of Adjustment Minutes - Final December 8, 2010
Board member Moore questioned Mr. Enty regarding if trees will be
taken down. Mr. Enty replied there are a few small trees that will be
taken down to clean up the property.
Board member Moore questioned Mr. Enty regarding the proximity of the
location of the new home. Mr. Enty used the exhibits to show the Board
members the location of the new structure.
Board member Gotcher questioned staff regarding if the new structure is
proposed to be 3 feet next to the property line adjacent to Ruth Road as
it exists today. Ron Ruthven replied yes.
Board member Gotcher questioned staff that if Ruth Road is divided in
half, like it was done previously, would the new structure comply with the
set back requirements. Ron Ruthven replied yes.
Chairman McNosky questioned staff regarding if there is a possibility that
if Ruth Road is abandoned, it could all go to the adjacent property owner.
Ron Ruthven replied yes.
Chairman McNosky further stated that if that scenario plays out, then the
structure will sit closer to the adjacent property owner's property line.
Ron Ruthven concurred.
Board member Moore questioned Mr. Enty regarding the opposite side
of the house. Mr. Enty replied that is an office which is within the side
setback. Ron Ruthven concurred and restated that the variance request
is for the area adjacent to Ruth Road.
Board member Gotcher stated to Mr. Enty that there is some confusion
with this drawing. Mr. Enty replied the drawing for that side is in error,
the structure meets the set back requirement for that side.
Board member Gotcher questioned Mr. Entry regarding what are the
plans if the variance is not approved. Mr. Enty replied he wants some
resolution for Ruth Road and then will try and set the structure back so
that he is within the set back requirements.
Board member Moore questioned Mr. Enty regarding how far back would
the proposed structure have to be moved in order to make the set back
requirements. Mr. Enty replied he would only have to move the garage
15 feet to make it work.
Board member poyle questioned staff regarding if the City actually has
the right of way for Ruth Road, has it been deeded over to the City? Ron
Ruthven replied it was dedicated as part of a plat.
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Board member poyle stated the encroachment would actually be on City
property. Ron Ruthven replied correct.
Board member Gotcher stated that Mr. Enty's quest to get resolution on
Ruth Road is beyond what the Board can approve, it will have to go
before City Council. He stated he would recommend that the Board
table this item or take a vote.
Mr. Enty stated he has been working with City Council for a good year,
with no resolution. He stated with the approval of the variance, he can
start building the house and then work towards getting a resolution on
Ruth Road.
Chairman McNosky stated understanding both positions, and stated the
request for the abandonment of Ruth Road is for City Council. She
stated the variance could be granted, however with the outstanding legal
issues she stated being uncomfortable with making that decision.
Board member Gotcher stated understanding the situation, but it is, to
some extent, it is a self imposed hardship.
There being no one wishing to speak, the public hearing was closed at
7:48 p.m.
Board member Moore moved to deny case VC 10-005. Board member
Gotcher seconded.
The motion to deny failed by the following vote:
Aye: 3- Gotcher, Moore, McNosky
Nay: 2- Doyle, Okray, Alt. 2
Ron Ruthven reminded the Board members that if the motion fails,
the case is automatically denied according to the rules of
procedure.
7b Case VC10-006 - Request for a variance to the side setback
requirements of Chapter 3 of the Land Development Code on Lot 1,
Block 1 of the Couch Potatoe Farm Addition located at 1700 Oak Knoll
Drive
Ron Ruthven presented the case and briefed the Board members
Mike and Cathy Neece, the applicants and property owners, came
forward to present the case and brief the Board members.
Chairman McNosky opened the public hearing at 7:48 p.m.
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Zoning Board of Adjustment Minutes - Final December 8, 2010
Board member Okray questioned Mrs. Neece regarding which neighbors
are in support of this request. Mrs. Neece replied the neighbors the west
and east. She further stated the neighbors to the rear are way far away.
Discussion occurred between Board member Gotcher and staff
regarding the placement of the bay window with regards to the set back
requirements.
There being no one wishing to speak, the public hearing was closed at
7:56 p.m.
Board member Moore moved to approve case VC 10-006. Board
member Gotcher seconded.
The motion carried by the following vote:
Aye: 5- Gotcher, Moore, Doyle, McNosky, Okray, Alt. 2
Absent: 2- Reynolds, Hulet, Alt. 1
8. ADJOURNMENT
The meeting adjourned at 8:00 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, December 3, 2010 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on January 11, 2011.
City of Colleyville Page 5 Printed on 1/12/2011
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Wednesday, December 8, 2010
7:15 PM
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
City Council Chambers
1. CALL TO ORDER
The Zoning Board of Adjustments meeting of the City of Colleyville was
called to order by Chairman McNosky on December 8, 2010 at 8:03 p.m.
2. ROLL CALL
Present: Board members Jim Gotcher, Ed Moore, Dee McNosky, Tracy
Doyle and John Okray (Alternate 2)
Absent: Board members Skip Reynolds and Eric Hulet
Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Moore moved to approve the September 14, 2010
meeting minutes as written. Board member poyle seconded.
The motion carried by the following vote:
Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2
Absent: 2- Reynolds, Hulet, Alt. 1
5. PUBLIC HEARING AGENDA ITEMS
5a Case SC10-005 - Approval of a request for a variance from the sign
regulations for a monument sign on Lot 1, Block 1 of the Cannatella
Business Plaza Addition located at 7111 Colleyville Boulevard.
Jackie Reyff presented the case and briefed the Board members.
Kirt and Donna Kaufman, 7111 Colleyville Boulevard, the applicants and
property owners, came forward to present the case and brief the Board
members.
Chairman McNosky opened the public hearing at 8:16 p.m.
Board member Moore questioned Mrs. Kaufman regarding if the sign is a
reader board or changeable sign. Mrs. Kaufman replied the board could
City of Colleyville
Minutes - Final
Sign Board of Appeals
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Sign Board of Appeals Minutes - Final December 8, 2010
be changed but it is not electronic.
Board member Okray questioned Mrs. Kaufman regarding the cascade
look. Mrs. Kaufman replied the columns are different sizes.
Board member Moore stated there are two requests, one for the location
and one for the design.
Chairman McNosky stated, for clarity, that staff is recommending
approval on the location of the sign but not the design of the sign. Ron
Ruthven concurred and stated the columns must be masonry, according
to the sign code.
Board member Gotcher questioned Mrs. Kaufman regarding what are
the plans if the variance for the placement of the sign is approved but not
the design of the sign. Mrs. Kaufman replied not wanting to put two eight
foot columns because the sign would become cumbersome. She stated
she may make the columns smaller.
Board member Gotcher stated the layout of the property has created the
need for this design on the sign. Mrs. Kaufman concurred.
Chairman McNosky questioned Mrs. Kaufman regarding if a more
traditional sign limit the visibility of the location. Mrs. Kaufman stated the
sign gives them an opportunity to show case their designs by being
unique, not necessarily limit the visibility of the business.
Board member Moore questioned Mrs. Kaufman regarding if the trees, in
the summer time, will block the visibility of the sign. Mrs. Kaufman
replied the highway department has removed the trees that would block
the sign.
Board member Moore questioned Mrs. Kaufman regarding if the
placement of the sign would be on the north or south side of the
driveway. Mrs. Kaufman replied the north side of the driveway.
There being no one wishing to speak, the public hearing was closed at
8:22 p.m.
Board member Gotcher stated there is a unique layout of the property .
He further stated this is a true hardship because of what the state is
requiring. He stated the design requirements are not that far from what
the code requires and therefore could support the request.
Chairman McNosky concurred and stated this sign is being proposed in
the spirit of the code requirements.
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Board member Moore moved to approve case SC 10-005 as written with
both the location and design of the sign. Board member Gotcher
seconded.
The motion carried by the following vote:
Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2
5b Case SC10-006 - Approval of a request for a variance from the sign
regulations for a monument sign on Lot 3R1A, Block 1 of the Centerpark
Addition located at 4607 Colleyville Boulevard
Jackie Reyff presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 8:27 p.m.
Van Miller, representing the property owner, came forward to present the
case and brief the Board members.
Board member Moore questioned Mr. Miller regarding if the existing sign
was previously approved as a reader board sign. Mr. Miller replied the
existing nor the proposed sign are not being requested as a reader
board sign.
Board member Moore questioned staff regarding if the height of the sign
is being caused by the base of the sign. Ron Ruthven replied the height
of the sign is measured from the base to the top of the sign, not
necessarily the actual sign area.
Mr. Miller stated architecturally, the roof, is unique to go along with the
bank design.
Board member Moore questioned Mr. Miller regarding if the current and
proposed sign area are the same size. Mr. Miller replied yes.
Board member Moore questioned staff regarding if the total square
footage is measured by just the sign area, not necessarily the masonry
that surrounds the sign, correct? Ron Ruthven replied correct, however,
the total height is measured including the masonry.
Board member Okray questioned Mr. Miller regarding what are the
options if the variance is not approved. Mr. Miller stated there are really
not a lot of options.
Board member Moore stated the existing sign is 12 feet tall and the
proposed sign is 10 feet tall. He further stated that is a decrease in size
not an increase in size, overall. Ron Ruthven stated the existing sign
does comply with current code requirements. He further stated the
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Sign Board of Appeals Minutes - Final December 8, 2010
variance requested is for the newly proposed sign's location and
dimensions.
Discussion occurred between the Board members regarding the sign
variance being requested and the existing sign.
Board member Moore stated he agreed with the new location of the sign
but further stated he did not agree with staff's recommendation of denial
to the height requirement. He stated the applicant is requesting a less
height than what was approved before.
Chairman McNosky stated the motion could be separated or could be
done together.
There being no one wishing to speak, the public hearing was closed at
8:36 p.m.
Board member poyle questioned Mr. Miller regarding if the sign is
pushed back any further, would it place the new sign within the parking
lot area. Mr. Miller replied there is room but yes, it would be within the
parking spaces. Ron Ruthven stated there would be a sidewalk off set
from the property line, however, the City would not know until the street
is widened.
Board member Gotcher stated there have been lots of issues with SH26,
with Txdot, some have been approved and some have been denied.
Board member Gotcher moved to approve with the setback requested
and deny the height on case SC10-006. Board member Okray
seconded.
Board member Moore stated he would like the variance to be separated
for the vote; he stated he wanted to a separate vote for the placement
and a separate vote for the height.
Board member Gotcher disagreed and stated he wanted to see what
happens when the other board members vote.
Ron Ruthven stated not having an issue with seperating the vote.
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The motion failed by the following vote:
Aye: 3- Gotcher, Doyle, John Okray, Alt. 2
Nay: 2 - Moore, McNosky
Absent: 1 - Reynolds
Board member Moore moved to approve the setback variance
requested for case SC10-006. Board member poyle seconded.
The motion carried by the following vote:
Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2
Absent: 1 - Reynolds
Board member Moore moved to approve the height requested for
case SC10-006. Board member poyle seconded.
The motion failed by the following vote:
Aye: 3- Moore, Doyle, McNosky
Nay: 2- Gotcher, John Okray, Alt. 2
Absent: 1 - Reynolds
Chairman McNosky stated the setback has been approved,
however, the height variance requested has not been approved.
Board member Moore stated he would like staff to reevaluate the
drawings regarding the sign request.
Ron Ruthven stated he would research to see if the previous sign
has had any variances previously approved.
5c Case SC10-007 - Request for a variance from the sign regulations for a
monument sign on Lot 1, Block 1 of the Coptic Acres Addition located at
1110 John McCain
Jackie Reyff presented the case and briefed the Board members.
Awad Eskander, the applicant, came forward to present the case and
brief the Board members.
Chairman McNosky questioned Mr. Eskander if the sign is already
constructed? Mr. Eskander replied yes, the lettering is not on the sign.
Chairman McNosky questioned Mr. Eskander regarding if this was
constructed as a wall and then later was thought it could be used for a
sign. Mr. Eskander replied yes.
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Chairman McNosky opened the public hearing at 8:50 p.m.
Jack Olsen, 7717 Shalimar Court, came forward and spoke in support of
the request.
Board member poyle questioned staff regarding if this was a planned
development. Ron Ruthven replied the zoning for the property is
R20-Single Family Residential. He stated a church is allowed in a
residential district, however, the signage is restricted in a residentially
zoned area.
Board member Moore questioned staff regarding if this sign is not
approved, would the sign have to be reduced or demolished. Ron
Ruthven replied yes, however, if the variance is denied, the applicant
can appeal to City Council. He stated they could keep the wall if they
remove the lettering.
Chairman McNosky stated the applicants are in a unique situation
because of the location and lack of visability. She further stated the sign
is very tasteful in relation to the church.
Board member Gotcher questioned Mr. Eskander if the lettering is on the
sign. Mr. Eskander replied no, the lettering has been ordered in hopes
of using it as a sign.
Chairman McNosky stated understanding the need for the sign because
of the location on Pleasant Run Road.
Board member Okray stated the wall can stay, correct. Chairman
McNosky replied yes.
There being no one wishing to speak, the public hearing was closed at
8:54 p.m.
Board member Moore moved to approve case SC10-007 as written.
Board member Gotcher questioned Mr. Eskander regarding the lettering.
Mr. Eskander replied the lettering is a type of foam lettering with a gold
leaf covering with a depth of about an inch or an inch and half, about 14
inches in height. He further stated the lettering has been done so that it
could be read from John McCain.
Board member McNosky seconded.
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The motion was denied by the following vote:
Aye: 3- Gotcher, Moore, McNosky
Nay: 2- Doyle, John Okray, Alt. 2
Board member Okray stated the wall could be engraved as opposed
to letters sticking out. Ron Ruthven stated there is nothing in the
code, as it exists, for engraving.
Chairman McNosky stated the engraving could not be seen like
lettering. She further questioned staff regarding how could the
applicant utilize the wall for a sign. Ron Ruthven replied there is
another church, in the city, that does meet code, that is fully
masonry, with recessed lettering. He stated there are no lettering
standards within the code. He stated the Board can make a
recommendation and if the applicant wishes, they can appeal it to
City Council.
Board member Gotcher questioned staff if the Board could approve
the wall to be used as a sign, but that the applicant must get with
staff regarding the lettering. Ron Ruthven stated not being
comfortable with making that recommendation. He stated the
lettering could be specified to be no more than 12 inches, maybe a
black or dark lettering and if the applicant does not like the
recommendation, then they can appeal it to City Council.
Board member Gotcher questioned Mr. Eskander regarding what
size is the proposed lettering. Mr. Eskander stated the lettering
proposed is to be about 14 inches. He further stated that the church
committee went all over the city looking for similar signs to
compare. He stated they are open to reduce the size but that with
all of the other components of this sign, such as landscaping and
trees, the size of the lettering is important to consider.
Board member Gotcher moved to approve the request as requested
with the lettering to be no more than 12 inches in height and that
the smaller letters be in proportion to the lettering on the top for
case SC10-007. Board member Moore seconded.
Board member poyle stated this will bring the sign much closer to
being in compliance with the code. Ron Ruthven stated there are
no lettering requirements on monument signs.
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The motion carried by the following vote:
Aye: 5- Gotcher, Moore, Doyle, McNosky, John Okray, Alt. 2
Absent: 1 - Reynolds
6. ADJOURNMENT
The meeting adjourned at 9:09 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, December 3, 2010 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on January 11, 2011.
City of Colleyville pa ye g Printed on 1/12/2011
RESOLUTION R-11-3315
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
JANUARY 18, 2011
WHEREAS, Council has taken action on certain items on the agenda under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by Council action under Business this
date and not otherwise adopted by Ordinance and/or separate Resolution as
follows are hereby adopted:
a. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS
ON THIS THE DAY OF 2011.
ATTEST: CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor