HomeMy WebLinkAboutCity Council-Agenda Packets-7/5/2011~,'~'~£~~~~ :~~~~~
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City of Colleyville
Agenda
Clt)/ COUI1C11
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, July 5, 2011
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of health insurance bid analysis and recommendation
Attachments: PC-1.pdf
Health and Dental Insurance Bid Responses.pdf
Benefits - Wellness Committee Members.pdf
Medical - City of Colleyville Renewal / Proposals.pdf
Dental - City of Colleyville Renewal / Proposals.pdf
Basic Term Life - City of Colleyville Renewal Proposals.pdf
Long Term Disability City of Colleyville Renewal Proposals.pdf
Optional Employee Paid Vision - City of Colleyville Renewal /
Proposals.pdf
Surrounding Cities Health and Dental Benefits Survey.pdf
PC-2 Presentation of IESI Contractual Rate Increase in Disposal Services and
Options to Improve Residential Recycling
Attachments: PC-2.pdf
IESI Price Increase Request Correspondance.pdf
Presentation - IESI Contractual Rate Increase and Residential
Recycling Options.pdf
PC-3 Discussion of the five year update to the Roadway, Water and Sewer
Impact Fees
Attachments: PC-3.pdf
Impact Fees - Paying For Progress
Kimley-Horn Professional Services Agreement
PC-4 Update and discussion on Phase One Construction of the SH26
(Colleyville Boulevard) Project
Attachments: PC-4.pdf
PC-5 Discussion of the July 5, 2011, City Council meeting regular agenda
items
Attachments: PC-5.pdf
City of Colleyville Page 1 Printed on 7/1/2011
City Council Agenda July 5, 2011
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 - 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 of pending litigation - Raman
Chandler Properties v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, lease,
exchange or value of real property - Mineral Rights
Section 551.072 - Real Estate - Deliberate the purchase, exchange,
lease or value of real property for City facilities
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
2.
Attachments: Resolution R-11-3375
INVOCATION: Pastor Shawn Maurer, Compass Christian Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-11-3375
City of Colleyville Page 2 Printed on 7/1/2011
City Council Agenda July 5, 2011
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of National Parks and Recreation Month -
Monica Walsh, Parks and Recreation Director
Attachments: 3- Announcements, Proclamations and Presentations.pdf
Proclamation in recognition of Parks and Recreation Month.pdf
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3376
Attachments: Resolution R-11-3376
4a Approval of a donation from the Colleyville Garden Club to replace the
flower bed border at the Colleyville Senior Center
Attachments: 4a Briefing.pdf
City of Colleyville Donation and Transfer of Title Form
City of Colleyville Donation Policy.pdf
5. ORDINANCE(S)
SECOND READING AND PUBLIC HEARING
5a 0-11-1798 Approval of the Fiscal Year 2012 (FY 2012) Colleyville Crime Control
and Prevention District (CCCPD) budget
Attachments: 5a Briefing.pdf
FY 2012 Proposed CCCPD budget.pdf
Ordinance 0-11-1798.pdf
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-11-3377 Approval of a resolution to amend a mineral gas lease agreement with
Titan Operating, LLC.
Attachments: 6a Briefing.pdf
Resolution R-11-3377.pdf
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
City of Colleyville Page 3 Printed on 7/1/2011
City Council Agenda July 5, 2011
8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 5, 2011 -
Reading and Public Hearing - Resolution R-11-3378
Attachments: Resolution R-11-3378
9. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July
1, 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 4 Printed on 7/1/2011
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: 07/05/2011 Controlling Body: City Council
Requester: Human Resources Agenda No.: PC-1 Final Action:
Department
File Name: Discussion of health insurance bid analysis and recommendation
Attachments: Health and Dental Insurance Bid Responses.pdf • Benefits - Wellness Committee
Members.pdf • Medical - City of Colleyville Renewal / Proposals.pdf • Dental - City of
Colleyville Renewal / Proposals.pdf • Basic Term Life - City of Colleyville Renewal
Proposals.pdf • Long Term Disability City of Colleyville Renewal Proposals.pdf • Optional
Employee Paid Vision - City of Colleyville Renewal / Proposals.pdf • Surrounding Cities
Health and Dental Benefits Survey.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
07/05/2011 City Council
Title
Discussion of health insurance bid analysis and recommendation
Explanation
This item provides an opportunity for City Council and staff discussion of the health
insurance bid analysis and recommendation.
In May 2011, staff received the health insurance renewal from Aetna, which reflected a
11.8% rate increase. Additionally, the City's dental provider, also Aetna, submitted a
renewal rate increase of 19%. At the May 26, 2011, City Council budget worksession, staff
informed the City Council that the City would be going to bid for employee health and dental
insurance in an effort to obtain more competitive offers. Also, included in the bid would be
basic life and accidental death and dismemberment (AD&D) insurance, long term disability
insurance (LTD) and an optional employee paid vision plan.
As a point of reference, the FY 2012 initial renewal rate from Aetna was an increase of
11.8%, or $217,740. That renewal rate was based upon the existing plan design, which
consists of a$2,000 individual /$4,000 family deductible, 90% in network coinsurance, $25
office visit copay, and an out-of-pocket maximum of $3,000 individual /$6,000 family. This
plan is supplemented by a health reimbursement arrangement (HRA) in which the City
reimburses an employee for $1,250 of the deductible expense after the employee pays the
first $750. The average number of participants in the plan during this time period was
estimated at 166 employees and 240 dependents. The renewal rate was based upon
actual claims data for the period of March 2010 through February 2011. The average
claims to premiums ratio was approximately 71 %, and includes two months where the ratio
City of Colleyville Page 1 Printed on 7/1/2011
Aaenda Briefinp Continued
was in excess of 100% (August 2010: 128% and September 2010: 144%). That was a
decrease from the prior year, when there were four months where the claims to premium
ratio was in excess of 100%. For the current fiscal year, the primary categories of
utilization were ambulatory facilities (20%), professional services of physicians (19%),
pharmaceutical payments (13%), outpatient office visits (13%), and inpatient stays (12%).
This is a change in utilization from the prior fiscal year where pharmaceutical payments
topped the list as the highest claim dollar cost for a benefit category followed by outpatient
professional services of doctors and payments to ambulatory facilities. During this time
period there were seven large claims valued at over $431,000.
Hea/th Insurance
The City advertised and instructed the City's benefit consultant, Cooper Corporate Solutions
(Cooper) to seek competitive proposals using the City's current plan design from all National
Tier 1 and Tier 2 companies. Tier levels are defined by the highest percentage of
membership within the state (Attachment A). The bid opening took place on June 1, 2011.
Proposals were received from the following carriers: Aetna, Blue Cross and Blue Shield,
Cigna, TML Intergovernmental Employee Benefits Pool, and United Healthcare. The
Employee Benefits/Wellness Committee (the Committee) (Attachment B) met with the city
manager and assistant city manager / chief financial officer and Cooper to compare the
health proposals received (Attachment C).
In reviewing the proposals, the Committee and Cooper compared proposed benefit levels,
physician networks, coinsurance, deductibles, pharmacy and office visit coverage, and
proposed premiums. The primary goal when evaluating the options was to find a cost
neutral health insurance plan that would continue to provide a benefit to employees with an
ongoing wellness focus. The committee first focused on the Aetna renewal, as keeping the
incumbent carrier would prevent disruption for employees, while providing a 3% decrease in
premium costs. The Blue Cross and Blue Shield option was viewed less favorably, due to
the plan design of emergency room and emergency room physician services, which upon
use, could substantially increase an employees financial exposure. While the Cigna plan
was also considered, it was determined that the Aetna plan was the best solution because
of the rate reduction, and a plan design that encouraged both wellness and prudent use of
benefits.
In FY 2011, a change to the health benefits strategy was the linking of future insurance
premium subsidies to the wellness program and employee and spouse health. For FY
2011, the City fully subsidizes the cost for employee medical insurance and covers 75% of
dependents' medical premiums. For FY 2012 and subsequent years, the funding for
employee and dependent health insurance premiums is a program that includes three tiers
of subsidy levels, with a 7% differential between each tier. The chart below illustrates the
subsidy levels at each tier.
Subsidy Levels Tier III Tier II Tier I
Employee 86% 93% 100%
Dependent 61% 68% 75%
All employees begin at the Tier III subsidy level and can earn their way to Tiers I and II
through one of the two following methods. To reach Tier I, the first option for employees
City of Colleyville Page 2 Printed on 7/1/2011
Aaenda Briefinp Continued
and spouses would be to achieve in-range health scores in four out of five risk factor
categories, including waist circumference, blood pressure, glucose, LDL cholesterol, and
HDL cholesterol. Acceptable ranges are established by the medical staff at Cooper
Aerobics Center. The alternative method would be to participate in a specified level of
wellness activities. The tiers are determined in the year prior to the receipt of the subsidy ,
for example each employee's and spouse's tier was determined at the end of June 2011 to
determine the FY 2012 subsidy levels. In FY 2011, 86 employees qualified for Tier I from
their health screening scores, and 17 employees did not complete the screening and will
automatically be Tier III. The remaining 61 employees worked their way through the tiers by
participating in various wellness activities through June 30, 2011. Currently, the final tier
levels are being calculated and will be available in mid-July 2011.
Implemented in FY 2009, the plan continues to fund the HRA, which is a deductible sharing
account between the City and employees, where employees pay the first portion and the
City reimburses the remainder. Should the employee need to meet the individual deductible
of $2,000 (for example, through hospitalization), the employee would pay the first $750 and
be reimbursed by the City for the remaining $1,250. Employees with family coverage would
pay the first $1,500 of the $4,000 deductible, and be reimbursed by the City for the
remaining $2,500. The City is responsible for the full cost of its portion of the shared
deductible should employees incur deductible expenses. The City budgets only 35% of the
total cost of this risk exposure based on actual deductible reimbursement experience of the
three prior fiscal years and Cooper's recommendation. For FY 2012, the City's expense for
the HRA includes third party HRA plan administration costs of $8,765, and funding the HRA
at 35%, or $120,750.
With the decrease of 3%, the employee premium cost for family coverage decreases by
$6.87 per month, or $88.44 per year. If all employees and spouses achieved Tier I, the total
annual employer funding of the premiums will be $1,560,156, compared to current year
costs of $1,608,408. The City's total cost for health insurance and the HRA is $1,689,671
for a decrease over the current plan cost of 2.78%, or $48,252.
Dental Insurance
Aetna, the current dental provider, proposed an initial 19% rate increase. In response,
Cooper was directed to seek competitive bids from the top dental carriers in the state
(Attachment A). Five of the 12 companies declined to respond due to an inability to offer
competitive rates. One company used Aetna's network and could not submit a proposal
based on a prior agreement with Aetna. Of the six companies that responded, TML
Intergovernmental Employee Benefits Pool offered a lower rate than Aetna, but the rate was
only offered in conjunction with selection of the health plan, and Blue Cross and Blue Shield
did not offer any orthodontic coverage. In order to achieve a lower cost solution, the
Committee made the change to the Aetna plan of restricting the orthodontic benefit to
children under 19 only, which resulted in a lower rate increase of 15.43% or $4.39 per
month per employee. Currently, this change would increase the City's subsidy of employee
only dental coverage from 90% to 91 %. The decrease in subsidy from 100% to 90%
occurred in FY 2011, when the rate increase was fully passed along to employees. The
proposed monthly premium cost for dental insurance would be allocated $30.33 and $2.94
to the City and employee, respectively. The employee premium cost for family coverage
increases by $10.24 per month, or $122.88 per year. The employer premium cost will be
City of Colleyville Page 3 Printed on 7/1/2011
Aaenda Briefinp Continued
$60,417, compared to current year costs of $51,672.
Ancillary Insurance
Aetna is the City's basic life, AD&D, and LTD insurance provider and initially offered rate
passes on those lines of coverage for FY 2012. These lines of coverage were included in
the bid, and bids were received from five carriers for basic life and AD&D, and four carriers
for LTD. Aetna and Mutual of Omaha were the lowest combined rate at $.14 per $1,000 for
basic life and AD&D with a two year rate guarantee (Attachment E), and the Committee
recommends retaining Aetna, due to the administrative ease of line consolidation with one
carrier. This rate yields a 20.90% decrease over current rates with an annual savings of
$1,101. For LTD as Aetna and Mutual of Omaha were the lowest rate at $.32 per $1,000
with a two year rate guarantee (Attachment F) and the Committee recommends also
retaining Aetna, again due to the administrative ease of line consolidation with one carrier.
This LTD rate yields a 13.51 % decrease over current rates with an annual savings of
$4,224. Block Vision is the City's alternate employee paid vision plan offered a 23.06% rate
reduction, the committee recommends remaining with Block for administrative ease and
employee satisfaction (Attachment G). The vision insurance is a voluntary benefit, so there
is no cost to the City.
Summary
Following extensive review and negotiations with responding carriers, staff recommends
maintaining health, dental, long term disability, life and AD&D insurance with Aetna for the
following reasons:
1. A 3% rate decrease on health insurance was negotiated and the employee dental rate
increase will be funded from the savings from the premium decrease in medical, LTD,
basic life and AD&D.
2. While there is financial impact to employees who do not achieve Tier I, a sufficient and
competitive benefit is maintained when compared to surrounding cities (Attachment H).
Implementation would begin with open enrollment meetings in August 2011, and coverage
being effective October 1, 2011. Staff will bring this item forward for City Council's final
approval on the July 19, 2011, consent agenda.
City of Colleyville Page 4 Printed on 7/1/2011
HEALTH AND DENTAL INSURANCE BID RESPONSES
HEALTH INSURANCE BIDS
Health Insurance Carriers
Aetna *
Blue Cross and Blue Shield
Cigna
Humana
Principal
Trustmark
TML - IEPB **
United Healthcare
DENTAL INSURANCE BIDS
Dental Insurance Carriers
Aetna *
Ameritas
Assurant
Blue Cross and Blue Shield
Cigna
Delta Dental
Guardian
Humana
Lincoln Financial
Mutual of Omaha
United Concordia
United Healthcare
Response
Received
Received
Received
Declined, due to uncompetitiveness
Declined, does not quote municipalities
Declined, due to uncompetitiveness
Received
Received
Response
Received
Received
Attachment A
Declined, due to agreement with Aetna based on use of Aetna's network
Received
Received
Received
Declined, due to uncompetitiveness
Declined, due to uncompetitiveness
Declined, due to uncompetitiveness
Declined, due to uncompetitiveness
Declined, due to uncompetitiveness
Declined, due to uncompetitiveness
* - Incumbent
** - Texas Municipal League Intergovernmental Employee Benefits Pool
Benefits / Wellness Committee Members Attachment B
Mike Almy, Parks Equipment Operator
Raymon Cannon, Community Services Officer
Mark Cantrell, Fire Battalion Chief
Theresa Fox, Utility Billing Supervisor
Renee Garrett, Senior Center Supervisor
Marilyn Gilbert, Colleyville Center Office Assistant
Erica Gill, Adult Service Librarian
Damaso Jordan, Drainage Equipment Operator
Sunny Lindsay, GIS Coordinator
Eddie Moran, Fire Lieutenant
Amy Shelly, Community Development Coordinator
Chuck Tinsman, Police Officer
Ken Tywater, Utility Superintendent
Medical - City of Colleyville Renewal/Proposals (effective 10/1/2011)
iyment Provisions
~ar Deductible
nce (In/Out)
~cket Maximum (Ind/Family)*
includes the deductible
vlaximum
i Office Visits
t Office Visits
are
cy Room - Facility
cy Room - Physician
Hospital Expenses
spital Expenses
on Deductible
ion Drug Program
riptions
I Brand Name
erred Brand Name
'rescriptions
I Brand Name
erred Brand Name
~nly: 56 $450.78 $437.26 $426.74 $437.65 $524.19 $445.33
Spouse: 25 $1, 009.24 $978.96 $955.43 $979.84 $1, 234.83 $997.09
Child(ren): 23 $811.00 $786.67 $767.76 $787.38 $974.19 $801.59
$1, 365.18 $1, 324.22 $1, 292.38 $1, 325.41 $1, 655.92 $1, 348.45
'rem iu m $153, 768.84 $149,155.61 $145, 569.23 $149,289.56 $185,298.55 $151, 906.20
rem iu m $1, 845,226.08 $1, 789, 867.32 $1, 746, 830.76 $1,791,474.72 $2,223, 582.54 $1, 822, 874.40
itee 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year
rent ~ -3.00 % ~ -5.33 % -2.91 % 20.50 % -1.21 %
rence Over Renewal -$43 036.56 $1 607.40 $433 715.22 $33 007.08
rence Over Current -$55 358.76 -$98 395.32 -$53 751.36 $378 356.46 -$22 351.68
~es HRA Reserves HRA Reserves HRA Reserves HRA Reserves HRA Reserves HRA Res
~n1y:56 $1,250 $438 $1,250 $438 $1,250 $438 $1,250 $438 $1,250 $438 $1,250 $
Spouse:25 $2,500 $875 $2,500 $875 $2,500 $875 $2,500 $875 $2,500 $875 $2,500 $~
Child(ren):23 $2,500 $875 $2,500 $875 $2,500 $875 $2,500 $875 $2,500 $875 $2,500 $~
$2,500 $875 $2,500 $875 $2,500 $875 $2,500 $875 $2,500 $875 $2,500 $~
$120, 750 $120, 750 $120, 750 $120, 750 $120, 750 $12
tion Levels:
100 %
75%
=mployer -$36,976.35 -$65, 719.05 -$35,901.84 $259,101.25 -$14,932.56
=mployee -$18,382.41 -$32,676.27 -$17,849.52 $119,255.21 -$7,419.12
In Network Out of Network
$2,000 $4,000
$4,000 $8,000
90% 70%
$3,000/$6,000 $8,000/$16,000
Attachment C
In Network Out of Network
$2,000 $2,250
$4,000 $4,500
80% 50%
$3,000/$6,000 50%
i na Premier Plan
In Network Out of
$1,500 $4,
$3,000 $9,
80°l0 6
$3,000/$6,000 $9,000
Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited
$25 70%afterdeductible
$30 70%afterdeductible
$75 70%afterdeductible
$200 $200
Included Included
$25 50 % after ded
20 % 50 % after ded
$75 50 % after ded
$25 70 % afte
$25 70 % afte
$35 70 % afte
$250 $'
Included Incl
90 % after ded 70 % after ded 90 % after ded 70 % after ded 100 % after ded 70 % after ded 90 % after ded 70 % after ded 80 % after ded 50 % after ded 90 % after ded 70 % z
None None None None None None None None None None None N
$100 / $300 Combined Retail and Mail
$20 Co a Not Covered
$40 Co a Not Covered
$70 Co a Not Covered
90 day supply available at retail 90 day supply available at retail $50 Co a- 90 da su I $10 Co a- 30 da su I See Prescri tion Grid $30 Co a- 90 da su
pharmacy pharmacy $100 Co a- 90 da su I $25 Co a- 30 da su I See Prescri tion Grid $70 Co a- 90 da su
$175 Co a- 90 da su I $50 Co a- 30 da su I See Prescri tion Grid $100 Co a- 90 da su
In Network Out of Network
$2,000 $4,000
$4,000 $8,000
90% 70%
$3,000/$6,000 $8,000/$16,000
$25 70%afterdeductible
$30 70%afterdeductible
$75 70%afterdeductible
$200 $200
Included Included
100 /$300 Combined Retail and Mai
$20 Co a Not Covered
$40 Co a Not Covered
$70 Co a Not Covered
In Network Out of Network
$2,000 $4,000
$4,000 $8,000
90% 70%
$3,000/$6,000 $8,000/$16,000
$25 70%afterdeductible
$30 70%afterdeductible
$75 70%afterdeductible
$200 $200
100 % after ded 100%after ded
100 /$300 Combined Retail and Mai
$20 Co a Not Covered
$40 Co a Not Covered
$70 Co a Not Covered
In Network Out of Network
$2,000 $4,000
$4,000 $8,000
90% 60%
$3,000/$6,000 $8,000/$16,000
$25 60% afterdeduc[ible
$30 60% afterdeduc[ible
$75 60% afterdeduc[ible
$150 $150
Included Included
$100 / $300 Combined Retail and Mail
$20 Co a Not Covered
$35 Co a Not Covered
$70 Co a Not Covered
Dental - City of Colleyville Renewal/Proposals (effective 10/1/2011)
Aetna - Current
In Network Out of Network
$50 Type II & I II
Calendar Year
3 Per Family
Preventive Preventive
100% 100%
80% 80%
50% 50%
50% for erson/$1,000 lifetime
In Network Out of Network
$50 Type II & I II
Calendar Year
3 Per Family
Preventive Preventive
100% 100%
80% 80%
50% 50%
N/A
In Network Out of Network
$50 Type II & I II
Calendar Year
3 Per Family
Preventive Preventive
100% 100%
80% 80%
50% 50%
N/A
Attachment
In Network Out of Network
$50 Type II & I II
Calendar Year
3 Per Family
Preventive Preventive
100% 100%
80% 80%
50% 50%
N/A
In
Pi
FeeSchedule 90% UCR FeeSchedule 90% UCR FeeSchedule 90% UCR FeeSchedule 90% UCR FeeSchedule 90% UCR FeeSchedule 90% UCR FeeSchedule 90% UCR Fe
$1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500
Freedom of Choice Freedom of Choice Freedom of Choice None No No No
$1,000 $1,000 $1,000 Child Onl $1,000 Child Onl NIA $1,000 $1,000 Child Onl
$28.82
$59.03
$56.98
$94.86
$9,741.65
$116,899.80
In Network Out of Network
$50 Type II & I II
Calendar Year
3 Per Family
Preventive Preventive
100% 100%
80% 80%
50% 50%
50% for erson/$1,000 lifetime
$34.30
$70.25
$67.81
$112.88
$11,592.83
$139,113.96
1 Year
19.00 %
$22,214.16
In Network Out of Network
$50 Type II & I II
Calendar Year
3 Per Family
Preventive Preventive
100% 100%
80% 80%
50% 50%
50% for erson/$1,000 lifetime
In Network Out of Network
$50 Type II & I II
Calendar Year
3 Per Family
Preventive Preventive
100% 100%
80% 80%
50% 50%
N/A
$31.16
$63.68
$79.56
$112.08
$11,375.12
$136,501.44
1 Year
16.77 %
$19,601.64
Basic Term Life - City of Colleyville Renewal/Proposals (effective 10/1 /2011) Attachment E
s Aetna (Current) Aetna (Renewal) Lincoln Financial Cigna Mutual of Omaha
~es $15, 000 $15, 000 $15, 000 $15, 000 $15, 000 C
~es $15, 000 $15, 000 $15, 000 $15, 000 $15, 000 C
10 $0.147 $0.120 $0.13 $0.120 $0.110
$0.03 $0.02 $0.03 $0.025 $0.03
$2,479,500 $2,479,500 $2,479,500 $2,479,500 $2,479,500
$438.87 $347.13 $396.72 $359.53 $347.13
$5, 266.46 $4,165. 56 $4, 760. 64 $4, 314.33 $4,165. 56
1 Year 2 Years 2 Year 2 Year 2 Year
159 159 159 159 159
-20.90% -9.60% -18.08% -20.90% C
> Renewal -$1,100.90 -$505.82 -$952.13 -$1,100.90 C
Long Term Disability - City of Colleyville Renewal/Proposals (effective 10/1 /2011)
Primary Benefits Aetna ICurrentl Aetna IRenewall Mutual of Omaha Lincoln Financial
Benefit Percentage
Benefit Maximum
Duration of Benefits
Elimination Period
Contract Definition
Definition of Disability
Return to Work
Integration Method
Pre-Existing Condition
Contributory Status
Minimum Participation
Rates
Per $100 of monthly covered payroll
Monthly covered payroll
Monthly Premium
Annual Premium
Rate Guarantee
Eligible Lives
°~ Over Current
Annual Difference vs Renewal
60%
$5,000
SSNRA
90 Da s
"And" Contract
2 year Own Occupation, Any
Occu ation thereafter
Zero da residual
Direct Offset
3 Months Prior, 12 Months
after exclusion
Non-contributo
100%
60%
$5,000
SSNRA
90 Da s
"And" Contract
2 year Own Occupation, Any
Occu ation thereafter
Zero da residual
Direct Offset
3 Months Prior, 12 Months
after exclusion
Non-contributo
100%
60%
$5,000
SSNRA
90 Da s
"And" Contract 99%
2 year Own Occupation, Any
Occu ation thereafter
Zero da residual
Direct Offset
3 Months Prior, 12 Months
after exclusion
Non-contributo
100%
60%
$5, 000
SSNRA
90 Da s
"And" Contract
2 year Own Occupation, Any
Occu ation thereafter
Zero da residual
Direct Offset
3 Months Prior, 12 Months
after exclusion
Non-contributo
100%
Attachment F
Ciana
60%
$5,000
SSNRA
90 Da s
"And" Contract
2 year Own Occupation, Any
Occu ation thereafter
Zero da residual
Direct Offset
3 Months Prior, 12 Months
after exclusion
Non-contributo
100%
$0.37 $0.32 $0.320 $0.32 $0.23
$703,989.00 $703,989.00 $703,989.00 $703,989.00 $703,989.00
$2,604.76 $2,252.76 $2,252.76 $2,252.76 $1,619.17
$31,257.11 $27,033.18 $27,033.18 $27,033.18 $19,430.10
1 Year 2 Years 2 Years 2 Years 2 Years
159 159 159 159 159
-13.51 % -13.51 % 0.00'~ -37.84%
-$4,223.93 -$4,223.93 $0.00 -$11,827.02
Optional Employee Paid Vision - City of Colleyville Renewal/Proposals
(effective 10/1 /2011) Attachment G
Primary Benefits BIOCk D1vlS
Copays
Exams $10 $10
Materials $25 $25
Child Age Limit 25 26 Full-Time Student 25 26 Full-Time Student
Network Block Vision Davis
Benefit Details
Eye Exams
Frequency
Benefit
Lenses
Frequency
Benefit
Single Vision
Bifocal
Trifocal
Lenticular
Contact Lenses
Frequency
Benefit
Medically Necessary
Elective
Frames
Frequency
Benefit
Additional Notes:
Rates
Employee Only: 133
Employee & Spouse: 18
Employee & Child(ren): 8
Family: 18
Monthly Premium
Annual Premium
Rate Guarantee
In Network Out of Network In Network Out of Network
12 Months 12 Months
$10 Co a $46 max after Copay $10 Co a $30 max after Co a
12 Months
Paid in Full $25 max after Copay
Paid in Full $40 max after Copay
Paid in Full $45 max after Copay
Paid in Full $80 max after Copay
12 Months
Paid in Full $25 max after Co a
Paid in Full $35 max after Copay
Paid in Full $45 max after Co a
Paid in Full $60 max after Copay
12 Months 12 Months
Paid in Full $150 max after copay Paid in Full $225 max after copay
$160 Max after co a$80 max after copay $120 Max no co a $75 max after co a
24 Months
Up to $130 Retail Up to $70 Retail Value
Value
Addition of Standard Polycarbonate
Lenses, $200 In or Out Network Lasik
Benefit
24 Months
Up to $130 Retail Up to $30 Retail
Value + 20%
Value
Discount
% Over Current -23.06% -21.63%
Annual Difference vs Renewal 1.86%
Surrounding Cities Health and Dental Benefits Survey
May 2011
Aitachmerrt Fi
Provider
Name of Provider
Aetna TPA: WE&TPA
Network: Aetna
Self Insured
Self Insured
Self Insured
Self Insured
Ci na
Ci na
Ci na
Aetna
Aetna
cwHia9~a
Ci na
Ci na
T e of Medical Plan
PPO, HMO, etc. Choice POS PPO PPO PPO PPO PPO PPO HMO PPO HMO POS PPO HDHP Base HDHP Bu U
In-Network Benefits
Treditional Choice
Fund HRA
Deductible-Individual $2,000 $1,175 $500 $2,500 $1,750 $2,000 $500 $500 n/a $1,000 $1,500 $500 $1000 $1,000 $2,500 $1,500
Deductible-Famil $4,000 $2,400 $1,500 $5,000 $3,500 $4,000 $1,000 $1,000 n/a $2,000 $3,000 $1,000 $2,000 n/a $5,000 $3,000
Max Out-of-Pocket - Individual $1,000 $2,750 $2,500 $3,500 $2,750 $3,000 $1,500 $2,500 $2 500 $3,000 $3,500 $2,500 $3 000 $2,500 $5,000 $3,500
MaxOut-of-Pocket-Famil $2,000 $5,727 $7,500 $7,000 $5,500 $6,000 $3,000 $5,000 $5,000 $6,000 $7,000 $5,000 $6,000 na $1Q000 $7,000
Max Lifetime Benefit Amount unlimited unlimited unlimited unlimited unlimited unlimited unlimited unlimited unlimited unlimited unlimited
Ph sician Offce Co-Pa
$25
$22
$25, >$130 20 % sueieaeodeduaieie
ma~pa~daeoo-
a r~ea sueieaeodeduaieie
ma~pa~daeoo-
a r~ea
gzs sueieaeodeduaieie
ma~pa~daeoo-
a r~ea
$25
$25
$30
$0
$25
$25
$30
n/a
n/a
S ecialist Office Co-Pa $30 $30 $25, > $130 20 % $40 $40 $45-$55 $0 $35 $35 $50 n/a n/a
HRA- Individual Covera e' $1,250 $650 n/a $1,000 $1,000 $750 $0 n/a n/a n/a $500 n/a n/a n/a n/a n/a
HRA- Famil Covera e' $2,500 $1,400 n/a $2,000 $2,000 $1,500 $0 n/a n/a n/a $1,500 n/a n/a n/a n/a n/a
Prescri tions - Preferred List
Deductible-Individual
$100
n/a
n/a
n/a
n/a
n/a inauded
wimed
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Deductible-Famil
$300
n/a
n/a
n/a
n/a
n/a ~~a~dad
wimed
n/a
n/a
n/a
n/a
n/a
na
n/a
n/a
Tier 1 - Generic $20 $9 $5 $4 $10 $10 $10 $10 $10 $10 15 30 % 30 %
Tier 2 - Formula Brand Name $40 $27 $30 > of $15 or 20 % > of $15 or 20 % > of $15 or 20 % > of $15 or 20 % $25 $25 $25 $30 $30 $25 40 40 % 40 %
Tier 3 - Non-Formula Brand Name $70 $48 > of $50 or 50 % > of $30 or 30 % > of $30 or 30 % > of $30 or 30 % > of $30 or 30 % $40 $40 $50 $60 $45 $50 70 50 % 50 %
Premium Pa ment %
Cit Paid - Em lo ee Premiums
100 %
$1
75 %
100 %
100 %
92 %
94 %
100 %
100 %
80%'
80%*
100 %
95 % eseased
on i or
~iary
100 % sameamouneas
ease-emp pays
d~nara~oa
CI~ P21d-~Z Zf1dZfl~PfZflllUfllS
~5°/a
$~
~5% EE+CH-84%
EE+SP-42%
EE+FAM~S% EE+CH-81%
EE+SP-91%
EE+FAM-90% EE+CH-90%
EE+SP-54%
EE+FAM-80% EE+CH-94%
EE+SP-93%
EE+FAM-81%
5~°/a
5~%
8~%~
8~%-'` Sp-51.62%
Ch-6545%
Fam3958% Sp-6965%
Ch-]884%
Fam-5516% v esbased
on%of
salary
~5-85°/a Sameamountas
Base-emppays
difference
Monthl Premiums-Cit Paid $
Em lo ee Onl
$45078
$405
$500.35
$233.31
$261.39
$242.18
$41028
$602.47
$60729
$375.08
$385.49
$417.41
$417.41
zzsior
~~~ai sai
$327.01 sameamouneas
ease-emppays
d~rrere~oe
Em lo ee lus Children
$720.95
$759
$834.97
$17472
$287.16
$924.11
$1,937.61
$769.80
$776.15
$650.11
$628.33
$682.41
$682.41
3.]5%
~~~ai sai
$544.51 sameamouneas
Base-emppays
d~rrere~oe
Em lo ee IusS ouse
$869.63
$829
$995.58
$2676
$718.04
$127.82
$1,952.13
$85678
$863.62
$1,112.84
$1,104.62
$682.41
$682.41
3.00%
~~~air~i
$526.52 sameamouneas
Base-emppays
d~nara~oa
Em lo ee lus Famil
$1,136.58
$1,061
$1,236.50
$1,14228
$1,07922
$706.91
$1,073.12
$922.69
$930.07
$1,504.31
$1,487.08
$792.41
$792.41
a so i
~~~ai~i
$78671 sameamouneas
ease-emp pays
d~nara~oa
Monthl Premiums - Em lo ee Paid $
Em lo ee Onl $0.00 $32 $131.09 $0.00 $0.00 $21.00 $28.00 $0.00 $0.00 $99.00 $54.00 $0.00 $21.94 $0.00 $44.26
Em lo ee lus Children $90.05 $148 $278.32 $33.00 $67.00 $100.00 $133.00 $125.86 $126.86 $260.00 $186.00 $139.89 $183.10 $89.88 $175.74
Em lo ee lus S ouse $139.61 $201 $331.86 $37.00 $74.00 $111.00 $148.00 $191.22 $192.74 $362.00 $215.00 $248.41 $297.33 $140.58 $230.86
Em lo ee lus Famil $228.60 $304 $412.17 $60.00 $120.00 $180.00 $240.00 $240.88 $242.80 $392.00 $244.00 $572.52 $644.25 $272.78 $216.18
Provider
Name of Provider
Aetna TPA: WE&TPA
Network: Aetna
Ci na
MetLife
Ci na
UHC
UHC
a9~a
Metlife
T e of Plan
PPO/DMO PPO DPPO PPO PPO DHMO PPO PPO PPO/DMO
Premium Pa ment %
Cit Paid-EmloeePremiums 90% $1 25% 100% 87% 100% 100% 100% 100%
Cit Paid-De endentPremiums 0% $0 75% 50% 13% 0% 0% 0% 68-82%
Monthl Premiums-Cit Paid $
Em lo ee Onl $25.94 $25 $20.65 Self insured $25.91 $32.30 $13.33 $34.49 $23.57 $0.00
Em lo ee lus Children
$25.94
$34
$36.77
$50.26
$13.33
$34.49
$23.57 $37.64 /
$15.63
Em lo ee lus S ouse $25.94 $38 $44.51 $59.36 $13.33 $34.49 $23.57 n/a
Em lo ee lus Famil
$25.94
$47
$56.13
$48.95
$82.31
$13.33
$34.49
$23.57 $6378/
$19.51
Monthl Premiums - Em lo ee Paid $
Em lo ee Onl $2.88 $2 $5.16 $0.00 $0.00 $5.00 $0.00 $0.00 $0.00 $0.00
Em lo ee lus Children
$31.04
$19
$12.26
$15.00
$18.00
$9.32
$42.26
$39.76 $4.03 /
$1.66
Em lo ee lus S ouse $33.09 $18 $14.84 $15.00 $12.00 $11.58 $34.49 $26.16 n/a
Em lo ee lus Famil
$68.92
$31
$18.71
$20.00
$23.04
$20.00
$19.18
$82.38
$65.52 $14.62 /
$4.46
esmpeion costgo eowam deduceeie.
emvioyaa vays mu vnoa ~~e~i dad~a~eia ~~e~i
~at ma~ a va~arnaea ~rnass ~~s a
a~eaeroa mad~~eo~ (c~e~a vay~ ~v
;~ooo eowa~d p~a~a~eaeroa ~~~
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: 07/05/2011
Controlling Body: City Council
Requester: Office of the City
Manager
Agenda No.: PC-2
Final Action:
File Name: Presentation of IESI Contractual Rate Increase in Disposal Services and Options to Improve
Residential Recycling
Attachments: IESI Price Increase Request Correspondance.pdf • Presentation - IESI Contractual Rate
Increase and Residential Recycling Options.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
07/05/2011 City Council
Title
Presentation of IESI Contractual Rate Increase in Disposal Services and Options to Improve
Residential Recycling
Explanation
IESI, the City's solid waste franchisee, has filed a letter and supporting documents
requesting a 4.23% ($0.47) rate increase to be effective September 1, 2011. Per the
current contract requirements, IESI's requested rate increase consists of three
components: a Consumer Price Index (CPI) increase of 1.21 % which contributes 59.55% of
the total increase, an average fuel price component increase of 20.25% which contributes
13.00% of the total increase, and a supplemental disposal increase of 3.21 % which
contributes 27.45% of the total increase. When combined, the three components produce a
total increase of 4.23% which equates to $0.47 per home per month. The contract between
the City of Colleyville and IESI states that the "Contractor must receive approval from the
City for such billing rate adjustment, which approval shall not be unreasonably withheld".
The last rate increase requested by IESI and approved by the City was effective September
1, 2009. This was a 4.19% increase which equated to $0.45 per home per month. Per the
contract, IESI is allowed to request a rate adjustment once per year based on the three
components mentioned previously. IESI did not request a rate adjustment in 2010 even
though they had a significant (9.32%) increase in disposal costs.
The City is currently in year four of a five-year contract with IESI. The contract is an
exclusive contract written for a five-year period September 1, 2007 through August 31,
2012, with an option to renew for an additional five-year period terminating August 31, 2017.
The contract explicitly states that, "If the City finds the performance of the Contractor to be
acceptable, this Contract will automatically renew under the same terms and conditions for
City of Colleyville Page 1 Printed on 7/1/2011
Aaenda Briefinp Continued
an additional five (5) year period, terminating August 31, 2017."
The second portion of this agenda item addresses the City's residential recycling program
and provides options for enhancing this service.
IESI currently provides a residential recycling program consisting of 18 gallon bins that are
picked up once per week. Residents are permitted to use as many 18 gallon bins as they
like. Colleyville residents recycle approximately nine pounds per home per week, while
disposing of approximately 60 pounds of landfill material per week on average. City staff
have received multiple inquiries from residents as to the availability of larger recycling
receptacles. This, coupled with the fact that Strategic Point 5: Brand Colleyville with a
Unique Identity includes a goal of assuming "the mantle of environmental leadership in
Tarrant County", has led to staff exploring options to enhance the City's residential recycling
program.
Increasing the amount of recycling (and thus reducing landfill material) benefits Colleyville
residents both economically and environmentally. Since a portion of IESI's annual rate
change request is tied to landfill disposal costs, and those costs are directly related to the
amount of material disposed, an increase in recycling will help reduce future rate increases.
As noted in the attached presentation, Option A would maintain the residential recycling
program as currently established while trying to increase participation through a marketing
campaign. While residents are allowed to use as many 18 gallon recycling bins as they
would like, many homes are either unaware of this or find multiple bins to be an
inconvenience. In these situations, residents end up putting recyclable material in the trash
after their initial 18 gallon bin is full. In a participation audit conducted by IESI during the
week of May 8, 74% of the homes in Colleyville put out at least one 18 gallon recycle bin.
This very high participation rate, coupled with the fact that recycling tonnage per month in
Colleyville has essentially plateaued, indicates that increasing the volume of recycling
through a marketing campaign alone could be difficult.
Option B would implement a City-wide transition to 65 gallon rolling carts for recycling. This
option would increase residential bills by $1.15 per month. Historically, cities that have
transitioned from 18 gallon bins to rolling carts have seen at least a 25% increase in
recycling. This option would produce the largest increase in the amount of recyclable
material collected, but would also necessitate a change to the City's overall disposal
program. If Colleyville chose to implement 65 gallon rolling carts for recycling City-wide, IESI
would service those carts with a fully automated recycle truck. In order to service the entire
City with one automated truck, the City would need to be segmented into four quadrants
instead of the current 50/50 configuration for recycling. In this configuration, half of the City
would have trash service on Monday and Thursday (with one of those days designated as a
recycling day) and the other half of the City would receive trash service on Tuesday and
Friday (with one of those days designated as a recycling day). While this option would likely
produce the largest increase in recycling, it would necessitate a City-wide increase in rates
that would effect every resident whether they intend to utilize the new cart or not.
Option C would provide a voluntary option for residents to transition to 65 gallon rolling carts
for recycling. If a resident chose to participate, this option would increase their bill by $1.75
City of Colleyville Page 2 Printed on 7/1/2011
Aaenda Briefinp Continued
per month. City staff and IESI would promote this option and provide convenient methods
for residents to request a 65 gallon cart for their recycling. IESI would deliver the cart to the
resident's home and service it in the same manner they are currently servicing the 18 gallon
bins. This option enables those residents who want to increase the size of their recycling
receptacle and take advantage of the convenience of a cart with wheels to do so at a cost of
$1.75 per month. Those residents who are satisfied with the current service or who choose
not to participate in residential recycling would not be effected. The primary disadvantage to
this option is the fact that it could increase the administrative burden on City staff. City staff
and IESI will need to coordinate requests for carts and the subsequent delivery and billing
issues.
Staff recommends Option C as it provides for the opportunity to gauge citizen interest for
one year. If this program proves to be popular, the opportunity to implement a City-wide
transition could be negotiated as part of the contract renewal process.
City of Colleyville Page 3 Printed on 7/1/2011
I~~I T~i ~orporat~an
Nlay 3 l st, 2~} 11
Ms. len~ai.Fer I'ad~ez~
~~ty Manager
~'ity af Calleyvillc;
l ~U Mai~i Street
ec~[tey~ille, Texas 76034
~e: Price ~ncrease F~eqikest:
TJcar Ms. Fa~~~len:
iESI would Iike to take this o~apQrtun~ty to ~x~are~s nur appreciat'ro~~ f~r your busin~ss. Per t~ur
c~ntract we ~~uld Vike to present to yo~.Y ~ur ~~~u~u~l request for thc ?~l 1 rate ad~y~istnzent fc~r both
residential and c~mrue3•cial c~ist~tner~ . The anlaunt ~s bas4c~ asl the p~il~lished I3ureau of Lal~~r
Standarc~ Consum~r I'ric~ Index 1 Urba3~ Consumers (C~'I-U QFW all items less c~~er~Y~- Marc~i
2D11. AI~Q, per ~~ir cQntraet, II1S~ cai~ recluest ara ~djustrMent occs~r~~ecl ~ram i~lcreases in c~i~~c~sal
costs and fu~l cca~t~. Dc~~uments are attached re~~eet~n~ ea~l~ con~pc~nent with tl~e 1•espective
c~~an~e duxing the ~rior 1? morttlls. T~~e ~n7ouizt of the rer~ucst for 2U 11 is e~ua1 tc, ~.47 per
liome or 4.~3%. We rs;spe~tfully asl~ far yoitr su~~c~rt in Qrder to mainta~n our ~~peratic~a~s ~ncl
continu~ tc~ me~t a~r ~i~~ancia~ akrligati~ns.
If yo~r llave any questions ai• nwed ~dditional informatioi~, ~~l~a~e feel fr~e t~ ca3itact me at yc~t~'
~~.r~i~st ccn~enience at $17-5~7-~}0 ~ ~.
I~SI appreci~tes ~ur p~~tnersl~ip ~•ith t17~ City oCCalley~ill~ aryd we look fr~t•warc~ to pro~,~idirz~
e~ceptioi~al set-~ice durir~~ tl~c upconiii~~ year in 2~J11-12
~IriC~1'~~}',
~
Norm I3utaich
Mu~i~cipal Manager
i~SI T~ Cc~rparation
4C7[~1 C]I~l O~:nfon Rd, Fc~rt W~rth, Texas 7&117 (817) 5~47-~012
Solid Waste ~ F~e~ycting Rate I~crease
~CR1-Ll Campvr~en# - D~W All Items Le~s Energy
March, 201(} 243.57
March, 20~ 1 20~a.04
Incr~ase ~.~~°Ia
Multiplier 59.55°I~
~GPI-lJ Campa~ent ~d.72~%a
F~el Com~anent - Arrg Price Per Gallan - Die~e!
Prior Year May, 2~~f] $2.7~
Prior Year May, 201 ~ $3.2~
On~rease ~(]~.25°/a
MUI~i~311e!' 'I ~,pL~°Io
Fu~l Cvrn~3otlent 2.~633°in
5upplemental Gompvnen~k - Dispasaf
Pounds Per Ftc~me F~~r Vilee~c; ~f3.l~~1
VIJe~:ks Per Month 4.3~3
Pounds Per Mc~nth ~59.8
Tons Per Month 0.1299
Irrcrease 3.21 %
Multiplier ~7.45%
Raspos~l C~mp~~ent C~.88D°/a
Tata! ~ncrease 4.234%
Current Ra~ke Per Hame $'f1.'14
Pro~nsed Rate Per Hvme $1~I.G~1
Increa~e P~r Hatme
$U.47
Rates inclucfe Franchise Fees.
G+onsumer P'rice Index - All Urbar~ Cans~~ners
C~riginaM Data Value
Series Id: ~l1URA316SROLE,CUU5A3965A0LE ~'~~~~
Nat Seasonally Adausted ~,
Area: Claffas-Fort Worth, TX
Itern: All items less ~nergy
Base Period: 9982~84=100
Years: 20~1 ta ~011
Year Jan FeF~ Mar Apr May Jun Jul Aug S~p Oct No~ t]ec Annuai HALF1 HRIpF2
2Q01 174.2 175.5 175.1 176.5 178.6 178.8 176.6 175.1 178.2
2U~~ 1~9.~i 180.5 180.5 18(7,1 180.3 181.~ 18C1,4 ~$(].1 18f1.6
24ti3 1$1.3 182.T 1$3.3 1$2.2 982.3 ~~2.3 1$2.A i82-5 182.2
20(]4 ~$1.7 fi83.9 983.$ 182.9 183.~ 183.4 383.2 183.2 183.3
2045 184.3 ^k85.~t 185.1 1$5 3 1$fi.9 187.2 186.~ 185,3 1~~.7
2006 188.1 188.8 189.5 189.2 'i~~ 6 19{7.~ 189.7 18$.9 19p.4
~OU7 990,467 19iJ.549 ~91203 192.276 193.839 195.~64 192.51~ 19~.924 194.1a7
2Ci08 196.[}4~ 19~.42fl 197.333 198.$25 2C1{1.473 20'1.715 198.~23 196.83C~ 2OQ.615
2~~9 202.~59 243.731 2C~2.2~6 2Q~.3Q$ 2Q3.~81 203.699 203.(l43 202.7~'I 2f13.376
2~01t} 203.673 2fl3.572 2C12.918 201,472 2~3.549 2a~.999 2C13.065 2Q3.204 2{]2.92fi
201 'E 2~4.1 'i ~ 2{~6.036
Sack lo GonSents
SourceKey
Date
,3un (Ji, 20L19
Ju~t 08. 2{]Q8
Jun 15. 2t169
Jun 22_ 2t]09
Jun 29. 2008
JuI~G ZOaS
J~E 13. 2009
Jul 20, 2p~39
Jul 27, 2~t19
Aug Q3, 2CKY9
Aug 1D, 20fl9
Aug S 7, 200~
Aug 24. 2CJ09
Aug ~1,20Q9
Sep C17, 2pOJ
Sep 14, 2a(79
Sep 21, 2009
se~ ~a,~Qas
a~ as, zaos
aca r s. zoas
C]c419. 2~0$
Dct 26, 2069
Npv fl2_ 2fl69
Novfl9.2009
Nav 16. 20~9
NoV 23, 2C7fF9
Nov 3~,2003
~ec 67, 2093
[3ec 34, 2U09
Uec 21, 2009
^ee za, zoos
Jan 44, 2010
Jan 11, zp1R
Jan 18, 2(31Q
Jan 25.201D
Feb D'f . 20 ~ (]
Feb 08,2010
Fe~ '15. 2p i 0
Feh 22, 2aR0
Mar 41. 2~98
Mer fl$. ZQip
Mar 15. 2070
Mar 22, 2070
Mar23,2~10
Apr 05. 2~10
qp r i Z, ZQ 16
~q~yr t9, 20 i 0
,a~ras, ~a~o
May ~3, 2614
May ti0, 201Q
May i 7, 2t71 c7
May 24, 241Q
Fufay 31, 2610
Jwn 07, 2~31p
.lun 74.2[71U
Jun 21. 243t0
,ful~28, 20~~
1ul 05, 2iJ5{!
Jul 12. 20tiD
Jul 19. 2{7f~7
Jul 26. 2010
Aug d2, 2D70
Aug O8. 201 Cl
Aug l6. ZQsO
Aug 28, 2010
Aug 3~, 2010
Sep ~8,2~i~
Sep 13,2070
3ep 2R, 2R1~
Sep 27, 26"!d
c~ct c~, zoia
i7ata 1: Wnekly GuEf C~ast No 2~i~s~l Uitra Law Sul(ur ~0-15 ppmJ Retail Sales ~y AIP 5ellers {C}al4ars per Gallor~J
EM~_EPD2D%LQ_PTE_
R3G_OPC~
VV~6~kly GuH c:oast
hEo 2 Ddesel Ultra
Low Suliur {0-95 ~~_ I~
ppmy Retall Sales by
A113elEers (Dollars
per Gallon~
2.322
2.d73
2.544
2,.553
2.5E9
2.5&B
2.485
2.-045
z.ass
2.514
~.581
2.608 ~
2.624
2,613
2.576
2.557
2.545
2.526
z.~~
2.532
2 B4S
2,74~
~,749
2.747
2.734
2.73B
z.~z~
2.727
3.599
2.681
z.sss
2.759
2.8-07
2.835
2.8
2.74a
2.729
2. 7'E 9
2.793
2.82
2.$73
2.$97
2.9L?4
2:839
2.976
3.~23
3.035
3.Q38
3.083
3.D87
3.C1A3 PriQrYearAug
2.37$ $2.720
2.935
2.9
2.875
z.sae
2.893
3.86fi
2.857
2.859
2.875
2.8?37
2.947
2.933
2.916
2.888
2.876
2.857
2,89
~.883
2.s2
Oct 11, 2010 2.982
Oct 18, 2010 2.979
Oct 25, 2010 2.985
Nov 01, 2010 2.982
Nov 08, 2010 3.03
Nov 15, 2010 3.1
Nov 22, 2010 3.087
Nov 29, 2010 3.078
Dec 06, 2010 3.132
Dec 13, 2010 3.163
Dec 20, 2010 3.183
Dec 27, 2010 3.226
Jan 03, 2011 3.279
Jan 10, 2011 3.284
Jan 17, 2011 3.366
Jan 24, 2011 3.382
Jan 31, 2011 3.384
Feb 07, 2011 3.455
Feb 14, 2011 3.489
Feb 21, 2011 3.522
Feb 28, 2011 3.656
Mar07,2011 3.812
Mar 14, 2011 3.842
Mar 21, 2011 3.841
Mar 28, 2011 3.857
Apr 04, 2011 3.905
Apr 11, 2011 4.001
Apr 18, 2011 4.033
Apr 25, 2011 4.024
May 02, 2011 4.06
May 09, 2011 4.022
May 16, 2011 3.996
May 23, 2011 3.935
Prior Year Avg
$3271
S~p~lem~r~tal - Dispc~s~! Cornpanent
Paunds Per H~rr~~ Per Week: 6~.~D
V1leeks i~er Mvnth 4.33
~'ound~ Per Mantk~ 259.8
Tons Per Month 0.1299
~isposal C~st Per Tan - 2a1(J $22_DL~
2U90-11 - C3isposal Cost Per H~me Per Manth '~3.OE
(including francfhise feesJ
[]FW 8~ lrvir~g Landfill kncreas~ P~rc~r~tage 3.2Z%
Residen#ial Charge Pe~- Month ~1 '! .14
Disposa~ Percenfiage 27.4~°l0
.~ IE~I 7~ C~7R~'(3RATIC]N
~- v.,I~~~ ~~ 4Q01 ^Fd Qenton Rd, Haltam City, Texas 7fi177
J
~-~. ~~•- Contact: Bot~ I{neis: ~istrict Managor
Phone: ()222-2221
City af ~[]LLEYVILLE
RATE SHEET
~ff~~t~~B: s»izn7 0
RESID~NTIAL CURBSI~E COlLECTI{]N: $11.67 ~er month
CWR'SSI[~E RECYCLIhiG: per inonth (N~M-i1RANRATORY)
CCaMf~iERC]AL HAND COLLECT: 1JL p~r week Rincludes 96 galian cart}
524.40 23[ per week (fnclud€:s ~J6 gau,on Gatt}
C~MMEFtCIAL RATE SCFi~bl1LE
CUNTA4NER Lifts Per Week
SI~E
~ 57.79 9'i.29 f23.65 158.32 789.52 ~23,{}4 28.8$
. r 72.53 119.~2 1fiE3.T2 21~.7ff 26b.79 313.17 3d.6fi
+ $7.83 145.61 2f}4.a;r 28~.fJ1 318.9G 378.7d AQ.44
134.0~ 194.45 27ff.41 3~7.F34 ~i25.~7 5Q2.~~3 4~i.22
9 z7.39 Z47.3T 3~i4.3b 434.2~J 5;~5.21 (i3A.4~3 51.C1U
FR[7N7 I C1AC] ['C19hAPAC:Tf1R RATFfi" [hfrnnliahlP~
~~ _+ ~~`' I
~ 295.50 ~931.L1f Fda".5i 8ti2.~'12 1.1177.:32 1~~~,Q~ 68
~
I; W r i ,r.,'~ _
I 272.23 ~A4.'12 816.{~d 1.C188.85 1.361.~8 1,633.28 7~J ~~
Manthly Frant iead Compactor Rental: 6 yd• $3T7.24 S yd- $20S.S8
~Gon#ainars wf Casters $ 9.82 ~~er manth
Contalners w! Lacks or Gatea $ 8.07 per rr~qnth
ROLL dFF RA7E SCH~~ili.~
CpNTAINER R[]L~ OFF qPEH TflPS
54ZE r - ^• - r • a i-
F ~ 379.3~ ri~i.6l b.42 E~$.8~3 per fon 85,78
= e 32~.35 B~.Ei7 5.t12 ~a28.88 per son I 85.7~
~ r 379."~b iiu.~a7 5.02 $28.88 p~r Ean 85.78
CEIIVTAIAFER
SI7~
'a" ;34(],9i
iVeg4diable o i - •
i73.33 $2~3.a$ perton ^ -
85.7$
'~ 340.91 lVegoliable 1 i3.33 $28.8f~ per tan 85.3F3
~~ Q • ; 34Q.91 fVegoiiable S 73.33 ~2f3.88 ~er tfln $5.753
•~ 340.97 fVe otiat~le f 73.:~3 ~w28.~38 per ton 85.7~
+ 340.91 NegQtlable 173.33 ~28.~8 per fon ~5.7F3
Fr~nchise and 8illin Fees:
ROSid~antial: 8.U°Jo
Cammerrcial: 8.0%
' A11 rates are Inciusive of all fran~h3se and Villing fees
n r I R In r
Co t actua ate c ease
• Billing rate adjustments will be considered by
the City once per yea r a nd a pprova I"...sha I I
not be u n reasona bly with held."
- Diesel Fuel
• Contractually limited to 13% of the increase
• 52 week average ending May 2010 vs. May 2011
- Disposal Fees
• Disposal Cost Per Home Per Month
• DFW and Irving Landfill Increases
- CPI-U (Dallas-Fort Worth)
• March 2010 vs. March 2011
Com onent Increases
p
Fuel 13.00% (15.94%) 13.00% 20.25%
Disposal 22.77% 9.32% 27.45% 3.21%
CPI 64.23% (0.08%) 59.55% 1.21%
Total 100% 0% 100% 4.23%
rr n R i n i I R : 11.14
Cu e t es e t a ate
Pr R i n i I R : 11. 1
0 ose es e t a ate 6
p
I ncrease Per Home: 0.47
All rates include 8% franchise fee
R n rEnhm m~
easoso ace et
• Citizen interest
• Strategic Poi nt 5: Bra nd Col leyvi I le with a
Unique Identity
- Assume the mantel of environmental leadership in
Ta rra nt Cou nty
• Opportunity to reduce landfill material
- Environmental impact
- Economic impact
Cu rre nt Se rvi ce
• 8,097 Residential Homes
- Trash - 2x per week bagged
• Monday and Thursday
• Approximately 60 Ibs per home per week on average
- Recycling-1x perweekw/18gallon bin
• Monday or Thursday
• Approximately 9 Ibs per home per week on average
II vill R I T n P r M n h
Co e e ec c e o s e o t
y y
Tons per Month
250
200
150
100
50
0
~O°~ ~O°~ O°~
~
~J' Q,J' O~
~
G'o~ `p',~,0 ~',~,0
O~ ~~ P~
~~,~,0 ko,~,0 ~,~,0
~
>~. Q,~. Oc,
c.,'~O ~p'~"'y ~',~,'y
O~ ~C~ P~
O tion 6
p
• City-wide tra nsition to 65 ga I lon rol I i ng ca rts
• Promote with marketing campaign
• $1.15 per month increase
• Roll out September 1St with rate increase
• Would require simultaneous transition to
Mon/Thu - Tue/Fri trash service
O tion C
p
• Voluntarytransitionto65gallon rollingcarts
• Promote pa rtici pation with ma rketi ng
campaign
•$1.75 per month increase for those who
choose to pa rtici pate
• Some additional City administrative
responsibility
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: 07/05/2011
Controlling Body: City Council
Requester: Community Agenda No.: PC-3 Final Action:
Development
Department
File Name: Discussion of the five year update to the Roadway, Water and Sewer Impact Fees
Attachments: Impact Fees - Paying For Progress • Kimley-Horn Professional Services Agreement
History of Legislative File
Version: Date: Acting Body: Action Text:
1 07/05/2011 City Council
Title
Discussion of the five year update to the Roadway, Water and Sewer Impact Fees
Explanation
The purpose of this item is to discuss State of Texas mandated five year updates to the
City's impact fees prior to beginning the update process.
Cities in Texas may adopt impact fee ordinances to collect fees from new developments to
help pay for the expansion of their water, sewer and major roadway systems to meet the
additional demands placed on these systems created by new growth in the community.
Colleyville was one of the first communities to collect impact fees in Texas, shortly after the
state enabling legislation was authorized in 1989. Colleyville started collecting roadway,
water and wastewater impact fees on new development in 1990. In Colleyville, the impact
fee rate is assessed at the time a property is platted, while the impact fee is actually
collected at the time a building permit is issued. Since 1990, the City has collected a total of
over $4,000,000 in impact fees and has expended an almost equal amount on infrastructure
projects from the impact fee funds.
State impact fee regulations require municipalities that impose impact fees to update their
Impact Fee Capital Improvement Plans (CIP) every five years. The purpose of the periodic
update is to provide for regular reviews of the criteria used to calculate impact fees so that
the impact fee charges accurately reflect the estimated costs for making the capital
improvements outlined in the Impact Fee CIP. The last five year update was adopted by
the City Council on August 2, 2006.
A city that collects impact fees is required by state law to appoint a Capital Improvements
Advisory Committee, which in Colleyville is composed of the members of the Planning and
Zoning Commission, one developer and one realtor. State law requires the Capital
City of Colleyville Page 1 Printed on 7/1/2011
Aaenda Briefinp Continued
Improvements Advisory Committee to make recommendations to the City Council on the
Impact Fee CIP and to hold a public hearing to allow citizen comment and input.
The Impact Fee CIP identifies the system improvements anticipated to meet the water,
sewer and roadway improvement needs associated with new development over the next ten
year period and provides cost estimates for making those improvements. The attached
document produced by Texas A&M University generically explains the impact fee adoption
process in Texas.
Kimley-Horn and Associates, Inc. prepared the water, sewer and roadway impact fee
analysis in 2000 and performed the update in 2006. Staff is recommending Kimley-Horn
and Associates, Inc., be retained to perform the work associated with the updates, due to
their experience and familiarity with the previous updates for Colleyville.
Attached is a copy of the proposed contract with Kimley-Horn and Associates, Inc., in the
amount of $85,000, to update the related water, sewer and roadway impact fee analysis
and related fee collection schedules. According to the provisions contained in the contract
documents, this project should be completed within four months. The costs of this project
are paid from the water, sewer and roadway impact fee funds, which will be distributed for
the various work elements in accordance with the following table:
Task Cost Distribution
1 Land Use Assumptions
2 Water Impact Fee Update
3 Wastewater Impact Fee Update
4 Roadway Fee Update
5 Financial Analysis
6 Public Hearings and Approval
Tota I
Water Sewer Roadway
$ 1, 000 $ 1, 000 $ 1, 000
$20,500
$ 20,500
$ 5,167 $ 5,166
$ 1,667 $ 1,666
$28,334 $ 28,332
$ 20,500
$ 5,167
$ 1,667
$ 28,334
Tota I
$ 3,000
$ 20,500
$ 20,500
$ 20,500
$ 15,500
$ 5,000
$ 85,000
Pending City Council discussion of this item, staff will bring forward the Kimley-Horn and
Associates, Inc. contract for approval at the July 19, 2011 City Council meeting.
City of Colleyville Page 2 Printed on 7/1/2011
.t~, Rcpz°int ft°om Ti~rrc2 Grc~n~e
~
~'+~X~S ~T~W
~J~' I11~3~~ ~~7.~~k ~.~7
mitlic~~ residents between
2~OD and ~a~~ ~nd i~ e~~~cted
~a add ~a~a~h~r ~,.4 milli~n
l~~y 2~ 1 ~. ~r~wth ~f th~s
~~.,~gnitude exerts~ ~ s~l~s~a~tia~
~txa~an on ~ocal g~li~t~cal
~ jurisdic~i~ns ~~ ~rovide
~
PA~'Il~-1+~ F+~R PR~Gf~ES~
[;y ~amr:s f'. Gain~s incl ~uclon Famlrrr~tx~;h
basic ~~.~'~~ic
~~~~~~,~. ul~lic .infrastructt~r~ investinent s~ecisions mat~e l~y local
g~~ernments aften contrr~l the timing, location, inten-
sity a3id 11uality ni cc~n~n~t~nity grov+ath, If growtla acc~rs
at a r~lati~ely slc~w, even ~race, rt~eost cQnzn~uniti~;s can al~s~nrh
tht~ ncw ~~~;ili~ns~ tl~raugh incre~sec~ property and sales ta~ r~v-
enues anc~ sex~ice fees gene:ratec~ by new devel~pinent.
Bi~t if grc~~vth stcrges, cQtnrnunities ~x~ay 1~e harc~-pressecl tc~
prcavicic scrvrccs an~i pay f~r new c~r ex~andcd higF~-cc~st capital
iin~ra~eineaits, In such cascs, lacal ~overnra~en~s reqLUre dc:-
~elapcrs tra p~y far ca~aital infr~stnacture supp«rting their new
cie-r~~apm~rrts. ~ne way tl~.zs is d~nc is throL~gh iin~act Fees.
L3~~ate ~~~r wh~ther ne~v t~evelapinent pays Fc~r ptself has
cc~ntinueci far ciccadcs_ Exp~cting c~cvclc~pers tc~ pay Er~r expan-
sion c~f existin~ faci~ities or construc~ion af n~w facilities,
cspecial~y i~~ arcas c~f subs~a~ati~ii an~ rapi~ grawth, appears
justifia~Ie Eii~ci ec~~i~tal~lc: .it prn~~c~rly ii~3~le~~~ei~~ed, acvc:l~~~ers
in l~t~~z-grr~vrth a~'cas nat only cxpecY ~ut inay act~.ially cner~~,rr-
xr~e .tnci ~ircafn~7tc ie~i~~.ict fcta !0 1iiY.ia~c +;:1~~itaf i1n}~rt~wtineaxts
tn cnsur~ tliat their clcve~c~~~nxen[s are built.
Tex~s law ~~ermits 'tm~~ict fees, antl ~n~rc :~ne~ more cc~mn~u-
~}ita~s arc ~Xtiio7k tl}~in ct~ F~nai7t;c l~~~ai In9r~-str~i4tur~ e;~ih.zncc-
~nents. In~paet fccs inay t~nly he ii~i~c~scci Fr~r and spent an
C~]]lt,ll 11311]CC]V~1~1~11T C(7StS "nccessitatcd l~y ai~d:ittrihutahle
C~~" >>~c~lectc:d r7~:~v cl~vciri~~tzar:t~t rvit6lin a ileFint~c6 arc:~t a~ticl
s~~e~ifi~ally i~Ic:r~tihccE it7 ti~e l~ic:al ~a~,ita~ irn~rt~ui;m~:nt~ ~,1>in.
~3uilclers, cievelc~}~ers ~mei other real ~:st~rte inciustry ~articip~nts
nee~l tr~ un~3erstanci these prrsc~ciures and play a~a acti~,~e rai~ in
tiae ini~3~iiicncatinn pro~ess.
State ~n~lalir~~ L~gisla#inn
f1ltl~csu~h char~ing cievelu~3~tlc;nr Fees for pu~lic scrvices wiates
hack eieca~es ui fast-grcativin~; ~ireas iilse Calif~rsii:s at~d Fl~~i°ic~a,
"1'~x~i~; wa5 tl~c: first st:3t~: tt~ ~nsrc:i 1~7;isl;itiu~~ s~~t:cifically autlti~-
rixing lnc~rol gn~ernincrits tc~ levy impact fees nn iiew rievelo~~-
nzent t 11€3Ta. Inlpo-ict fees ~sre gc~vcrnccl by C~~apt~r 3I5 e~f [ht
'i"cxcts I.ncal Gnvers~in~nt Cc7de, wh[clx auth~zrizes itnp:~~t fees
ta fui~d requirccl capital cc~sts Far iacally ~irnvirled roadw~ys a~r~
~~~t~~• rzn~6 Gvast~~vat~r #~~ciaitics as 4vcll as stt~l~n~ w~ytci', flc~o~1
~~tatrc~l :;nd Jrainagc f~~tilities. Al~ nt~ier fees, c~zsts c~r exaetinns
levi~c! l~y a Ic~r.il jLZriscfictic~i~ on new d4~ek~~me.nts technically
.~r~ i~c~t in~pa~t ft;cs.
Tl~~ ~~.c~4~~ c:crrzt:zi~~c ilcHa~iiiotzs, Eri~toia~r~li~nt;ti, ~+rc~c~:sses,
~I[3CCC~Ll1'C$ :1'i~if Ii,(~llII-L:C~ C(1l11~7ili:lk1[1575 :Ill f:I1~.;lI1IL I[}!Cal surisclic-
tic~n rstu~t acll7ere tc~ when en~acti~g ~r u~~ciatin,~ .~ lncal iinpacr
~ ~ ~ ~stafali~ •s-
~apltal impravei
pl~n {CIPJ.
5ection
Clf' must be devetoped lay
q~ralifed prvfessianais usirrg
generally accepted engii~eerir7g
ancl piann+ng pra~ti[es,whi[h
incfude esta~~isE~ing serviee area
boundarE~s and land-use
assumptians ~LUA1.
#ee orclinancc. The ~rdinancc cstaUlishes the a~sninistrati~c ~ra-
,:ecl~ae~~s ;a~~~l Hiiaincia! El~t~ils I,y 4vi~i~.li tlic it~i~~aLt (~c: ~~rcr,~raiii
will lie im~lemented. It zlso mandates w17en fees are a~scsse~i,
wher~ they are ~~aitl, whac ti7c;y .tre in~pnscci fc~r, hnw tl~ey wzll
l~e spent, tl~e actual fe~ to lse a~s~ss4cl fnr eac1~ la~ncl-lise ty~7e, rhe
prUCess fnr ap~eals aitti ~ther administra~tu~ ~#etails.
~nacting the +~rdinance
~ t~tc-autllarizesi F~c~l'itical s~ii~clivisinns ttiust FQllnw tl~c
E~rr~cL~lu~•LS ,incl r~yitirem~iits .s~~ci.ifiul i~i Sei~>cf~ci~~~er
C. I'rnced zires Ior Acic~ptin~ e~ j` Pn2,~~2cc ree, Cliupter :3'~5
nf the Tcxas I.ncal G[~t+ern[nen~ ~ac1e, tn ~nact i~rspact fee
ci~•clirl.~n~s~5 jsce Ft~,ure~. f'lhL first ~,I~.ES~• ~rF t9~is ~,rc~~:c;ss r~.:~~~ii~e5
pui~~ic hcarings tr~ s~cure a~~~^~rn~u.il n# thc lan~l-use assuziYptinns
GLL3t\~ a~td cntn~~rLhensive eS~~it:tl 1111~7PC7VCEi1CTifS ~TC,ti~ (CiP~.
'~'Izc ~ie;c«~~I pEia:tic rccOtikre:s a~3j~rcru~rl ui il^~e ~y7~c~.i(i~ iEnE,<ici 1~r.
^rdinanL~. Mcfst ~nsnPmznities ~a~rfarin thcse functioiis as part crf
.s Laisiprehcnsiv~ ~slannin,~ ~~rc~c~ss Yca €ar~cast tGitLtre service anti
eapital fa4ilit}~ tieceis wttether they enact an itn~~act fee r~r n~at.
A+dvisr~ry +~o~nmittee R~{e
{]n ~ar 17efs~re the: ~i~itc: n} the ~irst pL~liliL IZaari~~~; nn the C:il'
fr~r an in~~~act fec ordinance, thc ~Snlitic<ts siil~divisie~st tnust a~s-
Est,ii~~ ;st~ ,ic~vi;arry cc>mi~trtt~c ~n~~~i~ ~k~~ cet ,rt Ic~~~t fi~e rrr~~izil7f:i•ti.
At I~ ast 40 p+~rcent c3f tl~esc inust z~pr~5ent tlte i°eal esiate,
clcvcln~jmci~t c~r l~uiit~in~ in~luscrizs :siid i~~ust nar l~e affiliate<l
with thc jurisclictic~n. If tlae scrvice arca inclticlcs all nz• ~sart r~f
the politi~~~l st~bdi~asio~'s extraterritorial ?iirisclictic~n, .~t least
Set date far publdc I~earinc~ to
ctansider the L~A a~d C3f' for the
desfgnatec3 seruice ~rea. C.and-use,ClP and cime
~,~,~ assurr~ptions must ~e made
Sectron 395.4~2 ~u6Hcly available befare
}(,.t ~.~~ publication of the first
~~ ~ puEalir h~aring ciate.
Sec!'icart 395.C143
nne ineanl~er ~f the caznmittee mlist represenr tliat area. If the iYntiti~acif,t~ ~•ce~ufrc»i~if~s ~rr V11I(]fp71 tI]C: 41L1I7I1C i7f C~1,#l ~ae;t
lac.il ~l~trsning ~~i~c3 zs~ixis~g caanrnissit}n a~ts as thc advis~zy ~Sectinsi 3):i.f}575M,
cc~rnmittee, anly K3n~ naen~Ger is rec~uired tn represent thL r~al lf any~ ~.i~izet~ ii1~:s .i 41rt•it~e~i rec~~~~st to ~i~~~f~itc TIZU LI~A, thL
estatc, ~$cvclapn~~e,nt or l~uile~ing iii~ustric~. CIP or the im~act f~e orciinance, the juri~diction :ntist frollow
'The s;Qminittee`s char~e is t[~ review tii~ }~rap~~se~l tlti~: ~rescx'xl~ecl ste}~s nf nati~e, la~:~rings an€1 ~t~c~~-
Cif' :ins! "'ac#vis~ and assist the p~1'ttical subdivi- ticrn tietaile~l in 5uUchapter C e~€ the °I'exa~
si€~n'" in aclc~~tirsg tl~c LLTt~. AlthT~u~;ll tlie Lr~~al ~arernment Cs~de. Tl~c ~urisciiction
cc~tn~nittee is r~quue~ tn sul3rti'rt ~i written ~~,~~,~~ ~~~~ rnust foli~w ess~ntaally th~ same prc3r.ess
re~nrt reviewing k~e LL]A, ~Cil' an~i tlze
~~rn~[~ser~ impact fce ~rdis~~r~cc:, it has
nza authority tn apgruve, ~iisa~~prbve
ar Ro tal~e :~ny [ather c~iree4 astiC~n
ivitlt re~arcl tE~ the claGa, cunclta-
sions nr recc~mine~datians. Tt has
tlzc on~;ain~ ras~~ns'tl~ilicy tc~ mnni-
tar zt~~ eValuate the in~plementa-
ttf}n caf tiie CIP. Qcs~itc its Iack nf
ciirect aLitharity, the ~srl~isnry cc~in-
n~ittcL c:.ri~ bc intlu~tlriri] i3i implc-
rri~°riting a iocal Eec thrnugh its r~Ie as
rechiiical atiuisor tn the ~le~isi~n-
~nakirsg taoriy aF ~lic lcsc~il jtirisdir~ti<~n.
Uptlating ~L1A anrl Cfl'
~.~rr~' ~~ ~~~~~~~~
~~` tc~ up~iate or change thz nn~~act fees
as was rec~u'trcd to enact tlie ianE7xct
i
i
lt
5
i
t
d
. ~
nc~
y ~
ect
nn
in:~nce ~r
e.c or
~n'~I~ ~irr~~ d~~in ~he
~ .~~~.°~'~~~".
J
~~,~r~~ .}ti r~}~~.~g ~,r.
~~~"~'~'~` ~ISS@SSi17~ ~!~@S
n~;encral, in~pnct Fe~s may
j be assesscd anytiinc dsiring
~~~~ p~~.~ ~~~~~~~~
~, zkx~ Ian~~ pl~c#in~ ar I~uildin;~
~~~prov:~l st~ges of a ~~r~aject. ~}nce
~{-~~~~ ~~ ~t
4 tl~c fees are asscssed, ~~dcliti~n,il fecs
c;tnnnt I>e .isse~secf ~utd fees c:innr~t ve
f
l
l
~inits
iiicreased iu3
ess t
ae nuznl~cr e~
~~Q~~~~ . to ~ie cievel~x~7e~ o~ tlze tr~ict inerea~es
(Secrinn ~395.U17J.
Any jurisdickion imp^sin~; an ~in~act fer s~xust
t~pdate the I,UA, e.~~~itatl ian~arnv~tnenYs plan a~icl
ii~33}a~.t ic4 s3t~~lti~:a~}c~ ~v~ry [i~~ y~<s~~.ti j5~e:ticf~l .3~J.7.{],'?}. If nty
upii~te is necess~~ry, tlie j~irisc3i~tinn rn~xst n~eet s}zccific
~ T13e p~~litical sailr~iivisinix inny e~~llect i~n-
pat~.t fees wlien tlie st~L~ai~isfrrn plal ar Laisi~Lction
tc~ the }urisclictian~'s watcr nr scwcr sysrei~t is rs.cnr~led
c~r wLicv the ju~•isc~ittion issues the l~uil~fin~; permit vr eer-
tifis:ate s~f ~~cct~p.iney. If aew dcre3o~sments are pl~itted
Adtspt vr ~eject LUR
antl CIP. No erner~en~y
ado~rtiar3 permissihle..
I Publish and santl notice of ~~blic
Piearing ~n lUA an~f ClP at least 3(l
days krefore f~earing.
~(~ ~ ~" 5ertion 395.t~44
I~otiee of iiearing must he senY by
tertified mail to anyone wha has
requestecl En writinc~ within the
~re~ious two ye~rs tl~at nvtice be
pta~vided.
Cvnd«t[ public hearing
SerCiwi 395A45
an vr befiore date of hearing, Political sut~divisian
five-persan advisary ~pmmit- must appro~e or
tee must k~e appointed. disappraVe the Lf1A.
Sectiara ~95,058 anc! CIP within 30
days after date of
puE~li[ hearing.
before tlie aao~tian r~f .u~ iFnp:~cF Fee, f~es cannnt kae; ~nlle~tec~
~ix any l~uilsl'ui~ fc~r wi~ich a bLZil~iing p~rrnit is isstie~ within
a~ne year ,itzer t~ie iinpaet fee is acivptud [Sec:tir~n, ~JS.QlC~~c~~.
Thc c~d~ in~jizclates th~et imp~ict fces may iint he
c~all~cterl ii7 ar~~s 4vk~er~ scrvi~cs ~sae ~~rrt ava~l-
;~hl~ unl~s:
thc ec~~Ic~tiaa~ is rna~~e tn pay #t~r 1
u~pital ii1~}~rnve~tirnt c~r Faeility
~x~~:iiiaizrii iclct3riii~cl itt t7~~ C11;
~2I1C~. t~,l~ JLEY1Si~1Ct1Ci7i COl11111145
to bc~in ccan4trtictz~7xY wial~in
twrs ycars a~rici have. ss:rvic~.s
~va-ilable in ~aQ inorc th~an
~~l.V(; }'l:ttl"ti;
thc jurisclicti~~n lzas an
a~rec~nent with ahe nwner
uF a new cievelnp-n~.nt that
the ajwner mcay ~c~nstriict [~r
t311~11CC~ l'~Sjllttil t111~7t'(lt'L'1311°lll'ti
[~r faci4ity expai~4inns and k~zat ~
casts incurre~f -vi11 be creditecl ~
~i~ainst the ii~~act Fces duc: #rorn tl-~e
i~cw d~veing~m~nt; car
.in ~~wner aslcs thc ~>olitie.tl scil~ciivisinn tra
rescr~c ca}~acity< <n ser~e ftitur~ dc:~cln}~n~enr, €uid d~e ju-
risili~tinn arsc~ tl~e owncr h.tvc ~3 writtcn a~rccn~cnt tr~ rhat
etFcct jS~:ctic~n :3I5.~ I ~y.
~ix
May adQpt LUA for systertzwide water
s~apply, treatment and tfistributiprr
facilities ar wastewat~r cpClecclan and
treatmen~ facili#ies thaY [awer th~
entira palitic~l sub~livisic~n.
5ertian 395.0455
May ~or ado~t systemwF~e
assumptians for s[orm water,
drainage,flocad contrni or
rvadw~y fa~ilities.
Sh~~~c~ c~i~f fe~~r~t
f e,~s b~ ~tsseS~~ed in
~~~~~~~~~ ~~~~~ ~~~~
on existi~.g c~~aci~
c~rc~ praje~~~c~ gr~~u
in d~r~an.~ i~. t~.~~s
Texas cc~du pr~l~il~ics pe~liti~al s~i~clivisions frn~n pl=icing a
maratnritiin ~n new c{e~ctn~~incnt w~7ilc; waitin~ for LUA, 3
CIP, c~r an im~~i~t Fee tta 1ae ~levelc~~sec~, ~~clcrpteci or tipc3ated
~Sectic}F~ 395A7G~.
[~efur~ds ~nd ~x+emptions
L~ipact fees not s}7e~at are e1i~;ible tcs he
~ reft~nde~l if servi~e is c~enieci c~r canstruc-
ticrn is not Ue~i¢r on a f~l~ility within
tw~a y~axs, if servi~e is «nt availahie
~vithii~ a relsonahle tizs~e ~nat inare
'r tf~~tn fiv~• yc::k~'s1, caC lf iti~isai~t t~~~
~~ :zre not ~pent fr~r allr~w~ble ~~«r-
pcxses witlun ten ycars.
'i~l All i'ttu~~~is l~~ar i~tterest ~~le~-
~ l.iteei froii7 the c~ate c~f calleccion
~~ cc~ tl~c sia[t; c~f rc:fur~d ~rt tlle statu-
~f~ry ~rate. I~rug~rty s~~+rzers ~~xt~st
rc~~uest reftiinds ausi prs~vc kl~at tlicy
~ ~ire r~wuc~. Eligi~aifity ts~ reqttest ~x
sue far ca ref~inil bel~iigs tn the cur-
rent n~vner raf r~:~c~r~1, 4~Izo itic~st ofter~ ts
, iYC~t tl~e pcrsnn wlin ~aic~ t~xe fec {Seetic~n
3~J:i.fl?5~.
Raitl~~r tkian exE?ecting ftir~sri propcrcy a~v~iers ro
Icn~~w that a tec was ~~.hic~ aa~c~ thcn rgying to initiate scPar~tu
nr c~cn class-acezc~~t sxiits ~or r~cc~wcry, s~evelcrpers i~ligltt a~t-
ta~h ~ieecl r~sti•ictz~ns rz•ansfGreiii~ fh~: ri~l~t tra se4k itn~~nck fec
v~ ~ 5ei date for public
ITe~ring for adcapting
impa~t fe~ ordinance.
S[ctian 345.~7¢7
Sectiori 395.O~F1
Natrce of I~earing must t~ sert kay
certifiet[ rnaii to ~nycane wFso has
rec~uested in writing wrthln the
prev~ous two ye~rs that nofice kae
re~.~ ?
~°IC~~t`
Pai~ffsit and 5~nd nptite af publi~
I'~earing on lmpact fees at I~ast 30
ciays before hearing.
prov'ided.
Advisory cor~nmittee mrast file written
comments vn propos~d impa[t fee at least
fiv~ k~usii7ess days prsor ta puk~lic hearing.
An impact fee cann~st 6e hetd invalid 6ecause
p~~li[ ncatic~ reqi~ir~ments wcr~ r~at
cvmplied with if compliance was substantial
ar~d in gar~d ~itl7.
Sectian 395.f17$
Conduct public hearirtg
refut~~~s to the lt~cal lxameawners ~ssn~iati~n. Tiie asao~aatioi~
coiile~ then initi~te the rcfui~d Proccss if the Eccs ~aicl werc nat
spent in .-ii :i~~~rsapri~ite nr timely faslsie~n.
The Tcxas ct7sle allt~ws isnp:tct fecs to he r~:ducc~ s~r waiycd
c~t~ yu:~~iti~~l >1C'{r~rtl,il~l~ I7c:Ei~ink ~3rs~~~c;t~ lui luw- .u~il n~sc~~l~:ratc;-
~rict~~n~ h~,1~s~:hrolE~4, P~~~ t,~h~r ~n~~c~citi~ 1.~nd us~w t~r E~urp~~scs a1~:
eligiUlc for ex~inptiaii.
Fs~ues tv be Deci[!ed
inpa~ct fce ~roccdures and aclministratic~n ar~ cc~inplex
~ 6ccause impact fees laave z'eqt~ire.m~:nts tliat traciititanal '
Iocal tax rc~rentie sc~tirces ai~s ncat. W~iile 'I`exas Ie~;aslF~tzc3x~
s~sclls c~ut l~ti'r~~:e~iural re~.lfzirein~nts ta en~ct in~Ey~xct tees, si~-
lli~-kL`.kll7~: ~1i5~1iy' ill3lj f4j7~Y~ElLIC]i3PC~ fStiLl(:ti ill-C ~7iL'lll~ 1~11R1'L4 ,lP'411SF1(~
th~: cnuntry an~i will nn clt~ui~t cnm~ to rhe fc3refrnnt in'Cexas.
Far ~~c:iinE,le:
• SliQ~ild c~ifFrz•e~1t fees he assessec~ in ~li#ferent ar~as hased
cxrs existing capacity aszd pre~jectec~ ~ro~vth in ciesnanc3 in
tfiese arc.is?
• Shnui[i resieienti~l irntacict fee5 lae in~cxed l~y fanzne size,
value ~r s~~ne c~tla~:r crikeria? lm~7act fees t~n -°~szdential
~arciperties ty~aically are lrased ~~n the u~ziazUer of l~at~ c~r
rntilkif=iii~ily units, ~rc~jectrcl ;it tl~~ s~tgne raee. Ctmsc-
c~uently, el~s: 4tfective rar~ is stihsz~~neially lnwer fc7r
hi~;her-pri~ec3 l~rn~erties tIaan fnr lower-~~riced prn}~~rties.
• 5htaiilci sr~inc ilcW~lt~l~nl~nt pr~jcc#s Y~~ cxea~Ypkecl froslt
iin~~act Fees tn lzc~nst scoi~aai~ic die~el~~pFZient?
nin~e
• 5l~oulc~ fces l~s~ indexr:d c~e }3lz~aseci o~ea' ti~~~er Pts~jcete~I
d~~~;}c~pment ca~~~ a ten-year I~crioci ~rnha171y wili nnt oc-
cur .u ~;« ev+en ~~aei oVer the ~}eri~7~, sc~ s~~ar.ild the f~es be
E~haxccl la~se~3 an actuai cievcic~pment?
• Are f~vw lu~kifi~ti lf cxititin~; ~:a}~a~it}+ ~x~eeci, tht ~3rnj~~te:ci
in~rease in clezxaanc~ nr if tl~c }~rop~s4ci capital iFn~rnr~c;-
~i~4nts crelte ~:ven ~reciter ex~ess ca}~aeity c~ven• tirnc'
For exaiu~de, i[ existing excess capacity ~~n sa re~adway,
is Sp,[][7{) vehicle-ix~iles ai~ci ~rajectir~iis 'ts~dicate 4fl,[][3f~
v~l~i+~l~;-t~lllc:v ~rt nLw cl~ir3aiicl, is ti fcc ju~tifi~ci~
• Shc~ula c~iff~rer~tii~I iizi~act fees l~e uscd to ~~rna~iote som~
~ypes af develnptnertt aiicl discviuage Qtliers?
Inforn~atic~n Ur~ ccrn~~utYS~~ imp~~ct fc~s will l~e iiaclucic:cl in
the next issue ni Tierrr~ Granc~e, ~
[]~. C)airic~s {j~~~;nne~sCF~ui~tt:~.ccfis) is ~t rescc~t'cfi r.:crrr~r,mrsi uru~ Fuaa~hrn~~~;h ljtm
C~1111f~YL'C~l1Z2}'.d[RtlIB.CCZlL~ 15 Cl 7T-.tr}F~7Ei` [)f {f1C ~1[e:I.fC 13GY [Jf lt\'LLS (lTl{~ [! lUtUy4:7'
~u~tfr the Reat ~'srare Ceriter at Teu~s ,'~~'M [.lrtiti~e~srty,
Niany ec3t~lrnunities, especially khnsc in high-gr~wtll arc~s,
~IYL' :3',4SC:titilil,L; lltt~5i4L't I~c:f:ti tf? ~7ri:lill:.L` l17f1'.3titYll(;'1LiP'C' l:[]f5S[I'lll'-
tis~i~. ~'r~.;t~in~;;a lucal c~rclii~:mc.c s:: ~h~~ iir;~ .~~~:E, i,, ~lx~• ~~~~~~-
cess, wl~icb~ is ~;c~~crne:d hy Texas tc~caP Gouern~nent C.n~ic.
C:l~.~E~tcr ,i~;~ E~rc~vi~~cs tij~e~ifi~ rc~~uir~:me~1t, fcir ~na3Leing a
local ini~~aGt fcl.
4~~.,~ Adopt nr rejee& ti~e
~mpa[t fee ear~firrance.
Nv enner~en[y a[loptian
permissible.
Sertion 395.~15 ~
Politi~al su{~diwisian rnust
approve or disa,~~aroae the
impacz fee ~Ian with~n 3fl days
after date aF public 17earing.
Ap~eal nt irnpaet fee
arclirtianee rnust begin
within 90 days.
Section 395-f317
~~~i ~i ~. r; ~~~
~ ~~~-
j~ r:~ r.~~~ r
3~~ ~~ r~,~-~~ ~ r
~ ~~ ~~ ~
..
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David E. Da(zell, Abilene, chairman; D. Marc McDougal, Lubbock, vice chairman; James Michael Boycl, Houston; Catarina Gonzales Cron, Houston; Tom H. Gann,
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ancl )ohn f). Fd<strum, Conroe, cx-ofticio representing the Texas Real Fstate Commission.
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Kimley-Horn Professional Services Agreement
^ ~ ~ Kimley-Horn
~ and Associates,lnc,
June 10, 2011
Ron Ruthven, AICP
Interim Development and Public Works Director
City of Colleyville
100 Main Street
Colleyville, TX 76034
Re: Water, Wastewater, and Roadway Impact Fee Update
Colleyville, Texas
Proposal for Professional Engineering Services
Dear Mr. Ruthven:
Kimley-Horn and Associates, Inc. (KHA) is pleased to submit this Letter
Agreement to the City of Colleyville (Client) to provide professional services to
update the City's water, wastewater, and roadway impact fees. Our project
understanding, scope of services, schedule, and fee are below.
Project Understanding
This project consists of providing professional services associated with an update
of the City's Land Use Assumptions and Water, Wastewater, and Roadway
Impact Fees in accordance with Chapter 395 of the Texas Local Government
Code. This project is anticipated to include the following components:
1. Land Use Assumptions (Report to include City staff-prepared work)
2. Water Impact Fee Update
3. Wastewater Impact Fee Update
4. Roadway Impact Fee Update
5. Financial Analysis and Impact Fee Credit Determination
6. Public Hearings and Approval
Scope of Services
If services beyond those defined in this scope are to be required, KHA will
confer with the Client to receive further authorization before such additional
services are performed.
Suite 950
B01 Cherry Street, Unit 11
Fort Worth, Texas
76102
^
TEL 917 335 6511
FAX 817 335 5070
Kimley-Horn Professional Services Agreement
~ Kimley-Horn Mr. Ron Ruthven, AICP, June 1Q 2011, Page 2
~ ~ and Associates, Inc.
Task 1- Land Use Assumptions
$3,000
KHA will assist the City in developing the land use assumptions in conformance
with Chapter 395 of the Local Government Code and shall include:
1.1. Service Area Boundaries. KHA will meet with the City to review current
service areas for water, wastewater, and roadway impact fees. KHA will
work with City staff to revise the service area boundaries (if necessary)
KHA will review the existing roadway service areas and make
recommendations to the number of service areas so that each area does
not exceed the six (6) mile restriction as stated in Chapter 395 of the
Local Government Code.
1.2. Land Use Assumptions. KHA will provide City staff with an overview of
the information required as part of the Land Use Assumptions for Impact
Fees. This task will require the City to develop the following for use in
the Impact Fee calculations:
1.2.1 Existing population and employment information by service area
for the Year 2011;
1.2.2 Build-Out population and employment projections by service area;
1.23 Ten Year population and employment projections by service area
for the Year 2021;
1.2.4 All population information shall be reported by number of persons
and number of dwelling units; while all employment data shall be
classified as number of square feet of floor area for Basic, Service,
and Retail employment; and
1.2.5 Summary report to include with the Impact Fee Update showing a
general overview of inethodology and results.
Task 2- Water Impact Fee Update
$20,500
KHA will prepare the water impact fee update in conformance with Chapter 395
of the Local Government Code and shall include:
2.1. Data Collection. KHA will deliver a letter request to the City describing
water data that should be provided to KHA. The data collection is as
follows:
2.1.1 Water Master Plan - K~IA will coordinate with the City to obtain
the latest water system master plan adopted by the City.
2.1.2 KHA will obtain water usage history - Annual water usage and
maximum day usage records for the past ten (10) years for
development of the service unit projection.
2.13 Trinity River Authority (TRA) wholesale water contract with the
City.
Kimley-Horn Professional Services Agreement
^_^ Kimley-Horn Mr. Ron Ruthven, AICP, June 10, 2011, Page 3
~ and Associates, Inc.
2.1.4 TRA rate calculation with regards to the Cities cost obligation for
TRA water delivery facilities.
2.2. Infrastructure Capacity Criteria. KI~A will coordinate with the City to
obtain the criterion for determining the ten (10) year capacity of the
following infrastructure:
2.2.1 Future Transmission Lines (12-inch and larger)
2.2.2 Existing and Future Elevated Storage Tanks
2.2.3 Existing and Future Ground Storage Tanks
2.2.4 Existing and Future Pump Stations
An analysis of the TRA rate calculation will be done to determine if
existing or future TRA facilities may be accounted for as part of the
Impact Fee Capital Improvements Plan.
A criterion will not be developed for existing City transmission lines.
2.3. Water Impact Fee C~ital Improvements Plan. KHA will coordinate with
the City to develop the Water Impact Fee Capital Improvements Plan. It
will include the following infrastructure:
23.1 Future Transmission Lines (12-inch and larger)
23.2 Existing and Future Elevated Storage Tanks
233 Existing and Future Ground Storage Tanks
23.4 Existing and Future Pump Stations
Results of the TRA rate analysis will determine whether TRA facilities
will be included in the Impact Fee Capital Improvements Plan.
It will not include existing City transmission lines.
2.4. Maximum Assessable Water Impact Fee Calculation. KHA will calculate
the additional service units based on the Land Use Assumptions. KHA
will then calculate the Impact Fee per service unit, unit equivalents by
meter size and the Maximum Assessable Water Impact Fee table by meter
size. KHA will incorporate the financial analysis performed in Task 5 to
determine the maximum assessable impact fee by service unit.
2.5. Water Impact Fee Update Report. KHA will provide both a draft and
final Water Impact Fee Report. The report will include:
2.5.1 Water service area
2.5.2 Narrative of the impact fee update methodology
2.53 Impact fee calculations
2.5.4 Water Impact Fee CIP
2.5.5 E~ibits
Kimley-Horn Professional Services Agreement
^_~ Kimley-Horn Mr. Ron Ruthven, AICP, June 10, 2011, Page 4
~ and Associates, Inc.
2.5.6 Because of the relatively high printing costs and the challenge of
managing drafts and final versions of each major component of the
Impact Fee Update Report, draft versions of the Water Impact Fee
Report will be submitted in .pdf format.
2.6. Meetin~s. KHA will prepare for and attend the following meetings:
2.6.1 One (1) meeting with TRA staff to review the wholesale rate
calculation.
2.6.2 One (1) meeting with staff to review Water Impact Fee Capital
Improvements Plan.
2.6.3 One (1) meeting with staff to review Maximum Assessable Water
Impact Fees.
2.7. Deliverables
2.7.1 Data collection request letter.
2.7.2 Electronic (.pd~ copy of the Draft Water Impact Fee Report.
2.73 Upon final approval of the Impact Fee Update and new ordinance
by the City Council, KHA will provide twenty (20) originals of the
Final Impact Fee Update Report, including the Water Impact Fee
component of the Report (see Task 6.2).
Task 3- Wastewater Impact Fee Update $20,500
KHA will prepare the wastewater impact fee update in conformance with
Chapter 395 of the Local Government Code and shall include:
3.1. Data Collection. KHA will collect the following data:
3.1.1 Wastewater Master Plan - KHA will coordinate with the City to
obtain the latest wastewater system master plan adopted by the
City.
3.1.2 KHA will obtain wastewater usage history - Annual wastewater
usage and peak usage records for the past ten (10) years for
development of the service unit projection.
3.13 Trinity River Authority (TRA) wholesale wastewater contract with
the City.
3.1.4 TRA rate calculation with regards to the Cities cost obligation for
TRA wastewater collection facilities.
3.2. Infrastructure Capacity Criteria. KHA will coordinate with the City to
obtain the criterion for determining the ten (10) year capacity of the
following infrastructure:
3.2.1 Existing Trunk Lines that are 10-inch and larger
3.2.2 Future Trunk Lines (8-inch and larger)
Kimley-Horn Professional Services Agreement
^_~ Kimley-Horn Mr, Ron Ruthven, AICP, June 10, 2011, Page 5
~ antl Associates, Inc.
3.2.3 Existing and Future Lift Stations
3.2.4 Existing and Future Force Mains
An analysis of the TRA rate calculation will be done to determine if
existing or future TRA facilities may be accounted for as part of the
Impact Fee Capital Improvements Plan.
3.3. Wastewater Impact Fee Capital Improvements Plan. KHA will coordinate
with the City to develop the Wastewater Impact Fee Capital
Improvements Plan. It will include the following infrastructure:
3 3.1 Existing Trunk Lines that are 10-inch and larger
33.2 Future Trunk Lines (8-inch and larger)
3.3.3 Existing and Future Lift Stations
3.3.4 Existing and Future Force Mains
Results of the TRA rate analysis will determine whether TRA facilities
will be included in the Impact Fee Capital Improvements Plan.
3.4. Maximum Assessable Wastewater Impact Fee Calculation. KHA will
calculate the additional service units based on the Land Use Assumptions.
KHA will then calculate the Impact Fee per service unit, unit equivalents
by meter size and the Maximum Assessable Wastewater Impact Fee table
by meter size. K~IA will incorporate the financial analysis performed in
Task 5 to determine the maximum assessable impact fee by service unit.
3.5. Wastewater Report. KHA will provide both a draft and final Wastewater
Impact Fee Report. The report will include:
3.5.1 Wastewater service area
3.5.2 Narrative of the impact fee update methodology
3.53 Impact fee calculations
3.5.4 Wastewater Impact Fee CIP
3.5.5 E~ibits
3.5.6 Because of the relatively high printing costs and the challenge of
managing drafts and final versions of each major component of the
Impact Fee Update Report, draft versions of the Wastewater
Impact Fee Report will be submitted in .pdf format.
3.6. Meetin~s. KHA will prepare for and attend the following meetings:
3.6.1 One (1) meeting with TRA staff to review the wholesale rate
calculation.
3.6.2 One (1) meeting with staff to review Wastewater Impact Fee
Capital Improvements Plan
Kimley-Horn Professional Services Agreement
^ ~ ^ Kimley-Horn
~ and Associates, Inc.
Mr. Ron Ruthven, AICP, June 10, 2011, Page 6
3.63 One (1) meeting with staffto review Maximum Assessable
Wastewater Impact Fees
3.7. Deliverables.
3.7.1 Data collection request letter
3.7.2 Electronic (.pd fl copy of the Draft Wastewater Impact Fee Report
3.7.3 Upon final approval of the Impact Fee Update and new ordinance
by the City Council, KHA will provide twenty (20) originals of the
Final Impact Fee Update Report, including the Wastewater Impact
Fee component of the Report (see Task 6.2).
Task 4- Roadway Impact Fee Update
$20,500
KHA will prepare the roadway impact fee update in conformance with Chapter
395 of the Local Government Code and shall include:
4.1. Data Collection. KHA will collect the following data:
4.1.1 Thoroughfare Plan - The City shall provide KHA the most recent
thoroughfare plan adopted by the City. GIS shapefiles, databases,
and layering information shall be provided if available.
4.1.2 Traffic Counts - The City shall provide data (current and
historical) for all roadway segments on the current Master
Thoroughfare Plan. If additional traffic counts are required, the
City will collect this additional data.
4.2. 10-Year Growth Projections and Capaci , Anal,~.
4.2.1 KHA will use the service area boundaries established as part of
Task 1(Land Use Assumptions). In consultation with the City
staff, KHA will determine land use categories to be included in the
land use vehicle-mile equivalency table.
4.2.2 KHA will identify the service units for new development and the
average trip length. Using the 8`h Edition of the Institute of
Transportation Engineer's (ITE) Trip Generation Manual, KHA
will develop updated trip generation and pass-by trip rates.
4.23 KHA will perform an analysis of existing conditions. This will
include a determination of roadway capacities, volumes, vehicle-
miles of supply, vehicle-miles of demand, existing excess capacity,
and existing deficiencies.
4.2.4 K~IA will project traffic conditions for the ten-year planning
period, the target year for the impact fee growth projections. This
will include growth and new demand by service area. KHA will
determine the capacity available for new growth.
Kimley-Horn Professional Services Agreement
^-^ Kimley-Horn Mc Ron Ruthven, AICP, June 10, 2011, Page 7
~ and Associates, Inc.
43. Roadwa_y Impact Fee Capital Improvements Plan
43.1 KHA will assist the City to develop a Roadway Impact Fee Capital
Improvements Plan, which will include cost projections for
anticipated projects to be included in the study. The Roadway
Impact Fee Capital Improvements Plan will include existing
oversized facilities and proposed facilities designed to serve future
development. The Roadway Impact Fee Capital Improvements
Plan shall include a general description ofthe project and a project
cost projection. Planning level cost projections for future projects
will be prepared based on previous experience with Roadway
construction costs. The City shall provide KHA with actual City
cost information for previously completed projects with excess
capacity and any cost contribution to County or State projects.
4.3.2 KHA will identify the portion of project improvements required to
serve existing demand and the portion of project improvements
required to serve new development within the 10-year planning
period.
4.4. Maximum Assessable Roadwa,~pact Fee Calculation. Using the newly
developed 10-year growth projections, roadway impact fee capital
improvements plan, and capacity available for new growth, KHA will
determine the cost of roadway improvements by service area, the
maximum costs per service unit, and the resulting maximum assessable
roadway impact fees by service area. KHA will incorporate the financial
analysis performed in Task 5 to determine the maximum assessable
impact fee per service unit.
4.5. Roadwav Report. KHA will provide both a draft and final Roadway Impact
Fee Report. The report will include:
4.5.1 Roadway service areas
4.5.2 Narrative of the impact fee update methodology
4.5.3 Impact fee calculations
4.5.4 Roadway Impact Fee CIP
4.5.5 E~ibits
4.5.6 Because of the relatively high printing costs and the challenge of
managing drafts and final versions of each major component ofthe
Impact Fee Update Report, draft versions of the Roadway Impact
Fee Report will be submitted in .pdf format.
4.6. Meetin~s. KHA will prepare for and attend the following meetings:
4.6.1 One (1) meeting with staff to review the Roadway Impact Fee CIP
Kimley-Horn Professional Services Agreement
~ Kimley-Horn Mr. Ron Ruthven, AICP, June 10, 2011, Page 8
~~ and Associates, Inc.
4.6.2 One (1) meeting with staff to review the proposed Maximum
Assessable Roadway Impact Fees
4.7. Deliverables
4.7.1 Electronic (.pd~ copy of the Draft Roadway Impact Fee Report
4.7.2 Upon final approval of the Impact Fee Update and new ordinance
by the City Council, KHA will provide twenty (20) originals of the
Final Impact Fee Update Report, including the Roadway Impact
Fee component of the Report (see Task 6.2).
Task 5- Financial Analysis and Impact $15,500
Fee Credit Determination
A financial subconsultant will calculate maximum assessable impact fees far the
designated ten-year period for each service function (i.e. water, wastewater, and
roadways), as well as determine the water, wastewater, and roadway impact fee
credits in conformance with Chapter 395 of the Local Government Code. This
task shall include:
5.1. Select Appropriate Credit Option. In 2001, Chapter 395 was amended to
include a plan for awarding either a credit for the portion of ad valarem tax
and/or utility service revenues generated by new service units during the
program period that are used for payment of improvements that are
included in the impact fee capital improvements plan, or a credit equal to
50% of the total cost of the impact fee capital improvements plan. Using
the impact fee eligible capital improvement costs and projected service
units provided by KHA, the financial subconsultant will calculate the
maximum assessable, full-cost recovery impact fees, including applicable
financing costs, for the designated period. The financial subconsultant will
then meet with City Staff to determine the credit option (either the credit
determination or 50% of costs) that most appropriately satisfies the balance
between the City's funding requirements and the City's desired economic
growth.
5.2. Credit Determination. Assuming the City elects to pursue the credit option
involving ad valorem tax and/or utility service revenue, the financial
subconsultant will determine the appropriate credit, if any, and apply this
credit to the impact fee determination in accordance with Chapter 395
requirements. A critical component of this calculation is the examination
of funding practices involving existing projects that are impact fee eligible
under the newly calculated impact fees. Since Chapter 395 requires a
credit for ad valorem taxes and/or utility service revenues from new service
units used to fund impact fee eligible projects, a decision must be made as
to whether to maintain or modify the existing funding practice for existing
projects. The ultimate decision of either maintaining or modifying existing
Kimley-Horn Professional Services Agreement
^_^ Kimley-Horn Mr. Ron Ruthven, AICP, June 10, 2011, Page 9
~ and Associates, Inc.
funding practices is generally based on funding needs or the administrative
requirements of complying with Chapter 395.
53. Impact Fee Determination. After the credit determination is made, the
credit will be incorporated into the impact fee calculation. The impact fee
calculation performed by the financial subconsultant uses a financial
model, which fully recognizes the requirements of Chapter 395, including
the recognition of cash andlor debt financing, interest earnings, fund
balances, ad valorem taxes, and utility rate revenues.
5.4. Meetin,~s and Presentations. After the impact fees have been calculated, the
financial subconsultant will meet with City Staff to review the impact fee
determination and address any outstanding issues and/or concerns. Staffls
comments and recommendations will be incorporated where appropriate.
KHA will incorporate the financial analysis and impact fee credit
determination into the final impact fee documentation.
Task 6- Public Hearings and Approval $5,000
It is anticipated that a representative from KHA will prepare for and attend up to
three (3) meetings during the public hearing and approval process. These
anticipated meetings are as follows:
6.1. Prepare for and attend one (1) Capital Improvements Advisory Committee
(CIAC) and/or Council workshop to present fundamentals of Impact Fees
and Land Use Assumptions.
6.2. Prepare for and attend one (1) CIAC public hearing to present the Land
Use Assumptions, CIP, and Maximum Assessable Water, Wastewater, and
Roadway Impact Fees.
6.3. Prepare for and attend one (1) City Council public hearings to present the
Land Use Assumptions, CIP, and Maximum Assessable Water,
Wastewater, and Roadway Impact Fees.
63.1 KHA will provide twenty (20) copies of the Draft Impact Fee
Update Report for distribution to the CIAC, Council, and staff.
6.4. Upon final approval of the Impact Fee Update and new ordinance by the
City Council, KHA will provide twenty (20) copies of the Final Impact Fee
Update Report, including Land Use Assumptions, Water, Wastewater,
Roadway, and Financial Analysis components the Impact Fee Update.
6.5. Electronic (.pd fl copy of the Final Impact Fee Update Report.
Kimley-Horn Professional Services Agreement
^_^ Kimley-Horn Mr. Ron Ruthven, AICP, June 10, 2011, Page 10
~ and Associates, Inc.
At the request of the City, KHA will review the proposed Impact Fee Ordinance
as prepared by the City Attorney. It is anticipated the City Attorney will require
e~ibits from the Water, Wastewater, and Roadway Impact Fee Report to be
included in the ordinance. KHA recommends the City coardinate with their
Attorney to ensure they will be able to prepare the ordinance during Task 6.
KHA will create a Water, Wastewater, and Roadway Impact Fee estimator
spreadsheet tool to assist in calculating a development's impact fees based on the
impact fee rates adopted in Task 6.
Additional Services
Services not specifically identified in the Scope of Services above shall be
considered additional and shall be performed on an individual basis upon
authorization by the City. Compensation for additional services will be agreed to
prior to their performance. Such services shall include, but are not limited to, the
following:
• Additional assistance in developing the land use assumptions outside of that
described in this agreement.
• Preparation for and attendance at additional public meetings not specifically
identified in the Scope of Services.
• Furnish additional copies of review documents and/or bid documents in
excess of the number of the same identified in the Scope of Services.
• Reanalysis or recalculation to reflect project scope changes or policy changes
requested by the City, addressing changes in direction previously approved
by the City, ar mandated by changing governmental laws.
Information Provided By Client
The master plan information used in the analysis shall be provided by the Client.
KHA shall be entitled to rely on the completeness and accuracy of all
information provided by the Client.
Kimley-Horn Professional Services Agreement
^_^ Kimley-Horn Mr. Ron Ruthven, AICP, June 10, 2011, Page 11
~ and Associates, Inc.
Schedule
Task 1 will be completed by the City with assistance from KHA following
receipt of a signed copy of this Letter Agreement. Tasks 2 through 4 will be
completed within four (4) months following receipt of the information required
as part of Task 1. Task 5 and 6 will be completed in a timely manner based upon
CIAC and City Council schedules, along with the requirements of Chapter 395 of
the Texas Local Government Code. Additional services, if desired, will be
performed in a timely manner upon authorization by the Client.
Fee and Billing
KHA will perform the services described in Tasks 1 thru Task 6 Scope of
Services for a lump sum fee of $85,000. The fee breakdowns provided above are
for budgeting purposes only, and are not intended to represent a specific budget
amount far each Lump Sum task. KHA reserves the right to reallocate the budget
among tasks as determined necessary by KHA.
Fees will be invoiced monthly based upon the percentage of services completed
as of the invoice date. Payment will be due within 25 days of the date of the
invoice.
Closure
In addition to the matters set forth herein, our Agreement shall include, and shall
be subject to, the Standard Provisions attached hereto and hereby incorporated
herein. The term "the Client" as used in the attached Standard Provisions shall
refer to the City of Colleyville.
If you concur in all the foregoing and wish to direct us to proceed with the
services, please have authorized persons execute both copies of this Agreement
in the spaces provided below, retain one copy, and return the other to us. Fees
and times stated in this Agreement are valid for sixty (60) days after the date of
this letter.
Kimley-Horn Professional Services Agreement
~ Kimley-Horn
~ ~ and Associates, Inc,
Mc Ron Ruthven, AICP, June 10, 2011, Page 12
We appreciate the opportunity to provide these services to you. Please contact us
if you have any questions.
Very truly yours,
HIMLEY-HORN AND ASSOCIATES, INC.
~ r ~lv~(~l °~.
~r
1et~ Whitac~-e, P.E.
Project Manager
Attachment - Standard Provisions
Agreed to this day of
K:~FfW_Marke[ing\Colleyville~RIF~2011_6_10_Colleyville_IF doc
THE CITY OF COLLEYVILLE
A Municipality
By:
(Print or Type Name)
Title:
By:
(Print or Type Name)
Sc~stt [t. Ar•~~old, P. C., i'T~~
Contract 5pecialist
2011.
Witness
Kimley-Horn Professional Services Agreement
KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1 j Consultant's Scope of Ser~-ices and Additional Ser~-ices. The Consult~~It's undert~l~ing to pei-~orm professional services
eltends onlti~ to the sei-~-ices specifically~ described in this Agreement Ho«-ever, if requested bj~ the Client and agreed to b~~ the
Consultant, the Consultant ~i,ill pei-~orm Additional Ser~ices, ~i~hich shall be go~~erned b~~ these pro~Tisions. Unless othen~ise
a~eed to in ~~~riting, the Client shall pay the Consultant for an~~ Additional Ser~~ices an ~unount based upon the Consultant's
then-current hourl~~ rates plus ~ui amount to cover certain direct elpenses inchiding in-house duplicating, local mileage,
telephone calls, postage. and ~~~ord processing. Other direct elpenses «-i11 be billed at 1.1~ times cost. Technical use of
computers for design, anal~~sis, UIS, and graphics, etc., ~ti~ill be billed at $2~.00 per hour.
(2) Client's Responsibilitiey. In addition to other responsibilities described herein or imposed b~~ la~iT, the Client shall:
(a) Designate in ~i~riting a person to act as its representati~-e ~~ith respect to this Agreement, such person ha~~uig complete
authorih~ to transmit instrnctions, recei~•e information, ~uid make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and e~pectations for the pr~~ject uicluding all
numerical criteria that are to be met and all standards of de~~elopment, design, or constn~ction.
(c) Pro~~ide to the Consultant all previous sh~dies. plans, or other documents pertaining to the project and all ne~~~ data
reasonablti- necessaitiT in the Consult~~nt's opuiion, such as site sui-~Te~- and engineering data, en~~iroiunental impact assessments or
stateinents, upon all of ~~~hich the Consult<u1t mati~ rel~~.
(d) Arrange far access to the site and other pri~-ate or public property~ as required far the Consultant to pro~-ide its services.
(e) Re~~ie~ti~ all documents or oral reports presented by the Consultant and render in ~~riting decisions pertaining thereto ~~ ithin a
reasonable time so as not to dela~- the ser~-ices of the Consultaut.
(t) Furnish appro~-als ~uid permits from goeernmental authorities having jurisdiction o~~er the project and approvals and
consents from other parties as may- be necessai-~~ for completion of the Consultant's ser~~ices.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibilit~ services as the
Client ma~- require.
(h) Gi~~e prompt ~ti°ritten notice to the Consultant ~~~henever the Client becomes a~~~are of an~~ development that affects the scope,
timing, or paj~ment of the Consultant's services or ~ui~~ defect or noncompliance in ana aspect of the project.
(i) Bear all costs incidental to the responsibilities of the Client.
(3) Period of Services. Unless othei-~~~ise stated herein, the Consultant ~~~ill begin ~~~orl~ timely after receipt of a properly
elecuted copti~ of this A~eeinent and an~ requirecl retainer amount. This Agreement is made in anticipation of conditions
permitting continuous <uid orderly pro~ess tluough completion of the ser~-ices. Times for pei-~onnance shall be e~tended as
necessaiti~ for delati-s or suspensions due to circumstances that the Consultant does not control. If such delati~ or suspension
eltends for more than sil months (cumulati~ e1~~). Consult~uit~ s compensation shall be renegotiated.
(4) Method of Pa~ ment. Compensation shall be paid to the Consultant in accordance ~~~ith the follo~~~ing pro~-isions:
(a) In~~oices ~~~ill be submitted periodically for ser~~ices perfoimed and e~penses incurred. Pa~~ment of each in~-oice «-i11 be due
~ti~ithin 2~ da~~s of receipt. The Client shall also pa~~ an~~ applicable sales tal. All retainers ~ti~ill be held b~ the Consultant for the
duration of the pr~ject and applied against the final invoice. Interest ~~-•ill be added to accounts not paid ~~~ithin 2~ da~-s at the
rate of 12% per ~uuiuin beginning on the 25ri' dav. If the Client fails to mal~e ~u1~~ pati~ment due to the Consultant under tliis or
any other agreement ~vithin 30 davs after the Consultant's transmittal of its invoice, the Consultant may. after gieing notice to the
Client, suspend ser~-ices aud ~i~itliliold deli~ erables until all amounts due are paid in fi~ll and may cominence proceedings,
inchiding filing liens, to secure its right to pa~~ment under this Agreement.
(b) If the Client relies on pa~-ment or proceeds trom a third part~~ to pa~- Consultant ~uid Client does not pay ConsultanY s in~-oice
«~ithin 60 da~~s of receipt. Consultant ma~~ communicate directlti~ ~~-~ith such third parn~ to secure pati-ment.
(c) If the Client objects to an invoice, it must advise the Consultant in ~ti-riting gi~~ing its reasons ~~~ithin 14 dati~s of receipt of the
invoice or the Client's objections ~~~ill be ~~ aived. and the invoice sh~ll conclusively- be deemed due <uid o~~-•ing. If the Client
objects to onl~~ a portion of the invoice. pa~~ment for all other portions remains due ~~~ithin 2~ dati-s of receipt.
(d) If the Consultant initiates legal proceedings to collect ~~ati~ment it ma~~ recover, in addition to all ~unounts due. its reasonable
attorne~%s' fees, reasonable elperts' fees. and other elpenses related to the proceedings. Such e~penses shall include the cost, at
the Consultant's nonilal hourlti~ billing rates, of the time de~-oted to such proceedings b~~ its emploti~ees.
(e) The Client agrees that the pa~-ment to the Consultant is not subject to any contingencti~ or condition. The Consultant may
negotiate pati-ment of any checlc tendered b~~ the Client, e~~en if the «ords '`in fiall satisfaction" or «Tords intended to ha~~e similar
effect appeac on the check ~~~ithout such negotiation being an accord and satisfaction of anv disputed debt and ~~~ithout
prejudicing any nght of the Consultant to collect additional amounts from the Client.
(~) Use of Documenty. All documents, including but not limited to dra~iings, specitications. reports. and data or programs
stored electronicall~~, prepared by- the Consultant are related elclusi~-e1~~ to the ser~•ices described in this A~eement, and may be
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Kimley-Horn Professional Services Agreement
used oi~1~ if the Client h ls satisfied all of its obligations under this Agreement. The~~ are not intended or represented to be
suitable for use, partial use or reuse by the Client or others on eltensions of this project or on an~~ other project Ane
moditications made b~ the Client to anv of the ConsultanY s documents, or an~~ use, partial use or reuse of the documents ~~~ithout
~~-ritten authorization or adaptation 6~- the Consultant ~~-•ill be at the Client's sole rislc and ~~~ithout liabilin- to the Consultant, and
the Client shall indemniiti-. defend ~~1d hold the Consultant harmless tiom all claims. damages, losses and elpenses. including
but not limited to attorneys' fees, resulting therefrom. The Consultant~s electronic files and source code de~~eloped in the
de~~elopment of application code remain the propern, of the Consultant and shall be pro~ ided to the Client only if elpressl~~
pro~•ided for ui this A~neement. An~~ electronic files not containing an electronic seal are pro~-ided only for the con~-enience of
the Client, and use of them is at the C1ienY s sole risk. In the case of any defects in the electronic tiles or any discrepancies
bet~~-een them and the hardcopti- of the documents prep~u ed bti- tlie Consultant, the hardcop~~ shall go~~ern. Because data stored in
electronic media format can deteriorate or be moditied ~ti~ithout the Consultant's authorization, the Client has GO davs to pei-~orm
acceptance tests, after «-hich it shall be deemed to have accepted the data.
(6) Opiniony of Cost. Because the Consultant does not control the cost of labor, materials, equipment or sei-~~ices fi~rnished by
others, methods of determining prices, or competiti~-e bidding or market conditions, an~~ opinions rendered as to costs, including
but not liinited to opinions as to the costs of conshliction and materials, shall be made on the basis of its elperience ~uid
represent its jud~nent as an e~perienced and qualitied professional, familiar «~ith the industry. The Consult~nt ca~mot and does
not guarantee that proposals, bids or actual costs ~~~ill not varS- trom its opinions of cost. If the Client ~~~ishes greater assur~ulce
as to the amount of any- cost, it shall emplov ~ui independent wst estimator. Consultant's services required to bring costs ~tiithin
an~-limitation established b~~ the Client ~~~ill be paid for as Additional Services.
(7) Termination. The obligation to pro~-ide fi~rther sei-~~ices under this Agreement may- be teniluiated b~~ either parn~ upon
seven da~-s' ~~~ritten notice in the e~-ent of substantial failure b~~ the other part~~ to pei-~orm in accordance ~~~ith the terms hereof
tluough no fault of the terminating party~, or upon thirn~ da~-ti' ~~Tritten notice for the con~~enience of the terminating parn~. If an~~
change occurs in the o~vnership of the Client, the Consultant shall have the right to immediatel~~ terminate this Atreement In
the event of any termination, the Consultant shall be paid for all sei-~~ices rendered and e~penses incurred to the eftective date of
termination, and other reasonable elpenses incurred b~- the Consultant as a result of such termination. If the Consultant's
compensation is a filed fee, the amount pay-able for sei-~°ices «-~ill be a proportional amount of the total fee based on the ratio of
the amount of the ser~Tices p~formed, as reasonably determined b~~ the Consultant to the total amount of services ~ihich ~~~ere to
ha~-e been pei-~oniled.
(8) Insurance. The Consultant carries Worlcers' Compens~tion insurance, professional liabilin~ insurance. and general liabilin~
insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant ~~-•ill talce out such
additional insurance, if obtainable, at the Client's elpense.
(9) Standard of Care. lii pei-~orming its professional ser~Tices, the Consultant ~tiill use that degree of care and slcill ordinarily
e~ercised, under similar circumstances, by reputable members of its profession in the same localin~ at the time the services are
pro~-ided. No ~~-arranty~, elpress or implied, is made or intended b~~ the Consultant's undertal~ing herein or its pei~ormance of
sei-~~ices, and it is agreed that the Consultant is not a fiduciai-~ ~~-ith respect to the Client.
(10) LIMITATION OF LIABII,ITY. lii recognition of the relative risl~s and benefits of the Project to the Client and the
Consultant, the rislcs ha~-e been allocated such that the Client agrees, to the fi~llest eltent of the la~~, and not~~~ithstanding any-
other pro~~isions of this Agreement or the elistence of applicable insurance coverage, that the total liabilin~. in the ag~egate, of
the Consultant and the Consultant's otticers, directars, employees, agents, and subconsultants to the Client or to anti-one claiming
b~-, tluough or under the Client, for an~~ and all claims, lo5ses. costs or damages ~~~hatsoe~•er arising out of, resulting tiom or in
an~ ~ti-ay related to the sei~~ices under this Agreement from any cause or causes, including but not limited to, the negligence.
professional en-ars or oinissions, strict liabilin- or breach of contract or anv ~~~arrann-. ell~ress or implied. of the Consultzuit or
the Consultant's ofticers. directors. emploeees, agents. and subconsultants, shall not elceed t~~~ice the total wmpensation
recei~red b~~ the Consultant under this Agreement or $~O.OUO. ~i~hiche~~er is greater. Higher limits of liabilin, ma~~ be negotiated
for additional fee. Under no circumstances shall the Consultant be liable for eltra costs or other consequences due to ch~uiged
conditions, or for costs related to the failure of contractors to perfonn ~~~ork ui accordance ~~°ith the plans and specitications.
This Section 10 is intended soleltiT to limit the remedies a~Tailable to the Client or those claiming b~~ or tluough the Client, and
nothing in this Section 10 shall require the Client to indemnifti~ the Consultant.
(11) Mutual Waiver of Consequential Damages. In no ei-ent shall either party~ be liable to the other for an~~ consequential,
incidental, puniti~~e, or indirect damages including but not limited to loss of income or loss of protits.
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Kimley-Horn Professional Services Agreement
(12) Certifications. The Consultant shall not be required to e~ecute certitications or third-party~ reliance letters that are
inaccurate, that relate to facts of ~vhich the Consultant does not have actual lcno~~~ledge, ar that ~~~ould cause the Consultant to
violate applicable niles of professional responsibility-.
(13 ) Dispute Resolution. All claims b~~ the Client arising out of this Agreement or its breach shall be submitted tirst to
mediation in accordance ~~~ith the Constrnction Industiti- Mediation Procedures of the American Arbitration Association as a
condition precedent to litigation. Any mediation or ci~-i1 action bj~ Client must be cominenced ~~-ithin one ~~ear of the accnaal of
the cause of action asserted but in no e~~ent later than allo«Ted b~~ applicable statutes.
(14) Hazardous Substances and Conditiony. In no ecent shall Consult~uit be a custodiau. transporter, handler, arranger.
contractor, or remediator «-~ith respect to hazardous substances and conditions. Consultant's ser~-ices ~~°ill be limited to
professional anal~-sis, recoininendations> and reporting, including, ~~~hen agreed to, plans and specitications for isolation,
remo~-a1, or remediation. The Consult~uit shall notify- the Client of hazardous substances or conditions not contemplated in the
scope of services of ~~~luch the Consultant actuallv becomes a~ti~are. Upon such notice b~~ the Consultant, the Consultant may
stop affected partions of its services until the haz~u dous substance or condition is eliminated.
(15) Construction Phaye Ser~-ices.
(a) If the Consultant's services include die preparation of documents to be used for conshl~ction and the Consultant is not
retained to malce periodic site ~~isits, the Client assumes all responsibilih~ for interpretation of the documents and for
constrnction obser~-ation, aud the Client ~~~ai~-es an~~ clauils against the Consultant in an~~ ~~~ay- coiuiected thereto.
(b) If the Consultant provides construction phase services. the Consultant shall ha~ e no responsibilin~ for anti~ contractor's
means. methods, techniques, equipment choice and usage. sequence, schedule, safen~ programs, or safety- practices, nor shall
Consultant have an~~ authorit~- ar responsibilifi to stop or direct the ~ti~arlc of an~~ contractor. The Consultant's ~~isits ~vill be for
the purpose of endea~~oring to provide the Client a greater degree of confidence that the colnpleted «-orlc of its contractors ~~~ill
generall~~ coiifonn to the construction documents prep~~-ed b~~ the Consultant. Consultant neither ~~zarantees the pei-~ormance of
contractors, nar assumes responsibility for any contractor's failure to perform its ~~-~orlc in accardance ~iTith the contract
documents.
(c) The Consultant is not responsible for anv duties assigned to the design professional in the constrnction contract that are not
e~pressl~~ provided for in this Agreement The Client a~ees that each contract ~~°ith an~- contractor shall state that the contractor
shall be solel~~ responsible for job site safen~ and for its means and methods: that the contractor shall indemnifi~ the Client and
the Consultant for all claims ~u1d liabilih~ arising out of job site accidents: and that the Client and the Consultant shall be made
additional insureds under the contractor's general liabilih- insurance policy.
(16) No Third-Part}- Beneficiaries; Assignment and Subcontrxcting. This Agreement gi~~es no rights or benetits to anyone
other than the Client and the Consultant, and all duties and responsibilities undertal~en pursuant to this Agreement ~~~ill be for
the sole benefit of the Client and the Consult~uit. The Client shall not assign or transfer an~~ rights under or interest in this
A~eement, or an~~ claim arising out of the performance of services b~~ Consultant, «~ithout the «-ritten consent of the Consultant.
The Consultant reserees the right to augment its ~taff ~~-ith subconsultants as it deems appropriate due to proje~;t logistics,
schedules, or marlcet conditions. If the Consultant e~ercises this nght, the Consultant ~tiill inaintain the a~eed-upon billing rates
for seivices identitied in the contract. regardless of ~~~hether the services are provided b~~ in-house emplo~~ees, contract
emplo~~ees, ar independent subconsultants.
(17) Confidentialit~~. The Client consents to the use and dissemination b~~ the Consultant of photographs of the project and to
the use by~ the Consultant of facts, data ~u1d information obtained bv the Consultant in the pei-~ormance of its sei-~~ices. If.
ho~ti~eeer. an~~ facts, d~ta ar information are specificall~~ identitied in ~~rriting b~- the Client as contidential. the Consultant shall
use reasonable care to inaintain the contidentialin- of that material.
(18 ) Miycellaneous Pro~~isions. This Agreement is to be go~~erned b~~ the la~~~ of the State of Telas. This Agreement contains
the entue and fi~11ti- integrated a~eement bet~~~een the p~~rties and supersedes all prior and contemporaneous negotiations,
representations. a~eements or understandings. ~ti~hether ~~%ritten or oral. Elcept as pro~ided in Section 1, this A~eement can be
supplemented or atnendecl onl~~ b~~ a«rritten document elecuted b~~ both parties. Pro~~ided, ho~~~e~~er. that anti~ conflicting or
additional terms on an~~ purchase order issued b~- the Client shall be ~~oid and are hereb~~ elpressl~~ rejected b~ the Consultant.
An~- pro~ ision in this Agreement that is unenforceable shall be ineffective to the e~tent of such unenforceability ~~-•ithout
in~-alidating the remaining provisions. The non-enforcement of an~- provision b~- either parn- shall not constitute a~~°aiver of that
provision nar shall it affect the enforceabilitt• of that pro~-ision or of the remainder of this Agreement.
xz~ os io ;
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number:
Version: 1
Requester: Engineering
Department
File Name: Update and
Attachments:
History of Legislative File
File Type: Pre Council Status: Draft
Agenda Date: 07/05/2011 Controlling Body: City Council
Agenda No.: PC-4 Final Action:
discussion on Phase One Construction of the SH26 (Colleyville Boulevard) Project
Version: Date: Acting Body: Action Text:
1 07/05/2011 City Council
Title
Update and discussion on Phase One Construction of the SH26 (Colleyville Boulevard)
Project
Explanation
The purpose of this item is to update the City Council on the status of the project including
bridge and trail designs as well as other project additions/alternates.
A detailed presentation will be given to the City Council at the July 5, 2011 meeting.
City of Colleyville Page 1 Printed on 7/1/2011
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: 07/05/2011 Controlling Body: City Council
Requester: Office of the City Agenda No.: PC-5 Final Action:
Secretary
File Name: Discussion of the July 5, 2011, City Council meeting regular agenda items
Attach ments:
History of Legislative File
Version: Date: Acting Body: Action Text:
1 07/05/2011 City Council
Title
Discussion of the July 5, 2011, City Council meeting regular agenda items
City of Colleyville Page 1 Printed on 7/1/2011
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: 07/05/2011
Requester: Office of the City Agenda No.: 1
Secretary
File Name: Executive Session - Legal - July 5, 2011
Attach ments:
History of Legislative File
Status: Executive Session
Controlling Body: City Council
Final Action:
Version: Date: Acting Body: Action Text:
1 07/05/2011 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 - 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 of pending litigation - Raman Chandler Properties v.
City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, lease, exchange or value of real
property - Mineral Rights
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real
property for City facilities
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 7/1/2011
RESOLUTION R-11-3375
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
J U LY 5, 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
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Announcements,
Proclamations and
Presentations
Version: 1 Agenda Date: 07/05/2011
Requester: Office of the City Agenda No.: 3
Secretary
File Name: Announcements, Proclamations and Presentations
Attachments: Proclamation in recognition of Parks and Recreation Month.pdf
History of Legislative File
Status: Announcements,
Proclamations and
Presentations
Controlling Body: City Council
Final Action:
Version: Date: Acting Body: Action Text:
1 07/05/2011 City Council
Title
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of National Parks and Recreation Month - Monica Walsh, Parks
and Recreation Director
City of Colleyville Page 1 Printed on 7/1/2011
~:~ Colleyville,
,
` Texas
WHEREAS: parks and recreation programs are an
~~ integral part of communities throughout this country, including the City of Colleyville;
and
~ WHEREAS, our parks and recreation programs are vitally important to establishing and
maintaining the quality of life in our communities, ensuring the health of all citizens,
and contributing to the economic and environmental well-being of a community and
region; and
WHEREAS, parks and recreation programs build healthy, active communities that aid in the
prevention of chronic disease, provide therapeutic recreation services for those who
are mentally or physically disabled, and also improve the mental and emotional
health of all citizens: and
WHEREAS, parks and recreation programs increase a community's economic prosperity through
increased property values, expansion of the local tax base, increased tourism, the
attraction and retention of businesses, and crime reduction; and
WHEREAS, parks and recreation areas are fundamental to the environmental well-being of our
community; and
WHEREAS, parks and natural,recreation areas improve water quality, protect groundwater,
prevent flooding, improve the quality of the air we breathe, provide vegetative buffers
to development and produce habitat for wildlife; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our
community and provide a place for children and adults to connect with nature and
recreate outdoors; and
WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation
Month and the City of Colleyville also recognizes the benefits derived from parks and
recreation resources.
NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on
behalf of the Colleyville City Council, do hereby proclaim the entire month of July as
PARKS AND RECREATION MONTH
and encourage all citizens to celebrate by participating in one of the many leisure
pursuits available in our City and recognize the vital contributions of employees and
volunteers in parks and recreation facilities.
IN WITNESS WHEREOF, I do hereby set my hand and se of the City~o Colle, vi e affixed this 5'"
day of July 2011. ~~~~ , ~Q~~ -
l
Mayor
~~~ - ~~
~ ~
~ ~~..,,
RESOLUTION R-11-3376
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR CITY
COUNCIL MEETING OF JULY 5, 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 a donation from the Colleyville Garden Club to replace the
flower bed border at the Colleyville Senior Center
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 CityHall
~~ ~00~.~~ 100 Main Street
~~~ Colleyville, Texas 76034
~ ~ Agenda Briefing 817. 503.1000
www.colleyville.com
File Number: File Type: Resolution Status: Consent Agenda
Version: 1 Agenda Date: 07/05/2011 Controlling Body: City Council
Requester: Parks and Recreation Agenda No.: 4a Final Action:
Department
File Name: Approval of a donation from the Colleyville Garden Club to replace the flower bed border at the
Colleyville Senior Center
Attachments: City of Colleyville Donation and Transfer of Title Form • City of Colleyville Donation Policy.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 07/05/2011 City Council
Title
Approval of a donation from the Colleyville Garden Club to replace the flower bed border at
the Colleyville Senior Center
Explanation
Reading and Public Hearing
The Colleyville Garden Club partners with the City to further the interests of horticulture ,
conservation, environmental protection and beautification in the community.
The success of the Colleyville Garden Club's 18th Promenade Garden Tour held on May 1,
2011, provides for the donation of $1,929.16, to fund the construction of a landscaped
flower bed border at the Colleyville Senior Center located at 2512 Glade Road. The new
mortared natural stone border will replace the existing pavestone stacked border at the front
and east side flower beds.
Financial Impact
It has been determined that there is no financial impact to the City.
Recommendation
Approval
City of Colleyville Page 1 Printed on 7/1/2011
C1TY O~ COL~EYVIL.L.E
l]ONATION AND TRANSFER O~ TITLE
IIWe COLLEYVILLE GAR.I)EN CLUB hereby give, assign, transfier, and set
o~er to the City of Coileyville alf of my r~ghts, title, ar~d interes# in the materials described below:
CGC will fund ($~,929.1.6} the constr~ctio~. o~ a~a~dscaping flor~verbed border at the Colleyville
S~nior Cez~te~r on Glade Road. This replaces the current fron~, and east sid~, flowerbed border.
The border is to be a~noartared, natural s~one border.
unds: $I,929.16
Stipula#ions (if any)rnone,
SpecificationslPlansJPhotoslAnnual cost to city: Attached None,
I have read and understand the ~onation Paiicy of the City of Colley~ille, and accept the provisions
af that policy.
Signature of Donor{s) ~ate ~ ~
Date
Address af Donor P,O. Box 1302
City Colleyville State TX ZIP 76034
F'hor~e Numbers: #e~e- 817.366.2232 Cell ~ffice n/a
RECEIVED by
Depar~me~t or Board
ay
Council Appro~al Date ResolutionlOrdinance Number
Date
ACCEPT~D for and in beha9f of the City of CoEley~ilEe
By Date
Mayor, City of Cnlley~ille
Accession Number
CITY OF COLLEYVILLE
DONATION POLICY
The City of Colleyville encourages donations to the City in support of its programs, services,
collections and facilities, for the enhancement of Colleyville. The purpose of this donation
policy is to provide a consistent and uniform policy for donation to the City of Colleyville; and to
provide the donor knowledge of the policies under which the donation is given and accepted.
All boards, commissions, committees, and City Council shall comply with this policy. All
departments and employees of the City of Colleyville remain subject to the City of Colleyville
Personne/ Policy and Procedures Manual, however employees and departments shall comply
with these policies.
In the event additional policies of the Colleyville Center, the Library, the Parks Department, or
any other City of Colleyville entity conflict with this City of Colleyville Donation Policy, this
policy shall take precedent and supersede the policies of those entities.
Donations from the Friends of the Library and the Library Foundation are exempt from this
policy. The Librarian will report donations to the City Council.
All donations shall be made to the City of Colleyville by use of the uniform City of Colleyville
Donation and Transfer of Title form. Specifications including plans, drawings, photographs, or
details pertinent to the donated item, including anticipated annual operating cost, shall be
attached as a part of the form. All spaces on the form shall be completed or noted if not
applicable.
Any special stipulations, including location and use of a donation, shall be established in the
Stipulation section of the Transfer of Title form. If no such stipulation is recorded on the form
or the addendum as a part of that section, the City shall have the right to use the donation as
determined by the City, free of encumbrances.
The City reserves the right to refuse a donation. The donor reserves the right to withdraw the
donation before formal acceptance by City Council.
In a multi-item donation, items may be accepted on an item-by-item basis.
Items donated for exhibit will be subject to a rotation of exhibit time in order to provide a variety
of exhibits, and to protect items adversely affected by exhibition. The City shall have the right
to determine times of exhibit. Proper preservation and care of donated item(s) shall be defined
under Stipulations if necessary.
The City of Colleyville shall not place a monetary value on a donated item; nor shall the City
issue a receipt or record a monetary value that has been determined by the donor.
Subsequent City insurance/accounting valuations necessary to meet standard city procedures
are separate and apart from the donation process.
When both the signature of the Donor and of the Mayor, representing the City Council's
approval, complete the Donation and Transfer of Title document, the donation becomes the
property of the City of Colleyville.
A copy of the completed Donation and Transfer of Title form shall be given to the Donor as the
donor's record of donation.
Donations of funds are welcome. The City shall expend those funds on materials, equipment
or projects acceptable to the donor if requested. Donated funds shall be deposited in donation
fund accounts when defined, and shall not be intermingled with the General Fund or donation
fund accounts of other departments, boards or committees.
Funds and services-in-kind provided to City of Colleyville sponsored events Celebrate
Colleyville and Colleyville Proud Clean Sweep shall comply with this policy in the form of a final
report.
Funds below $1,000 will be excluded from these policies.
Loans of items shall not be accepted by the City of Colleyville. Exceptions for special items or
events shall be evaluated by the City Council, and require approval by the City Council.
-''.~~~ a_ .. City Hall
~~LL~ 1 City of Colleyville 100 Main Street
~ ~ ~~~~ ~oo ::,~
~ Colleyville, Texas 76034
~ ~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number: 0-11-1798
File Number: 0-11-1798 File Type: Ordinance Status: Second Reading
Version: 1 Agenda Date: 07/05/2011 Controlling Body: City Council
Requester: Police Department Agenda No.: 5a Final Action:
File Name: Approval of the Colleyville Crime Control and Prevention District (CCCPD) Fiscal Year
2012 (FY 2012) budget
Attachments: FY 2012 Proposed CCCPD budget.pdf • Ordinance 0-11-1798.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 06/21/2011 City Council
1 07/05/2011 City Council
Title
Approval of the Fiscal Year 2012 (FY 2012) Colleyville Crime Control and Prevention District
(CCCPD) budget
Explanation
Second Reading and Public Hearing
There were no speakers regarding this item during the June 21, 2011 City Council meeting.
First Reading and Public Hearing
In accordance with the Local Government Code, the Colleyville Crime Control and
Prevention District (CCCPD) Board, which is comprised of the City Council, shall propose
an annual budget. The budget must contain a complete financial statement, including a
statement of outstanding obligations; the amount of cash on hand; the amount of money
received by the district during the previous year; the estimated amount of money available
to the district; the amount of money needed to fund approved programs; the amount of
money requested for programs that were not approved; the tax rate for the next fiscal year;
the amount of the balances expected at the end of the year in which the budget is being
prepared; and the estimated amount of revenues and balances available to cover the
proposed budget. The following FY 2012 CCCPD budget was presented to the CCCPD
Board of Directors for approval at the meeting on June 21, 2011.
The attached Colleyville Crime Control and Prevention District FY 2012 Budget Ordinance is
being presented to the City Council.
Financial Impact
The following information and attachments provide estimated fund balances and revenues,
City of Colleyville Page 1 Printed on 7/1/2011
Apenda Briefinp Continued (0-11-17981
as well as a detailed list of proposed expenditures.
Estimated Beginning Fund Balance for FY 2012 $ 846,681
Revenues
'/2 Cent Sales Tax $1,000,000
Interest Income $ 2,540
Use of Available Cash $ 279,846
TOTAL REVENUE $1,282,386
Expenditures:
Administrative Board/Audit Expenses $ 1,850
Police Records Management System Annual Contract $ 45,000
Regional Recruiting and Hiring Process (PACT Test) $ 2,000
TLETS Security Upgrade for NetMotion $ 2,000
Crime Reports Crime Mapping Software $ 1,200
Provides Colleyville citizens an internet-based
local crime information portal
NetMotion Wireless Maintenance Agreement $ 3,219
Security software for in-car computer system
Personnel
Four (4) Police Officer Positions $ 328,937
Metroport Teen Court $ 33,750
Capital:
Replacement - One (1) Patrol Vehicle and Equipment $ 39,500
Replacement - One (1) CID Vehicle $ 18,405
City of Colleyville Page 2 Printed on 7/1/2011
Apenda Briefinp Continued (0-11-17981
Replacement - Three (3) Hand-held Police Radios $ 12,000
Replacement - Three (3) In-Car Video Systems $ 21,180
Crime Prevention Bar Coding Equipment $ 1,900
Equipment for Women's Self Defense Program $ 7,500
License Plate Reader $ 22,650
Replacement - L3 In-Car Video Server $ 18,000
Debt Service:
2006 Series Refunding Debt $ 505,211
Transfers:
Capital Equipment Replacement Fund
In-Car Mobile Digital Computers $ 16,000
TOTAL EXPENDITURES - $1,080,302
*EXCESS REVENUES OVER EXPENDITURES - $ 202,084
ENDING FUND BALANCE - $ 768,919
Recommendation
Approval as this FY 2012 CCCPD budget has been approved by the CCCPD Board of
Directors.
City of Colleyville Page 3 Printed on 7/1/2011
COLLEYVILLE CRIME CONTROL DISTRICT
FY 2012 PROPOSED BUDGET
ADOPTED PROJECTED PROPOSED
FISCAL YEAR FY 2011 FY 2011 FY 2012
BEGINNING FUND BALANCE $736,876 $810,537 $846,681
REVENUES:
1/2 CENT SALES TAX REVENUE $944,350 $1,017,000 $1,000,000
INTEREST INCOME $4,790 $2,000 $2,540
USE OF AVAILABLE CASH $242,059 $165,437 $279,846
TOTAL REVENUES $1,191,199 $1,184,437 $1,282,386
EXPENDITURES:
ADMINISTRATIVE BOARD/AUDIT EXPENSES: $1,850 $1,850 $1,850
POLICE SOFTWARE ANNUAL MAINTENANCE CONTRACT $45,000 $45,000 $45,000
REGIONAL RECRUITING AND HIRING PROCESS (PACT TEST) $1,167 $1,167 $2,000
CRIME REPORTS CRIME MAPPING SOFTWARE $1,200 $1,188 $1,200
NETMOTION WIRELESS MAINTENANCE AGREEMENT $3,219 $2,719 $3,219
TLETS SECURITY UPGRADE FOR NETMOTION $0 $0 $2,000
IN-CAR VIDEO SOFTWARE ANNUAL MAINTENANCE CONTRACT $2,162 $2,162 $0
PERSONNEL:
POLICE OFFICERS:
4 OFFICERS $314,343 $314,343 $328,937
TEEN COURT $40,000 $33,750 $33,750
CAPITAL -
VEHICLES:
REPLACEMENT - PATROL VEHICLE AND EQUIPMENT $29,258 $29,258 $39,500
REPLACEMENT - CID VEHICLE $0 $0 $18,405
EQUIPMENT:
REPLACEMENT - HAND HELD RADIOS (3 IN FY 2012) $12,000 $12,000 $12,000
REPLACEMENT - THREE (3) IN-CAR VIDEO SYSTEMS $20,967 $20,967 $21,180
EQUIPMENT FOR CHILD ABDUCTION RESPONSE TEAM (CART) $1,000 $1,000 $0
CRIME PREVENTION BAR CODING EQUIPMENT $0 $0 $1,900
EQUIPMENT FOR WOMEN'S SELF-DEFENSE CLASSES $0 $0 $7,500
LICENSE PLATE READER $0 $0 $22,650
REPLACEMENT - L3 IN-CAR VIDEO SERVER $0 $0 $18,000
DEBT SERVICE:
2006 SERIES REFUNDING DEBT $503,952 $503,952 $505,211
TR.QNSFERS:
CAPITAL EQUIPMENT REPLACEMENT FUND -
IN-CAR MOBILE DIGITAL COMPUTER SYSTEM $13,500 $13,500 $16,000
TOTAL EXPENDITURES $989,618 $982,856 $1,080,302
EXCESS REVENUES OVER EXPENDITURES $201,581 ' $201,581 ` $202,084 "'
ENDING FUND BALANCE $696,398 $846,681 $768,919
` MUST HAVE A 1.4 TIMES COVERAGE RATIO ($201,581) FOR DEBT SERVICE PAYMENT IN FY 2011
" MUST HAVE A 1.4 TIMES COVERAGE RATIO ($202,084) FOR DEBT SERVICE PAYMENT IN FY 2012
ORDINANCE 0-11-1798
AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2012 FOR
THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012, A
COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO
BECOME EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL
WHEREAS, the laws of the State of Texas require the Board of Directors of the
Colleyville Crime Control and Prevention District to adopt a budget of
projected revenues and proposed expenditures, cash on hand at the start
of the year, the amount of money received during the prior year, the tax
rate and the projected ending fund balance; and
WHEREAS, on June 21, 2011, the Board of Directors of the Colleyville Crime Control
and Prevention District approved the following budget; 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 the budget for the fiscal year beginning October 1, 2011 and ending
September 30, 2012 for the Colleyville Crime Control and Prevention
District, a copy of which is on file in the Office of the City Secretary, is
hereby made a part of this Ordinance by reference and is hereby
approved and adopted by the City Council of the City of Colleyville, Texas,
as the official budget for the fiscal year beginning October 1, 2011 and
ending September 30, 2012 and that the city manager is authorized to
execute all contracts and agreements approved as a part of the budget.
Sec. 3. THAT the budget of the fiscal year beginning October 1, 2011, and ending
September 30, 2012, for the Colleyville Crime Control and Prevention
District with a sales and use tax rate of .5%, is hereby fixed as follows:
Ordinance 0-11-1798
Page 2 of 2
Projected Revenue Received
in Fiscal Year 2011 $ 1,184,437
Projected Cash on Hand
as of October 1, 2011 $ 846,681
Revenues $ 1,282,386
Expenditures $ 1,080,302
Ending Fund Balance
at September 30, 2012 $ 768,919
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2011.
The second reading and public hearing being conducted on the day of _
2011.
ATTEST: CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
David Kelly
Mayor
Matthew C. G. Boyle
City Attorney
File Number: R-11-3377
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: R-11-3377
File Type: Resolution
Status: Resolution
Version: 1
Requester: Office of the City
Manager
Agenda Date: 07/05/2011
Agenda No.: 6a
Controlling Body: City Council
Final Action:
File Name: Approval of a resolution to amend a mineral gas lease agreement with Titan Operating, LLC.
Attachments: Resolution R-11-3377.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 07/05/2011 City Council
Title
Approval of a resolution to amend a mineral gas lease agreement with Titan Operating ,
LLC.
Explanation
Reading and Public Hearing
In August 2008, the City requested proposals from four major gas mineral drilling
companies regarding leasing of subsurface minerals for approximately 280 acres of City
owned property. On October 21, 2008, the City Council approved Resolution R-08-3021
authorizing the City to enter into a lease agreement with Titan Operating, LLC., for
subsurface mineral rights. The components of the lease included a mineral lease of
$25,000 per acre and 25.5% royalty payment on approximately 258.1804 acres as well as a
onetime payment of $200,000 for City beautification or potential park improvements.
Since that time, Titan Operating, LLC., has notified the City that approximately 27.8682
acres were inadvertently excluded from the lease. Titan is requesting that the City amend
the legal description in the existing lease to include three additional tracts (described as
tracts 44, 45, and 46 in the attached amendment) pursuant to and consistent with the
existing terms of the lease. In addition, Titan has identified an additional tract of land that
was not originally included in the City's proposal documents (described as tract 47 in the
attached amendment) and has requested to further amend the legal description to include
this additional tract of land that is approximately 1.344 acres at the rate of $4,000 per acre
and 25.5% royalty. This amendment will bring the total acreage to approximately 287.3926
acres of City owned property leased.
Financial Impact
This amendment will require Titan to pay the City approximately $702,081, which staff
City of Colleyville Page 1 Printed on 7/1/2011
Aaenda Briefinp Continued (R-11-33771
recommends be deposited into the Colleyville Tomorrow Fund for use at a future date as
determined by the City Council.
Recommendation
Approval
City of Colleyville Page 2 Printed on 7/1/2011
RESOLUTION R-11-3377
A RESOLUTION AMENDING THE MINERAL GAS LEASE AGREEMENT WITH
TITAN OPERATING, LLC.
WHEREAS, the City of Colleyville entered into an Oil, Gas and Mineral Lease with
Titan Operating, LLC. on November 20, 2008; and
WHEREAS, Titan Operating, LLC. has notified the City that approximately 27.8682
acres were inadvertently excluded from the lease; and
WHEREAS, Titan Operating, LLC. and the City wish to add an additional parcel, Tract
47, (1.344 acres) to the Lease; and
WHEREAS, all requirements for the adoption of this Resolution have been met,
including, but not limited to, the Open Meetings Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the City of Colleyville hereby approves the Amendment of Oil, Gas
and Mineral Lease as attached as Exhibit "A".
AND IT IS SO RESOLVED.
APPROVED BY
ABSTENTIONS
2011.
A VOTE OF
ON THIS THE
AYES, NAYS AND
DAY OF
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
Exhibit "A"
AMENDMENT OF OIL, GAS AND MINERAL LEASE
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, a certain Oil, Gas and Mineral Lease «as eiecuted b~- The Cit~- of Colle~ville as Lessor and Titan
Operating, LLC, as Lessee, recorded Document Number D208~51922, of the Public Records of Tarrant County,
Teias (the ``Lease").
WHEREAS, Tracts 44, 45, and 46 were inadvertently excluded from the Lease, and it was the intention of
Lessor and Lessee to include those Tracts in the Lease.
WHEREAS, it is the desire of the parties hereto to a~nend the legal description to include tracts ~4, 45, and ~6
pursuant to and consistent ~~ith the e~istinb teims of the Lease.
WHEREAS, it is the desire of the pai-ties hereto to ainend the legal description to include one additional tract of
land_ Tract ~7.
WHEREAS, the Tract ~7 bonus «~ill be paid at the rate of $~,000 per acre.
WHEREAS, all bonuses paid hereunder shall be paid ~vithi~i one ~veelc of the eiecution of this Ainendinent
NOW THEREFORE, the undersigned, in consideration of the suin of Ten Dollars ($10.00) cash in hand paid a~id
other good and valuable consider~tion, the receipt ~nd sufficienc~- of «hich is hereb~- ~cl~io~~-ledged, do herebv
agree as follo~~s:
The legal description referenced in Paragraph 1 a~id described on E~hibit A of said lease shall be a~nended to add
the follo~~~ing tracts of land. as described belo~v:
Tract 44
BEING all that certain lot, tract or parcel of land being out of the WILLIAM DL]NN SURVEY, ABSTRACT NO.
404, Volume ~L and the JOSEPH WHITE SURVEY, ABSTRACT NO. 1692, Tarrant Countti-, Teias, and
described b~- inetes and botmds as follo«s:
BEGINNING at an iron pin for corner in the center of Coi~nt~- Road No. 3016 (no~~- called Pleasant Ri~n Road),
being 360.6 feet South 08 degrees 16 minutes West ~nd L784.86 feet (incorrectl~T stated as 18~.86 feet on deed
conveying property to Bransford Park Land Trust) South 00 degrees 53 ininutes East froin the North«-est corner of
said Dtu~n Suivev;
THENCE South 00 degrees 53 ininutes East, along the center of said road, 11~.62 feet to a~i iron pin for corner;
THENCE South 43 degrees 23 ininutes East, ~46.0 feet to a~i iron pui for corner;
THENCE South 11 degrees 34 ininutes East, 78~.0 feet to ~n iron pui for coiner:
THENCE South 56 degrees 11 minutes East, 23.6 feet to an iron pin for corner in the North line of the St. Louis &
South~vestern Railroad R.O.W:
THENCE North 47 degrees 00 ininutes East, along the North luie of said Railroad R.O.W., 1,275.~ feet to an iron
pin for coiner:
THENCE North 00 degrees 27 minutes West, 430.18 feet to an iron pin for corner;
THENCE South 89 degrees 45 ininutes West. 1,483.21 feet to the POINT OF BEGINNING, containing 24.994
acres, inore or less;
Auiendmeut of Oil, Gas and Mineral Lease
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SAVE AND EXCEPT 2.772 acres of land, more or less. being all that certain tract or parcel of land in the Cit~r of
Colle~ville, Teias situated in the JOSEPH WHITE SURVEY, ABSTRACT NO. 1692, Tarraiit Count~-, Teias, and
being a pai-t of that saine tract of land conve~ ed to Bobb~T D. Bollinger and «-ife, Dana L. Bollinger froin Steven
Cordas, et al, b~- deed dated Ma~- 19, 1982, and recorded in Voluine 7302. Page 181~, Deed Records of Tarrant
Count~-, Teias, and being described b~~ metes and bounds as follo« s:
BEGINNING at an iron pin in the North~vest right-of-«~av line of the St. Louis and South~vestern Rail~oacl
Coinpan~- tract, said point being South 48 degrees 10 ininutes 40 seconds West, 947.54 feet froin the Northeast
coiner of the above inentioned Bollinger tract;
THENCE South 48 degrees 10 minutes 40 seconds West along said railroad right-of-wa~~ 30~.70 feet to an iron pui
for corner in the centerline of Pleasant Run Road;
THENCE along the centerline of Pleasant Run Road the follo~ving courses ~nd dist~nces;
NORTH 21 degrees 45 minutes 22 seconds West, 121.64 feet;
NORTH 14 degrees 08 ininutes 51 seconds West, 164.07 feet;
NORTH 09 degrees ~3 ininutes 57 seconds West, 209.10 feet to a point for corner;
THENCE North 79 degrees 08 minutes 50 seconds East, leaving said road, 291.07 feet to an iron in for coiner;
THENCE South 10 degrees 51 ininutes 10 seconds E~st, 33~.00 feet to the PLACE OF BEGINNING and
containing 120,761 square feet or 2.772 acres of land, more or less,
containing in all 22222 acres, more or less
Tract 45
BEING a portion of those certani tracts of land situated i~i tlie T. J. POULSON SURVEY, ABSTRACT NO. 1248,
Tarrant Count~-, Teias, as described b~- deed to Bro~tin Trail North Joint Venture and recorded in Voluine 7631,
Page 1758 and Volume 7667, Page 807, Deed Records, Tarrant Countv, Teias, and being inore particularl~--
described b~-~ inetes and bounds as follo~~ s:
COMMENCING at a'/~ inch iron rod «~ith cap stainped "HORIZON SURVEY CO." found at the point «~here the
northeasternl~- right-of-«a~-line of Bro«n Trail (an 80 foot right-of-~~a~~) intersects the southeasterl~~ right-of-«av
line of State High~~-a~- No. 26 (Colle~ville Bol~levard) (a 100 foot right-of-~va~- at this point):
THENCE North ~6 de~rees 02 minutes O1 seconds East, 2~9.11 feet ~~-ith said southeasterl~- right-of-~va~T line to a
'/z inch iron rod ~~-ith cap stainped ``HORIZON SURVEY CO." * set;
THENCE North 57 degrees O1 ininutes ~2 seconds East, 102.38 feet ~vith said southeasterl~~ right-of-«a~-line to a
3/4 inch iron rod found;
THENCE North 46 degrees 02 minutes O1 seconds East. 19.18 feet ~~-ith said southeasterl~- right-of-~~~a~- line to a'/z
inch iron rod ~vith cap stainped "HORIZON SURVEY CO." * set for the POINT OF BEGINNING;
THENCE North 46 degrees 02 minutes O1 seconds East, 180.82 feet ~vith said southeasterl~- right-of-~~a~-line to a
'/z inch iron rod «-ith cap stainped "HORIZON SURVEY CO." * set;
THENCE North 40 degrees 19 ininutes 14 seconds East, 83.02 feet «ith southeasterl~- right-of-~~av line to a'/~ inch
iron rod ~tiith cap stamped "HORIZON SURVEY CO." * set for the north~~est corner of said tract of land recorded
in Volume 7631, Page 17~8 a~1d the south«est corner of a tract of land described b~- deeds to G. A. Day as recorded
in Volume 4931, Page 50 of said records;
THENCE South 44 degrees 07 ininutes 59 seconds East, 142.91 feet (South 4~ degrees 32 minutes East deed) «ith
a northerl~-line of said tract of land, recorded in Voluine 7631, Page 1758 and a southerl~-line of said G. A. Da~-
tract to a'/z inch rod found;
THENCE South 56 degrees 20 ininutes 12 seconds East, 123.8~ feet (South ~6 degrees 24 ininutes 31 seconds East
deed) ~~ ith a northerl~-line of said tract of land recorded in Voluine 7631, Page 1758 and a southerl~-line of said G.
A. D~v tract to a'/z inch iron rod fouiid for coi7ler in ~n easterl~T line of said T. J. Poulson Surve~T;
THENCE South O1 degrees 29 ininutes 43 seconds West, (South O1 degrees 08 ininutes 45 seconds West deed)
~~ith said suivev line and an easterl~-line of said tract of land recorded i~i Voluine 7631, Page 1758 and a«~esterl~T
tract of land described b~ deed to Chandler/Cantrell Properties, Inc. as recorded in Volume 9828, Page 40 of said
records a~id a~vesterl~- line of Saddlebrook Addition, an Addition to the Cit~- of Colle~~ille as recorded in Plat
Voluine 388-177, P~~e 1, Pl~t Records, Tarrant Countv. Teias at 10~.79 feet pass a'/z inch iron rod found for a
south~vesterl~- corner of said tract of land recorded in Voluine 763 L Page 17~ 8 and the northeast corner of said tract
Auiendmeut of Oil, Gas and Mineral Lease
Page 3 of >
of land recorded in Volume 7667, Page 807 continuing ~vith the east line of said tract of land recorded in Volume
7667, Page 807 and a«est line of said Saddlebroolt Addition, ui all, a distance of 239.79 feet to a'/z inch iron rod
«°ith a cap stainped ``HORIZON SURVEY CO." * set;
THENCE North 58 degrees 38 minutes 23 seconds West, 225.51 feet to a'/z inch iron rod ~vith cap stainped
``HORIZON SURVEY CO." * set:
THENCE North 61 degrees 00 ininutes 13 seconds West, 214.91 feet to the POINT OF BEGINNING and
containing 1.778 acres of land, more or less
SAVE AND EXCEPT 0235 acres of land, more or less, situated in the T. J. POULSON SURVEY. ABSTRACT
NO. 1248, Tarrant Countv, Teias, and being that saine tract of land conve~-ed to the State of Teias froin the
Bransford Park Land Trust, b~- deed dated August 7, 2007, and recorded in Docuinent No. D207387683, Deed
Records of Tarrant Count~-, Teias, and being out of that parcel of land conve~-ed b~- Sandlin Properties, Inc. to
Bransford Parlc Land Tiust, b~- deed dated Julv 22, 1996 and recorded in Voluine 12~~8, P~ge 17~6, of the Deed
Records, Tai7ant Count~-, Teias. and inore particularly~ described by~ inetes and bounds as follo~z s:
BEGINNING at a ~/8 inch smooth u~on rod ~~ith a~i aluminum cap stainped "T~D.O.T." 'k set at the intersection of
the proposed soi~theasterl~, right-of-~tia~-line of State High~va~- 26 and the south~tiesterl~-line of said Bransford Park
tract. salne being the northeasterl~-line of Lot 3, Bloclc 1 of Bro~vn Trail West AddiUon, as recorded in plat Cabinet
A, Slide 1868, of the Plat Records, Tai-rant Countti-, Teias. said iron rod being Nortli 62 degrees 18 minutes OS
seconds West, a distance of 189.10 feet fiom a'/~ inch iron rod found in an angle point ui said Bransford Parlc
south~~esterl~ line, same being the east corner of said Bro~~n Trail West Lot 3, said beginning iron rod being 8L54
feet soi~theast of and at right angles to the proposed centerline surve~- station 115+66.34 of said State High~va~- 26;
THENCE North 62 degrees 18 minutes 0~ seconds West, along said cominon line a distance of 26.09 feet to the
~vest corner of said Bransford Parlc tract, saine being the north corner of said Bro~~n Trail West Lot 3 and being in
the e~isting southeasterlv right-of-~va~-line of said State High«~a~~;
THENCE North 44 degrees 44 ininutes 09 seconds East, along said e~isting right-of-~iati-line. a distance of 180.82
feet to an angle point;
THENCE North 39 degrees 47 minutes 16 seconds East, continuing along said eiistulg right-of-«a~~ line, a
distance of 8629 feet to the north corner of said Bransford tract. sasne being the ~~-est coi7ier of Grapevine-
Colle~~ville, I.S. D. tract as recorded in Voluine 106~L Page 22~2. of said deed records;
THENCE South 45 degrees 21 ininutes 21 seconds East, along the northeasterly~ line of said Bransford tract, saine
being the sotrth«esterl~~ line of said Grapevuie-Colle~-ville tract, a distance of ~0.82 feet to ~/8 inch smooth iron rod
«°ith an aluminum cap stainped "TiD.O.T." * set at the intersection of said proposed right-of-~va~ line of said State
Hibh~~ a~ ;
THENCE South 4~ degrees ~3 ininutes 4~ seconds West, along said proposed ri~ht-of-~va~- line. a distance of
103.0~ feet to a 5/8 inch sinooth iron rod «ith an aluminuin cap stainped ``TiD.O.T." * set;
THENCE South 51 degrees 28 ini~iutes 16 seconds West, continuing along said proposed right-of-~va~~ line a
distance of 15726 feet to the POINT OF BEGINNING containing 0.235 acres, more or less
Containing in all 1.~43 acres. more or less.
Tract 46
BEING Lot 3, Bloclc 1, Brauin's/Inland Addition, an Addition to the Cit~- of Colle~ville, Tarrant Countv, Teias,
according to the plat tliereof recorded in Cabinet A, Slide 11~7, Plat Records, Tarrant Count~-, Teias. said Lot 3
being 4.3262 acres, inore or less;
SAVE AND EXCEPT 6,955 square feet or 0.160 acres of land, inore or less, being a part of Lot 3, Block 1,
Brauin's/Inland Addition, an Addition to the Cit~- of Colle~-ville, Tarrant Count~-, Teias, according to the plat
thereof recorded in Cabinet A, Slide 11~7. Plat Records, Tarrant Countv, Teias, and being that saine tract of land
convey-ed to the City~ of Colle~-ville froin the Bransford Land Trust, by~ deed dated September 21, 2004. and
recorded in Document No. D2043~4194, Deed Records of Tarras~t Count~-. Teias, and being more particula~l~T
described bvinetes and bounds as follo«s:
BEGINNING at a 1 inch iron rod found in the ~vest line of Lot 1, Block 1 of said Brauin's/Inland Addition and
being 74.09 feet North OS degrees 0~ ininutes 50 seconds East of the south«~est coi7ler of Lot 1;
THENCE North 44 degrees ~3 minutes West, a distance of 31.00 feet to a point for comer;
Auiendmeut of Oil, Gas and Mineral Lease
P~ge ~ of >
THENCE North 45 degrees 07 minutes East, a distance of 224.36 feet to a point for coi7ier;
THENCE South 44 degrees ~3 minutes East, a distance of 31.00 feet to a 1 inch iron rod found for corner, said
point being the north coiner of said Lot 1;
THENCE South 4~ degrees 07 minutes West, along the north~vest line of said Lot 1 a distance of 224.36 feet to the
PLACE OF BEGINNING and containing 6,9~~ square feet or 0.160 acres, inore or less;
FURTHER SAVE AND EXCEPT 2.725 square feet or 0.063 acres of land, more or less. being a part of Lot 3,
Bloclt 1, Brauin's/I~iland Addition, an Addition to tlie Cit~- of Colle~ville, Tarrant County, Teias, according to the
plat thereof recorded in Cabinet A, Slide 11~7. Plat Records, Tairant County~, Te~as, and being that same tract of
land conve~-ed to the State of Teias fi-oin the Bransford Pa~ldas~d Trust, b~T deed dated August 7, 2007, and
recorded in Document No. D20738768~, Deed Records of Tarrant Count~-, Teias, and being inore particularl~~
described b~- metes and bounds as follows:
BEGINNING at a ~/8 inch iron rod fotuld ~vith ~ plastic c~p stainped "DCA" at the intersection of the proposed
north«esterly~ right-of-~va~- line of State High~va~- 26 and the eiisting north~~-esterl~- right-of-«ati- line of State
High~va~- 26, same being the inost easterl~- southeast corner of said Lot 3, also beu~g the inost easterl~- corner of Lot
2 of said Block 1, being South 4~ degrees 07 ininutes 32 seconds East, a distance of 14L86 feet froin a'/~ inch iron
rod found at an angle point to said Lot 3. said beginiung iron rod also being 73.45 feet north~vesterl~~ of and at right
angles to centerli~ie suivev station 115+20.03 of said State High~va~~ 26;
THENCE North 38 degrees 49 ininutes 22 seconds East. along said proposed iight-of-~~a~- line, a distance of
160.82 feet to a 5/8 inch sinooth iron rod «ith a~i aluininuin cap stainped "TiD.O.T." set*;
THENCE North 4~ degrees ~3 ininutes 4~ seconds East, continuing along said proposed right-of-~va~, a distance
of 78.88 feet to a 5/8 inch sinooth iron rod ~vith an aluininum cap stainped "TiD.O.T." set on the northerl~-line of
said Lot 3, sa~ne being the southerl~~ line of the certain tract of land conve~-ed to E. B. Brister, bv deed recorded in
Voluine 9~17, Page 1887 of said deed records;
THENCE South 82 degrees 09 minutes 02 seconds East, continui~ig ~~ith said cominon line, a distance of 20.62
feet to the inost northerl~- corner of Lot 3. saine being in said eiisting north«-esterlti- right-of-«ra~-;
THENCE South 44 degrees 42 ininutes 58 seconds West, along said eiisti~ig ri~ht-of-~~~a~ line, a distas~ce of
2~ 122 feet to the POINT OF BEGINNING, containing 2,72~ square feet or 0.063 acres, inore or less;
Containing in al14.1032 acres, inore or less.
Tract 47
1.344 acres b~- resuivev, inore or less, being Bloclc I. Shali~nar Addition, an addition to the Cit~T of Colle~ville,
Tarra~it Count~r, Teias, according to the Plat thereof, recorded in Cabinet A, Slide 3974, Plat Records, Tarrant
Count~-, Te~as.
Containing in a11287.3926 acres more or less.
For the saine consideration recited above, Lessor does hereby~ consent to, ratifi-, adopt, and confirm all of
the terins and provisions of the Lease, as amended herein, and does hereb~- grant, lease, deinise, and let to Lessee,
its successors and assigns, the lands covered b~- said lease, as ainended herein. upon and sl~bject to all of the tenns
and provisions set out in the Lease, as ainended hereby. All other provisions of the Lease not amended herein shall
remain in force and effect as ~~-ritten. The undersigned hereb~r fiuther declares that the Lease. as ainended, in all its
tei7ns and provisions, is and reinains a valid as~d subsistuig Oil, Gas, and Mineral Lease, and declares that the Lease
is binding upon the Lessor and Lessor's successors and assigns.
EXECUTED tlus day of , 201 l.
Auiendmeut of Oil, Gas and Mineral Lease
Page ~ of >
LESSOR:
CITY OF COLLEYVILLE ATTEST:
By
Title:
By:
Title:
APPROVED AS TO FORM AND LEGALITY:
By
Title:
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this day of , 2011 by
, of the City of Colleyville, and lalown to me
to be the person whose name is subscribed to the foregoing instrument, and aclcnowledged to ine that he
executed the same for the purpose and consideration therein expressed and in the capacity therein stated.
Notary Public, State of Texas
RESOLUTION R-11-3378
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
J U LY 5, 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