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HomeMy WebLinkAboutCity Council-Agenda Packets-7/5/2011~,'~'~£~~~~ :~~~~~ ~;._,_.`. ~~ 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: (&#7)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 ~ ~~ ~~ ~ .. Texas A&M University http://recenter.tamu.edu 211 S TAMU 979-f345-2031 College Station, TX 77843-211 S Directop Gary W. Maler; Chief Economist, Dr. Mark G. Dotzour; Communications Director, David S. Jones; Associate Editor, Nancy McQuistion; Associate Editor, Bryan Pope; Assistant Editor, Kammy Baumann; Art Director, Robert P. Beals II; Graphic Designer, JP Beato III; Graphics Assistant, Whitney Martin; Circulation Manager, Mark Baumann; Typography, Real Estate Center. Advisory Committee David E. Da(zell, Abilene, chairman; D. Marc McDougal, Lubbock, vice chairman; James Michael Boycl, Houston; Catarina Gonzales Cron, Houston; Tom H. Gann, Lufkin; )acqu~lyn K. f~iawkins, Austin; 13arl~ara A. Russ~ll, Denton; Douglas A. Schwartz, EI Paso; Ronald C. Wakerield, San Antonio; ancl )ohn f). Fd<strum, Conroe, cx-ofticio representing the Texas Real Fstate Commission. Tierra Grande (ISSN 1070-0234) is published quarterly by the Real Estate Center atTexas A&M University, College Station, Texas 77843-2115. Subscriptions are free to Texas real estate licensees. Other subscribers, $20 per yeac Views expressed are those of the authors and do not imply endorsement by the Real Estate Center, Mays 6usiness School orTexas A&M University. TheTexas A&M University System serves people of all ages, regardless of socioeconomic level, race, color, sex, religion, disability or national origin. 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 Rz~ 08~10 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. Rzc 08 `10 2 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 Page 2 of > 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