HomeMy WebLinkAboutCity Council-Agenda Packets-11/7/2001
city of
Texas
AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
November 7,2001
6:45 P.M. - CALL TO ORDER
ROLL CALL
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.072 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Sec. 551.071 -
7:30 P.M. - RESUME REGULAR MEETING
INVOCATION: Reverend Carter Foster, Colleyville Christian Fellowship Church
PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
PROCLAMATION - Local Boy Scout Troops
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1858 Consent Items:
a. Approval of minutes of the regular City Council meeting of October 16,
2001
b. Approval of a bid award for Health and Dental Insurance to Blue Cross
Blue Shield, Life and Accidental Death and Dismemberment Insurance to
Metropolitan Life, and Long Term Disability Insurance to Jefferson Pilot
c. Approval of a Preliminary Plat of Emily's Place Addition requested by
JDJR Engineers & Consultants, Inc., 5.7509 acres located on the north
side of Glade Road at 2716 and 2800 Glade Road, Case P-01-032
d. Approval of renewal of lease agreements with Mobile Modular
Management Corporation, in the amount of $19,935, and GE Capital
Modular Space, in the amounts of $18,240 and $24,138, for modular
buildings
e. Approval of FY 2002 Agency Agreements including Tarrant County
Challenge, Inc., Colleyville Heritage High School (CHHS) Project
Graduation, Grapevine High School (GHS) Project Graduation, Keller High
School (KHS) Project Graduation, Alliance for Children, Colleyville Area
Chamber of Commerce, Metroport Meals on Wheels (MMOW), Arts
Council of Northeast Tarrant County, Women's Haven, Grapevine Relief
and Community Exchange (GRACE), Women's Shelter, Transportation
Excellence for the 21st Century (TEX-21) and Colleyville Proud
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1310 -
Approval of an amendment to Chapter 18 of the Colleyville Code of Ordinances
regarding the adoption of the 2000 Edition of the International Plumbing Code
and the 2000 Edition of the International Fuel Gas Code with the local
amendments recommended by the Regional Codes Committee of the North
Central Texas Council of Governments, Case G-01-017
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1311 -
Approval to amend the 1991 Uniform Building Code by limiting the type of roof
materials to be used on new residential and commercial construction to a Class
"C" rated roofing material, or better, excluding any type of wood shingle roofing
material
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1312- Removal of
the Special Use Permit, authorized by 0-01-1276, for a laundry/dry cleaning
plant on Lot 2, Block 1. C-D Subdivision, located at 6516 Colleyville Boulevard,
requested by the City of Colleyville, Case Z-01-025
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1313 - Amending
Ordinance 0-92-880 Setting Fees and Charges for City services and facilities
8. READING AND PUBLIC HEARING - Resolution R-01-1859 - Approval of
engineering design services with Dannenbaum Engineering Corporation, for the
2002 Water System Master Plan Update, in the amount of $88,000
9. READING AND PUBLIC HEARING - Resolution R-01-1860 - Consideration of
appointment to the Metroport Teen Court Advisory Board
REPORTS
10. PLANNING AND ZONING COMMISSION MINUTES - October 8, 2001
TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - October 9,2001
11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 7,2001 -
Reading and Public Hearing - Resolution R-01-1861
ADJOURNMENT:
13. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, November 2,
2001, at 4:30 p.m.
rc>'JL~
Cynthia Singleton, TRMC
City Secretary
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.577.7575, and reasonable accommodations will be made to assist you.
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CITY COUNCIL 1"",'0$ AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item #:
1
Ordinance # :
N/A
Previous Action: None
DEPT. :
CITY COUNCIL
SUBJECT:
Executive Session - In accordance with Texas
Government Code Chapter 551, Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Sec. 551.072 -
~Q
CITY MANAGER .
/!t:/T~~
FINANCIAL REVIEW (IF NECESSARY)
CilYOr
CCen@
CITY COUNCIL 1"","$ AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item #:
2
Ordinance # :
N/A
Previous Action: None
DEPT. :
CITY COUNCIL
SUBJECT:
CORRESPONDENCE, MISCELLANEOUS
REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS, OR
PRESENTATIONS
PROCLAMATION - Local Boy Scout Troops
CITY~R-
D~
FINANCIAL REVIEW (IF NECESSARY)
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roclamation
CITY OF
Colleyville,
Texas
WHEREAS: the Boy Scouts of America mold our young
men into leaders of tomorrow; and
WHEREAS, Boy Scouts are required to attend a governmental meeting, discuss
Constitutional rights and obligations with a public leader, and review a
public budget in order to receive the First Class Rank and/or the
Citizenship in the Community Merit Badge; and
WHEREAS, Local Boy Scouts of America Troops are here in attendance to fulfill
t, those requirements.
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NOW, THEREFORE, I, DONNAARP, MAYOR OF THE CITY OF COLLEYVILLE,
TEXAS, on behalf of the City Council and citizens of colleyville,
congratulate and commend the Local Boy Scouts of America Troops
for this achievement and encourage them to use the leadership skills
they have learned and demonstrated to the betterment of mankind,
IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of
colleyville, Texas, affixed this 7th day of November 2001.
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RESOLUTION R-01-1858
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF NOVEMBER 7, 2001
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.
THAT the minutes of the regular City Council meeting of October 16, 2001,
are hereby approved.
b.
THAT the bid award for Health and Dental Insurance to Blue Cross Blue
Shield, Life and Accidental Death and Dismemberment Insurance to
Metropolitan Life, and Long Term Disability Insurance to Jefferson Pilot, is
hereby approved.
c.
THAT the Preliminary Plat of Emily's Place Addition requested by JDJR
Engineers & Consultants, Inc., 5.7509 acres located on the north side of
Glade Road at 2716 and 2800 Glade Road, is hereby approved.
d.
THAT the renewal of lease agreements with Mobile Modular Management
Corporation, in the amount of $19,935, and GE Capital Modular Space, in
the amounts of $18,240 and $24,138, for modular buildings, are hereby
approved.
e.
THAT the FY 2002 Agency Agreements including Tarrant County
Challenge, Inc., Colleyville Heritage High School (CHHS) Project
Graduation, Grapevine High School (GHS) Project Graduation, Keller High
School (KHS) Project Graduation, Alliance for Children, Colleyville Area
Chamber of Commerce, Metroport Meals on Wheels (MMOW), Arts Council
of Northeast Tarrant County, Women's Haven, Grapevine Relief and
Community Exchange (GRACE), Women's Shelter, Transportation
Excellence for the 21st Century (TEX-21) and Colleyville Proud are hereby
approved.
AND IT IS SO RESOLVED.
APPROVED THIS
OF AYES,
ATTEST:
Cynthia Singleton, TRMC
City Secretary
DAY OF
NAYS, AND
Agenda Briefing
Resolution R-O 1-1858
Page 2 of 2
, 2001, BY A VOTE
ABSTENTIONS.
CITY OF COLLEYVILLE
Donna Arp
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
OCTOBER 16, 2001
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on October 16, 2001,6:48 p.m.
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice, and Dana Feldman, John
Orrell and Mayor Pro Tern Ginny Tigue were present. Mayor
Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne
McWethy, Interim Public Services Director Keith Fisher, Fire Chief
Mike Johnston, Economic Development Manager Mike Soab,
Community Development Manager Barry LeBaron, Project
Manager Clayton Husband, Public Works Manager Randy Brown,
Parks and Recreation Manager Monica Walsh, Administrative
Assistant Cindy Martin, City Attorney Ross Foster, and City
Secretary Cynthia Singleton were also present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Sec. 551.072 -
Mayor Arp explained that the Executive Session had been called in accordance with
Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section
551.072 - Property Acquisition, and Section 551.074 - Personnel. She further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 6:50 p.m., and reconvened at 7:48 p.m.
The invocation was given by Pastor David Jung of Crown of Life Lutheran Church, after
which Ross Foster led the Pledge of Allegiance,
CITY COUNCIL MINUTES
OCTOBER 16, 2001
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Pro Tern Tigue invited everyone to attend the Friends of the Library of Colleyville,
Grapevine and Southlake Book and Author Luncheon October 24, 2001, at The
Speedway Club at Texas Motor Speedway.
Mayor Arp presented a Proclamation to Fire Chief Mike Johnston in honor of National
Fire Prevention Month.
Mayor Arp presented a Proclamation to Police Chief John Young and Officer Bill
Hudgins in honor of Crime Prevention Month.
Mayor Arp announced that the regular scheduled Council meeting for November 6 has
been moved to November 7, 2001, and the November 20, 2001 Council meeting will be
November 27,2001.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1851 Consent Items:
a. Approval of minutes of the regular City Council meeting of October 2,
2001
b. Approval of an Agreement to purchase two (2) Ford Crown Victoria police
vehicles from Phillpott Motor Company, in the amount of $40,039.50,
through the Tarrant County Purchasing Department Joint
Venture/Cooperative Bid
c. Approval of rescheduling the second regular City Council meeting of
November 20,2001 to November 27,2001
Mayor Arp opened the public hearing and read Resolution R-01-1851, in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing,
Mayor Pro Tern Tigue moved to approve Resolution R-01-1851.
Councilman Rice seconded the motion with an amendment to Item a,
Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tern Tigue
Nays: None
2
CITY COUNCIL MINUTES
OCTOBER 16, 2001
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1308 -
Approval of a Special Use Permit for vehicle rentals with outside display
requested by Sean Thompson, Enterprise Rent-A-Car, on a 1,622 square foot
space located in Suite 211 at 4843 Colleyville Boulevard - Village Park Shopping
Center, Case Z-01-024
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1308.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro Tern Tigue moved to approve Ordinance 0-01-1308,
Councilman Orrell seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1309 - A Zoning
Change from R20 to CPO (Commercial-Professional Office) requested by Claire
Edwards, on Lot 18, Block 3, Andy Felps Addition located on the northeast
corner of Cheek Sparger Road and Felps Drive, Case Z-01-023
Mayor Arp read a letter from Ms. Claire Edwards, applicant, withdrawing the zoning
request.
Mayor Arp opened for public comment.
Ms. Wanda Knight, 3917 Felps Court, Ms. Lorna Sills, 412 Greenbriar Lane, Mr.
Timothy Roberts, 215 Cheek Sparger, Ms. Suzanne Dunn, 3809 Felps Court, Mr. Steve
Knight, 3917 Felps Court, and Mr. Curtis McKeon, 4108 Felps Drive, spoke against the
proposed Ordinance,
Ms. Virginia Garrett, 128 Cheek Sparger, Mr. Joe Moore, 133 Acuff Lane, Ms. Curtis
Burns, 120 Cheek Sparger, Ms. Linda Baker, 404 W. McDonwell School Road, Mr. Bill
Roberts, 3401 Amherst Circle and Ms. Olivia Locker, 116 Cheek Sparger Road, spoke
in favor of the proposed Ordinance.
3
CITY COUNCIL MINUTES
OCTOBER 16, 2001
Discussion ensued regarding building permit date, type of permit, current zoning and
zoning options.
Mayor Arp granted the withdrawal request.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1310 - Approval
of an amendment to Chapter 18 of the Colleyville Code of Ordinances regarding
the adoption of the 2000 Edition of the International Plumbing Code and the 2000
Edition of the International Fuel Gas Code with the local amendments
recommended by the Regional Codes Committee of the North Central Texas
Council of Governments, Case G-01-017
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1310.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1311 - Approval
to amend the 1991 Uniform Building Code by limiting the type of roof materials to
be used on new residential and commercial construction to a Class "C" rated
roofing material, or better, excluding any type of wood shingle roofing material
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1311.
Mr. Tom Seely, 404 S. College, Justin, Texas, spoke against the proposed Ordinance.
Ms. Dee Barker, 2200 Oak Knoll Drive, spoke in favor of the proposed Ordinance and
requested that the Ordinance be amended to include a complete replacement roof.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing,
Councilman Feldman requested that the Ordinance be amended to include full
replacement roofs.
Discussion ensued regarding treated wood shingles, cities that ban wood shingles, and
future public meetings for citizen input.
8. READING AND PUBLIC HEARING - Resolution R-01-1852 - A Final Plat of
Broughton requested by David Bagwell, 55 acres located on the north side of
Hall-Johnson Road, west of Highland Hills Lane, Case P-01-024
4
CITY COUNCIL MINUTES
OCTOBER 16, 2001
Mayor Arp opened the public hearing and read Resolution R-01-1852 in its entirety.
Mr. Rich Munson, 1905 Hall-Johnson Road, read a letter from Ms. Ruth Heidel and
spoke against the proposed Resolution.
Councilman Feldman moved to deny Resolution R-01-1852, without prejudice.
Mayor Pro Tern Tigue seconded the motion.
Discussion ensued regarding the entrance location, retention pond and drainage issues.
Mr, David Bagwell, 8222 Douglas Avenue, Dallas, Texas, applicant, was present to
answer questions.
Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
9. READING AND PUBLIC HEARING - Resolution R-01-1853 - Establishing the
McPherson Park Master Plan Committee
Mayor Arp opened the public hearing and read Resolution R-01-1853 in its entirety.
Ms. Linda Baker, 404 West McDonwell School Road, spoke regarding the original
McPherson Park Master Plan Committee and the number of committee members.
Mr. Nelson Thibodeaux, 1503 Bellefonte Lane, spoke regarding the original McPherson
Park Master Plan Committee.
Mr. Jim Moore, 1416 Glade Road, spoke regarding the need for parks that all citizens
can use and enjoy.
Mr. Ed Havran, 303 Oak Hill Lane, spoke regarding the McPherson Park Master Plan,
Tarrant County dairy industry, and the cost of the proposed McPherson Dairy Farm
Museum.
Ms. Jo Ann Gasper, 4103 Paddington Lane, spoke regarding the shortage of
recreational facilities and the need for unstructured park land.
Discussion ensued regarding the process for obtaining park grants and available funds
for the development of McPherson Park.
5
CITY COUNCIL MINUTES
OCTOBER 16, 2001
Mayor Arp reopened the public hearing.
Mr, Ed Havran, 303 Oak Lane, spoke regarding funding for the proposed McPherson
Park Dairy Museum.
Mayor Arp closed the public hearing.
Discussion ensued regarding preserving the McPherson Park buildings, need for multi-
use parks and need for a consultant.
Councilman Feldman moved to approve Resolution R-01-1853 and nominated
Councilman Rice as Council liaison to the McPherson Park Master Plan Committee
Mayor Pro Tem Tigue seconded the motion.
Discussion ensued regarding increasing the number of members on the committee.
Mayor Pro Tern Tigue called the question.
Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
10. READING AND PUBLIC HEARING - Resolution R-01-1854 - Submitting a
nomination for the Tarrant Appraisal District Board of Directors
Mayor Arp opened the public hearing and read Resolution R-01-1854, in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing,
The Council took no action.
11. READING AND PUBLIC HEARING - Resolution R-01-1855 - Consideration of
appointment to the Parks and Recreation Advisory Board
Mayor Arp opened the public hearing and read Resolution R-01-1855, in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Arp accepted nominations.
6
CITY COUNCIL MINUTES
OCTOBER 16, 2001
Mayor Pro Tern Tigue nominated Bill Mitchell.
There were no other nominations and Mayor Arp called for the vote.
Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
12. READING AND PUBLIC HEARING - Resolution R-01-1856 - Approval of the
construction contract with SRO General Contracting, for the Brighton Oaks
Drainage Improvements, in the amount of $467,800
Mayor Arp opened the public hearing and read Resolution R-01-1856 in its entirety.
The Council took no action.
STAFF REPORTS:
13. MONTHLY FINANCIAL REPORT
REPORTS
14. PLANNING AND ZONING COMMISSION MINUTES - August 27, 2001
PLANNING AND ZONING COMMISSION MINUTES - September 10, 2001
PLANNING AND ZONING COMMISSION MINUTES - September 24, 2001
HISTORICAL PRESERVATION COMMITTEE MINUTES - September 18, 2001
15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Ms. Dee Barker, 2200 Oak Knoll Road, spoke regarding the Glade Road and Thompson
Terrace intersection.
Mr. Richard Newton, 6107 Lansford Lane, Mr. Roger Wallace, 708 Beverly Drive, and
Ms. LuAnn Edwards, 220 W. Glade Road, spoke regarding the Highway 26 medians.
7
CITY COUNCIL MINUTES
OCTOBER 16, 2001
ACTION/RESOLUTION:
16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 16, 2001 -
Reading and Public Hearing - Resolution R-01-1857
This Resolution was not needed.
ADJOURNMENT:
17. ADJOURNMENT
There being no further business before the City Council, Councilman Feldman moved to
adjourn.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the meeting adjourned at 10:48 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2001, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
8
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CITY COUNCIL 1"m' AGENDA BRIEFING
For mtg. : 11-07-01 CMO Approval:
Item # :
3b
Resolution # :
R-01-1858
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT: Approval of a bid award for Health and Dental
Insurance to Blue Cross Blue Shield, Life and
Accidental Death and Dismemberment Insurance
to Metropolitan Life, and Long-Term Disability
Insurance to Jefferson Pilot
Previous Action: None
Reading and Public Hearing
Backaround
On August 24, 2001, staff issued forty (40) bid packages to health, dental, life and long-
term disability insurance companies. On October 5, 2001, the City received seven
health, twelve dental, eight life and seven long-term disability bids for consideration
(Attachment A).
The Benefit Committee met to review the proposals comparing current benefits, service
levels, the employee survey, doctor networks, percentage of doctors available for new
patients in the plan, emergency coverage, exclusions, claims payment, turnover rates,
of physicians, number of waiting days for visits, and proposed premiums.
(continued)
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CITY MAN ER
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C L REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1858
Page 2
The committee met with representatives of the top two (2) providers to make a final
recommendation. The goal was to balance the benefit needs of our employees with
available funding in the FY2002 budget.
Health Insurance
Blue Cross Blue Shield, the current health care provider, proposed a substantial rate
increase to the current plan. Staff has reviewed alternative plan designs and funding
options, which will provide a similar health benefit plan, with the City continuing to
subsidize 75% of dependent coverage. This plan provides a net savings of $14,836.46
(Attachment F). The alternative plan designs are provided as Attachment B-1 and B-2.
Staff has reviewed options from the top two providers for health insurance and
recommends Blue Cross Blue Shield for the following reasons:
1. Provides a lower co-pay and prescription drug card,
2. Employees will keep current doctor and hospital networks.
3. Provides Cobra administration.
Dental Insurance
Staff has reviewed proposals (Attachment C) from the top four providers for dental
insurance and recommends Blue Cross Blue Shield for the reasons listed below.
1, There are no waiting periods or late entrant penalties.
2. A large network of dentists is established.
3. Provides Cobra administration.
Life Insurance
Fortis, the current life insurance provider did not respond to the bid request. Staff
reviewed the top two proposals for Life and AD&D insurance (Attachment D). Staff
recommends Metropolitan Life for the following reasons:
1. Provides the lowest rates.
2. Provides a comparable plan design.
3. Provides the best voluntary life package.
Agenda Briefing
Resolution R-01-1858
Page 3
Long Term Disability
Staff has also reviewed the top three proposals for long term disability insurance
(Attachment E) and recommends Jefferson Pilot for the following reasons:
1. Benefits are provided until social security retirement age,
2. "Prudent person" wording is excluded from the pre-existing condition clause.
3. Limitations do not include self-reported illnesses.
4. Vocational rehabilitation is provided but not required.
All of these items are proposed by the other providers and would have a negative
impact on employees if disabled. It is important for the City to provide coverage that will
be of benefit to employees when needed.
Financial Impact
Funds are available in the FY2002 operating budgets for all City departments
(Attachment F).
Recommendation
Staff recommends that a contract for health and dental insurance be awarded to Blue
Cross Blue Shield at a rate of:
Health Coveraqe
Employee Only
Employee + Children
Employee + Spouse
Employee + Family
PPO
$266.57
$497.17
$617.27
$835.14
HMO
$234.74
$422.81
$524.95
$710.23
Dental Coveraqe
Employee Only
Employee + Children
Employee + Spouse
Employee + Family
$22.14
$43.75
$45.33
$72.84
Agenda Briefing
Resolution R-O 1-1858
Page 4
Staff also recommends Metropolitan Life as the Life and AD&D Insurance provider at a
rate of:
$15,000 Policy Cost /$1,000 .21
AD&D/$1,OOO .04
Dependent Life/Family Unit 1.38
Staff recommends Jefferson Pilot as the Long Term Disability Insurance provider at a
rate of.40 per $100.00 of payroll.
Recommendation
Approval
Attachments
. Attachment A - Benefit Providers 2001
. Attachment B-1 - Comparison of PPO Health Care Proposals
. Attachment B-2 - Comparison of HMO Health Care Proposals
. Attachment C - Comparison of Dental Proposals
. Attachment D - Comparison of Life and AD&D Proposals
. Attachment E - Comparison of Long Term Disability Proposals
. Attachment F - Proposed Benefit Insurance Funding
Attachment A
Health
Aetna
AmCare
BSBC
Cigna
Humana
UniCare
United Health Care
BENEFIT PROVIDERS
2001
Dental
Aetna
BCBS
Canada Life
Concept DR
Delta Dental
Fortis
Guardian Life
Humana
Jefferson Pilot
Metropolitan Life
Protective Dental
SafeGuard
Life & AD&D
Boston Mutual
Canada Life
Hartford
Jefferson Pilot
Metropolitan Life
Mutual of Omaha
Prudential
Standard Ins. Co.
LTD
Boston Mutual
Canada Life
Hartford
Jefferson Pilot
Metropolitan Life
Prudential
Standard Ins. Co.
Attachment B-1
COMPARISON OF PPO HEALTH CARE PROPOSALS
CURRENT RATES 217.88 BLUE CROSS UNITED HEALTH BCBS
610.45 Current Plan PLAN-FTC Plan I
1. Rate Proposals
PPO-Employee Only $289.75 $282.20 $266.57
PPO-Employee + Child(ren) $540.40 $522.09 $497.17
PPO- Employee + Spouse $670.95 $564.41 $617.27
PPO- Employee + Family $907.75 $818.40 $835.14
2. Coinsurance In Network 90% 90% 80%
Out of Network 70% after ded 60% after ded 70% or 60% after ded
3. Deductibles PPO in network 150 Ind/500 Fam 300 Ind/900 Fam 250 Ind/500 Fam
PPO out of network 300 Ind/600 Fam 600 Ind/ 1800 Fam 400 Indl800 Fam
4. Out of Pocket Maximum
PPO- In Network Individual/Family $1,000/2,000 2,500/5,000 2,500/5,000
PPO- Out of Network Ind.lFam. $2,500/5,000 5,000/10,000 4,000/8,000
5. Physician Services Office visit-In network $15/100% $20/100% $15/100%
Office visit-out network 70%/ded 60%/ded 70%/ded
X-ray, Lab $15/100% 90%/ded 100% in office or lab 80% after ded
6. Physical Medicine In network 1500 annual max (20) $20/100% 80%/ ded (1500 max)
Out of network same- 70% (20) 6O%/ded 60%/ded (1500 max)
7. Preventative Physicals, well woman, $15/100% $20/100% $15/100%
Well Child, Immunizations. etc. out of network 70%/ ded
8. Hospital Inpatient 90%/ ded. 90%/ded 8O%/ded
Emergency $50/90% $100 Copay in & out $50/80%
Outpatient 9O%/ded. 90%/ded
9. Vision Coverage provided N Y N
10. EAP Provided as part of benefit N Y N
11. 24 Hour Care line for emergency's N Y Y
12, Drug Card Benefits 5/10/25 1 0120/30 10/15/30
No Mail Order discount Mail 90 day 20/40/60 No Mail Order discount
13. Maximum Life Time In and Out of Network 2.000,000 2,000.000 1.000,000
14. Extended Care Service:
Skilled Nursing In Network 100%/10,000 max, yr. (120) 90%/ded 100%/10,000 max, yr
(req approval)
Hospice In Network 100%/20,000 max Life 90%/ded (req. approval) 100%/20,000 max Life
(req. approval)
Home Health In Network 100%/10,000 max yr. (40) 90%/ded (req. approval) 10,000 max yr.
(req. approval)
Medical Equip. In Network 90%/ded, 9O%/ded Not listed
15. On line Capabilities N Y N
16. Cobra Administration YES NO YES
Attachment B-2
COMPARISON OF HMO HEALTH CARE PROPOSALS
Current
197.11
554.59
UNITED HEALTH CARE
PLAN-LSC
1. Rate Proposals
Employee Only
Employee +Child(ren)
Employee + Spouse
Employee + Family
2. Physician Services Copay
Home Visit
Hospital Visit
3. Preventative Services
Periodic Health Assessments(lab & xrays)
Immunizations
Well Child(age 17), well woman
4. Allergy Care
Testing and Evaluations
Injections and Serum
6. Maternity
Prenatal & Postnatal
Delivery in hospital
Newborn care in hospital
7, Hospital Outpatient Surgery
Lab & X-rays, Radiation, Chemotherapy
Rehabilitation Services and Therapy
Inpatient
semiprivate room, meds,
surgery, lab, x-ray, anesthesia
and Therapy
11. Emergency Medical Services
Emergency room
Urgent Care
Physician Services
13. Skilled Nursing
Home Health Care by Phys.
Home Health Care by other
Hospice
Custodial Care
14. other Services Diabetic Self Management
Diabetic Equip, supplies, insulin
Durable Med Equipment
Prosthetic & Orthotic when
medically necessary
Per Admission
Per yr - per person
Per Yr.- family
15. Maximum Inpatient
17. Maximum Out - of - Pocket
Per yr. - per person
Per Yr. - per family
Lifetime Maximum
18. Drug
BCBS
Current Plan
$234.74
$422.81
$524.95
$710.23
$15
$20
100% coverage
$15
100% coverage
$15
50% copay
50% copay
$15 (1st visit)/1oo%
$100 day/100%
100%
$100 Copay
100%
$15 copay
100% coverage after
$1oo/day copay
$400 max per admission
$100 copay per visit
$50 copay
100% coverage
100% (60 day annual)
$20
100% coverage
100%/20,000 lifetime
Not Covered
100%
50.,.1, copay
50% copay
50% copay
$10,000 limit on replacements
$400
$1,000
$1,500
$1,500
$3,000
Unlimited
10/20/30
$269.30
$498.23
$538.62
$780.99
$15
None
90%
$15
100%
$15
$15
100%
$15 (1st visit)/100%
90%
90%
90%
90%
90%
$50 copay per visit
$35 copay per visit
90% (60 day annual)
90%
100% (180 days)
Not Covered
Same as other sickness
Same as other sickness
Same as other sickness
Same as other sickness
Same as other sickness
1,500
3,000
2,000,000
10/20/30
Attachment C
COMPARISON OF DENTAL PROPOSALS
JEFFERSON
BLUE CROSS MET LIFE FORTIS PILOT
RATES 90thO/O 90th% 90th% 9Oth%
EMPLOYEE ONLY $22,14 $17,50 $22.49 $21.25
EMPLOYEE + FAMILY $63.10 $59.93 $62.45 $60.56
HEALTH BID Y N N N
PREVENTIVE 100% 100% 100% 100%
BASIC 80% (Peri/Endo) 80% (Peri/Endo) 80% (Endo/Perio) 80% (Endo/Perio)
MAJOR 50% 50% 50% 50%
ORTHODONITICS 50% 50% 50% (no Loss) 50% (start over)
DEDUCTIBLE Individual $50 $50 $50 $50
Family $150 $150 $150 $150
CALENDAR MAXIMUM $1,500 $1,500 $1,500 $1,500
Orthodontics $1,000 $1,000 $1,000 $1,000
12 month guarantee Y Y dhs providers Y
additional discount
Option to Choose dentist Y y y Y -no Network
Deductible waived on Preventative Y Y Y Y
Claims processing information 15 days 10 days 10 days 2-10 days
Financial information provided A A+ A A++
Copies of Forms provided Y Y N N
Provider books provided Y Y any dentist None
RATES SUBJECT TO CHANGE N N Y N
Predetermination $300 $200 over $300 over $300
TMJ N N V-non Surgical N
Late Entrant N 6/12/24 6/12/24 12 mo. On Ortho
Cobra y N Y N
) Gain (include Ortho) y y y Credit given
for time in BeBS
File own claims N N N N
Electronic N N Y Y
Open Enrollment Y N N
Attachment D
COMPARISONS OF LIFE AND AD&D PROPOSALS
15,000 Policy
Cost per 1000
AD&D cost per 1000
Dependent life
Spouse 5000
Child 2000
Voluntary Life
Rate Guarantee
Death Benefrt
Life
AD&D
Limitations
Automobile Benefit
Higher Education Benefrt
Exclusions for AD&D
Conversion
Age Reduction
Turnaround time on Claims
Accelerated Benefit
VOLUNTARY
Amount of Coverage
Spouse
Evidence of Insurability
Accelerated Benefit
Portable
Rates
Under 30
No Tobacco
30,000
AM Best Rating
Current Oid'nt rebid
Fortis
Y
Met Life
Y
0.22
0.21
0,05
0.04
1.39/Unit
1.38/Unit
Y
Y
3 yrs.
2 yrs.
Pd Single Sum
pd to ben if Acc
No pay Suicide
Account
Double
War, Terrorism,
20%/$100,000
Y-1,000 min. 25,000 max
$3,000/yr. 4 yrs.
N
Disease, War, Suicide,
Assault, Self inflicted,
drug, intoxication, riot
Infection,
suicide, self-
inflicted. drugs.
war, assault
Y
Y
33% @ age 65 & 70
35% at 65; 50% at 70
4 Days
7-10 days
80%up to $250000
Y
Y
$20000 to $300000
or 5 x earnings
$10,000 -$ 500,000
or 5 x earnings
1/2 of employee
25,000 - 100,000
1/2 of employee
100,000 or 5 X
salary 'Nhichever is
less
after $40000
Y
Y
y
Y
$2.46
$2.40
A
A+
Prudential
Y
0.233
0.037
1 .39/Unit
Y
3 yrs.
Account
Double
Riot, War. Felony
Y=10%/10%
N
Riot War Felony,
etc
Y
35%@ 65; 50% @70
5 days
Y
10,000 -$300,000
or 5 X earnings
not offered to spouse
75,000
Y
Y
$5.01
A
Attachment E
COMPARISON OF LONG TERM DISABILITY PROPOSALS
Jefferson Pilot Canada Life Prudential
Rate per $100 Payroll 0.40 0.37 0.377
Benefit Amount 60% 60% 60%
Elimination Period 90 days 90 days 90 Days
Maxmum Benefit $5,000 $5,000 $5,000
Minimum Benefit $50 $50 $100
Benefit Period Age 65 (SSNRA) to Age 65 (RBD) 65(SSNRA)
Rate Guarantee 2 yrs. 2 yr. 3 yrs.
Waive Premiums Y Y Y
Pre-existing *3/12 (No prudent person) 3/12 (Prudent Person) *3/12 (No prudent person)
Limitations/Exclusions War, riot,self-inflicted Self-reported, + Self Reported, +
No Self Reported
Survivor Income 3 months 3 months 3 months
Mental & Nervous Limitations 24 Months 24 Months 24 Months
Substance Abuse Limitations 24 Months 24 Months 24 Months
Partial Disability Benefits Y Y Y
Work incentive Benefit y Y Y
Vocational Rehab Benefit Y- not required V-Required V-Required
Cost of Living Freeze Y Y Unknown
AM Best Rating A++ A+ A
No Loss No Gain Y Y Y
3rd Party N Y Y
Attachment F
PROPOSED BENEFIT INSURANCE FUNDING
DEPARTMENT
TOTAL BUDGET
CITY MANAGER
BUILDING INSPECTION
ECONOMIC DEVELOPMENT
CITY SECRETARY
FINANCE
ENGINEERING
COMMUNITY DEVELOPMENT
POLICE
FIRE
MARKETING
PARKS
RECREATION
COMMUNITY CENTER
STREET
COURT
MAINT
UTILITY-ADMIN
UTILlTY-OPNS
UTILITY-BILLING
DRAINAGE
$28,060,00
$28,060.00
$5,612.00
$11 ,224.00
$33,672.00
$39,284.00
$28,060.00
$224,480.00
$173,976.00
$5,612.00
$61,732.00
$11,224.00
$16,836.00
$58,927,00
$11,224.00
$16,836.00
$11,224.00
$95,406.00
$16,836.00
$19,642.00
TOTAL BUDGET
$897,927.00
EMPLOYEE PREMIUMS EXPENSE (OCT-DEC 01)
DEPENDENT PREMIUMS EXPENSE (OCT-DEC 01)
$120,200.55
$69,750.24
$ AMT REMAINING FOR JAN-SEPT 2002 INSURANCE PAYMENTS
$707,976.21
LESS PROPOSED INS COVERAGE EXPENSE JAN-SEPT 2001
EMPLOYEE HEALTH @ 159 EMPLOYEES
EMPLOYEE DENTAL@ 159 EMPLOYEES
EMPLOYEE LIFE @ 159 EMPLOYEES
EMPLOYEE L TO @ 159 EMPLOYEES
$367,782.84
$31,682.34
$5,366.25
$19,062.36
$ AMOUNT REMAINING FROM BUDGET
$284,082.42
TOTAL OF REQUESTED DEPENDENT HEALTH INS
COVERAGE FUNDING FOR 82 EMPLOYEES - FOUR TIER
$269,245.96
$ BALANCE REMAINING
$14,836.46
/'~"'e- Ci" n~
, \J - r
( ( ,TIll- ' (,,?,
CITY COUNCIL ,,~\ - Tno$ /~'d AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item #:
3c
Resolution # :
R-01-1858
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT: A Preliminary Plat of Emily's Place Addition
requested by JDJR Engineers & Consultants,
Inc., 5.7509 acres located on the north side of
Glade Road at 2716 & 2800 Glade Road,
Case P-01-032 - by Consent
Reading and Public Hearing
Backqround
Steven Ross is the owner of a 5.75-acre parcel of land located on the north side of
Glade Road, between Pool Road and Overhill Drive. The owner has submitted a
Preliminary Plat of the property for review and consideration by the City Council. The
plat will create eight lots for the construction of single-family residences on the property.
The following is a summary of the major items associated with this Preliminary Plat.
Zoning. The property is zoned R20 Single Family Residential. The R20 district
requires a minimum lot size of 20,000 square feet, a minimum lot width of 100 feet, and
a minimum lot depth of 125 feet. The proposed lots exceed the requirements of the
R20 district.
.:-~
( continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1858
Page 2
Utility Improvements. The developer is responsible for constructing water and
sanitary sewer lines for the project. Preliminary plans for utility, street and drainage
construction have been reviewed by the Engineering Department.
Glade Road. The developer is responsible for either constructing one-half of Glade
Road along this property's frontage, or escrowing an equivalent amount of money with
the City for future construction. The Land Development Code requires that unimproved
perimeter streets be constructed when the adjacent property develops.
Trail System. The developer will construct a 10-foot wide sidewalk along Glade Road
as part of this development. The sidewalk is part of the Colleyville Pathways Plan for
hike and bike trails.
The owner's surveyor has addressed all Development Review Committee comments
related to the plat. Since the plat contains more than four lots, the plat also requires
approval by the City Council.
The Planning and Zoning Commission approved this Preliminary Plat at its October 22,
2001, meeting by a unanimous vote.
Recommendation
Approval
Attachments
· Location map (paper copy only)
· Plat (paper copy only)
. Development Review Committee memo (paper copy only)
. Applicant's Response Letter (paper copy only)
. Planning and Zoning Commission Minutes
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,11
CITY OF COLLEYVILLE
COMMUNllY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE October 12,2001
FAX TO
FAX NO
JDJR Engineers
972-273-8860
.:. Steven G. Ross
.:. 972-337-8259
FROM Clayton Husband, AICP, Development Coordinator
SUBJECT P-OI-032 Preliminary Plat - Emily's Place Addition
The Colleyville Development Review Committee (DRC) has reviewed your Preliminary Plat
request submitted to this office on September 28, 2001. The following comments are for your
consideration,
PLAT DRAWING
1. Label the Point of Beginning on the plat.
2. Show the square footage ofthe areas proposed for right-of-way dedication along Glade Road.
3. All easements must be labeled as "drainage and utility easements." The easement adjacent to
the rear line of all the lots must be increased in width to 16 feet. The easement must also be
extended adjacent to the rear line of Lots 4 and 5.
4, The right-of-way for the cul de sac is shown as 56 feet. The Land Development Code only
requires 50 feet of right-of-way for a cui de sac less than 600 feet in length,
5, The right-of-way for Glade Road needs to be verified on the final plat. Tie down the existing
right-of-way with monuments on the opposite side of the street. Glade Road is classified as a
Minor Collector on the Thoroughfare Plan. A Minor Collector requires an ultimate right-of-
way width of75 feet. The required right-of-way along the frontage of the lot on Glade Road
is 37.5-feet from the centerline of the existing right-of-way.
6. There are other minor corrections needed to the drawing, which are shown on the marked-up
print.
TREE PRESERVATION
1. Trees not located within the right-of-way must be preserved during the construction of the
subdivision.
P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 81 7.577.7587
DEVELOPMENT REVIEW COMMITTEE
P-01-032 EMILY'S PLACE ADDITION
ENGINEERING CONSTRUCTION PLANS
1. The engineering construction plans have been reviewed by the Engineering Department, Fire
Department and Public Works Department. Comments on the paving, drainage and utility
plans are noted on a marked-up set of prints. These plans are ready to be picked up.
Questions concerning the engineering construction plans should be directed to Choyce
Morrow, P.E., at (817) 577-7587,
OTHER INFORMATION
1. The Land Development Code requires sidewalks along all streets. All sidewalks must be a
minimum of 4-feet in width and constructed in the area between the curb line and the adjacent
property line. The sidewalks must be constructed when new structures are built on the lot.
2. The sidewalk along Glade Road must conform to the provisions of the Colleyville Pathways
Plan, The sidewalk must be a minimum 10 feet wide along this property's frontage on Glade
Road.
3. Perimeter street improvements are required for this property since Glade Road is considered
an unimproved street and the plat contains more than one residential lot. The developer is
required to construct one-half of the street or provide an equivalent amount of cash escrow for
future improvement by the City. The response letter should indicate the developer's initial
intention of construction or escrow regarding Glade Road.
4, Water, sewer and roadway impact fees are due at the time a building permit is issued for a new
structure on the lot. The Engineering Department will provide a formal assessment of impact
fees to the Building Inspection Department upon submittal for a building permit. The fees
listed below are intended to provide general information on the fees that could be assessed.
ROADWAY
WATER
SEWER
$795 per lot for single family residential uses
$1,468 for a I-inch meter [fee dependent on whether new water tap or meter is requested]
$128 for a I-inch meter [fee dependent on whether new water tap or meter is requested]
5. Parkland dedication fees are assessed at the time of approval of the final plat. The fee for
single family residential uses is $1,802 per lot. An assessment of parkland dedication fees will
be provided to the Engineering Department, and all fees must be paid at the time of final
acceptance of the subdivision.
6. INFORMATIONAL ONLY. The Colleyville Land Development Code is available on-line at
\V\'vw.col1evvil1e.com, Follow the link under Municipal Code. The Land Development Code
is in Adobe Acrobat format.
PAGE 2 OF 3
DEVELOPMENT REVIEW COMMITTEE
P-01-032 EMILY'S PLACE ADDITION
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, October 22,2001, 7:00 p.m.
Tuesday, November 20,2001,7:30 p.m,
RESUBMITT AL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices.
Once you have completed the changes to the drawing, please submit the following to our offices:
. 15 folded copies of the revised Preliminary Plat drawing
. one 8Y2 x 11 reduced copy ofthe revised plat drawing
. a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
The above requested items must be submitted no later than Thursday, October 18,2001 in order to
make the scheduled hearings. Please call me if you have any questions.
C: CHOYCE MORROW, PE, ENGINEERING
CHRIS STEUBING, ENGINEERING
KEIlM FISHER, ENGINEERING
RED BAILEY, FIRE DEPARTMENT
ROBERT YOUNGER, BUILDING INSPECTION
KELLY HOWELL, PUBLIC WORKS
MIKE SOAB, ECONOMIC DEVELOPMENT
DIANNE MCWETHY, CITY MANAGER'S OFFICE
PAGE 3 OF 3
- --- ---
-- -- -- -- - ----
________~_________~_~_~__~___~_~___~_~._~,___...."_______~________.._~___'O__~....._~~_.~~...._'______~_______.....~~__~___~~~___'___~..._______..._..._...............-___.....__.~__~._._~~~.....
, ..
J DJ R ENGINEERS AND CONSULTANTS, INC,
CIVIL ENGINEERS. SURVEYORS' LAND PLANNERS. CAD DESIGNS
October 18, 200 I
City of Colleyville
Community Development Department
P. O. Box I 85
Colleyville, Texas 76034
Attn: Clayton Husband, AICP
Development Coordinator
Re: Preliminary Plat
Emily Place Addition
Item No. P-O 1-032
Dear Mr. Husband:
The attached preliminary plat revisions are submitted pursuant to the Development Review
Committee comments of October 12, 200 I .
The Point of Beginning has been labeled. Square footage of right-of-way dedication for Glade
Road and Emily Place are shown. All easements have been labeled as "drainage and utility
easements," increased to 16 feet in width where required, and extended as requested.
We are still showing the cul-de-sac right-of-way for Emily Place as 56 feet rather than 50 feet
at the request of the developer, He would prefer to construct an enhanced roadway section
for Emily Place with a 36 foot back-to-back concrete pavement width in order to provide an
upscale appearance for this subdivision.
The right-of-way for Glade Road that was previously shown provided a total of 80 feet based
upon found monumentation at the property corners along the north side of the lots which are
across the street on the south side of Glade Road. This monumentation indicates that the
south line of Glade Road varies from 40.23 feet (western extent) to 39.54 feet (eastern
extent) from the south line of the subject property as described in deed as the centerline of
Glade Road. We have reduced our proposed right-of-way dedication for Glade Road by 2.5
feet (one half ofthe five foot difference between a 75 foot and an 80 foot right-of-way), which
results in a dedication width that varies from 37.27 feet (western extent) to 37.96 feet
(eastern extent). This provides a total right-of-way of 77.5 feet.
2505 TEXAS DRIVE. SUITE 109 IRVING. TEXAS 75062 TEL (972) 252-5357 FAX (972) 273-8860
Mr. Clayton Husband / City of Colleyville
October 18. 200 I
Tree preservation is noted and will be observed.
We are coordinating the engineering construction plan comments with the Public Works
Department. All issues will be resolved prior to final plat approval.
Other comments regarding sidewalk improvements, water, sewer, roadway impact fees, and
parkland dedication fees are noted. As to the perimeter street improvement requirements for
Glade Road, it is the developer's intent to request a waiver of this requirement at the time of
final platting. The construction of this facility appears to be a regional consideration rather than
a consideration applicable to the impact of this subdivision. Funding for the construction of this
facility would appear to be best derived from impact fees which are assessed on all
subdivisions in the service area.
Please contact me if you have any questions.
Sincerely,
~. ~"t U~{
J. Kent Bell
Director of Planning and Zoning Services
Attachment
114-16\Colleyville-pp1.doc
Planning and Zoning Commission Minutes
A Preliminary Plat of Emily's Place Addition requested by JDJR
Engineers & Consultants, Inc., 5.75 acres located on the north side of
Glade Road at 2716 & 2800 Glade Road. Case P-01-032
Clayton Husband presented the case to the Commission. He advised this is a
preliminary plat that will create eight residential lots. He informed the Commission
about the R20 zoning and told them when the property was rezoned by the City Council.
Mr. Husband said the applicant's surveyor has addressed all the Development Review
Committee comments and staff recommends approval of the plat.
The Commission discussed drainage and detention issues. Staff advised that any
detention areas would be identified in the final set of engineering plans for the
subdivision.
Commissioner Hollis moved to approve the preliminary plat. Commissioner Wall
seconded the motion. The vote being:
Ayes: Wall, Jones, Sellers, Hollis, Gasper
Noes: None
.~
CITY COUNCIL Ym' AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item # :
3d
Resolution # :
R-01-1858
Previous Action: None
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT: Approval of renewal of lease agreements with
Mobile Modular Management Corporation, in the
amount of $19,935, and GE Capital Modular
Space, in the amounts of $18,240 and $24,138-
by Consent.
Reading and Public Hearing
The City currently leases three (3) mobile office buildings at 5400 Bransford
Road. Building One (1), owned by Mobile Modular, was installed in December
1991. Buildings Two (2) and Three (3) are both owned by G.E. Capital Modular
Space and were installed in January 1993 and November 1995, respectively.
The City's departments of Economic Development, Building Inspection,
Marketing, Engineering, and Community Development, as well as staff from the
City Manager's Office are located in these buildings.
The lease agreements for all three buildings are currently on a month-to-month
basis. In order to lock in lease rates for the buildings until the new city hall is
constructed, all three buildings were re-bid. The initial term of the lease will be
for twelve (12) months with one (1), six- (6) month option to renew. Contingent
upon the completion of the new city hall, the City may continue to lease the
buildings on a month-to-month basis.
(continued)
CITY~j(
xJ~ ~~
DEPARTMENT HEAD )
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1858
Page 2 of 3
Request For Bid (RFB) 01-007 was advertised on Tuesday, August 21 and
Tuesday, August 28. The City received only one response from G. E. Capital
Modular Space, which only bid on the buildings it currently owns (Buildings Two
and Three). No bid was received for Building One.
Because no bid was received for Building One, RFB 01-009 was re-advertised on
Monday, September 17 and again on Monday, September 24. The request for
bid only included Building One. Only one response was received, and it was
delivered by Mobile Modular.
Bid responses are as follows:
RFB 01-007
GE Capital
Total Bid
Building One
Building Two
Building Three
No Bid
$18,240
$24,138
12 Mths @
(per month)
No Bid
$1,220
$1,680
Dismantle
Return
No Bid
$3,000
$3,292
No Bid
$600
$686
RFB 01-009
Mobile Modular
Total Bid 12 Mths @ Dismantle Return
(per month)
$19,935 $1,380 $1,800 $1,575
Building 1
City staff has worked with the City Attorney to review terms and conditions of the
agreements,
Financial Impact
Funding is available in department line item 6264,
Agenda Briefing
Resolution R-01-1858
Page 3 of 3
Recommendation
Approval
Attachments
. G. E. Capital Modular Space Lease Agreement (Paper Copy Only)
. Addendum to G.E. Capital Modular Space Lease Agreement (Paper Copy
Only)
. Mobile Modular Lease Agreement (Paper Copy Only)
.
GE Capital Modular Space
modspace.com
LEASE AGREEMENT NO.:
956902
ACCOUNT NO.:
111780
RETURN EQUIPMENT TO GECMS:
DALLAS
2050 REGIONAL RD.
GRAPEVINE
TX 76051
Telephone:
Fax:
817-329-7208
1-800-523-7918
817-329-3654
GE CAPITAL MODULAR SPACE, a division of Transport International Pool, Inc., a Pennsylvania corporation (-GECMS")
hereby leases the equipment specified below (the "Equipment") to:
CITY OF COLLEYVILLE
P.O. BOX 185
COLLEYVILLE
TX 76034-3532
Customer Contact:
Telephone:
Fax:
P.O.#:
The Equipment will be located at (subject to Section 4
on attached page):
Collin Boothe
817-577-7589 x254
817-577-7555
5400 Bransford
Colleyville
TX 76034
Customer hereby leases Equipment from GECMS for a minimum period of R months (the "Minimum Lease Period") from
the start of the lease term in accordance with the terms and conditions of this Lease Agreement including the terms and
conditions set forth on the attached page (this "Lease"). Rental month is defined as a thirty-day period.
Customer agrees to pay GECMS without demand and in advance the monthly rental and other charges on the due dates set
forth in this Lease. The anticipated delivery date for the Equipment, subject to Section 3(c) on the attached page, will be on
or about the 16th dav of November. 2001.
.i5g-l """=51;1). [Ie~'tKJ1~6J-~~-~=-=~:~~=~OTW.'~~~~-3~'o.~~~~'~=$O
~___ _j~ . 7~_~_!!3f_~ _J"J" -r ",,1 JjE)1Q._QQL____lt4Q._~?" ,$?Q.j)$Lm___ "" ,lQ:
ONE TIME CHARGES ______ u_-=-~-~______ 1-_MONTHlYTHABlJ..ES~_=~==~-=_-==----~~==~_==~__~
RETURN DELIVERY u_ _____ L.c;Q.~m(__________________.J1?20.llQ...,
u J3l.JLL[)!r-JG..Bn~IiN* jOty:1iltJ.~0.OQJ _ __ _ J600.00 Total $1. 220. 00
DISMANTLING
---------
TEARJLOIJY.N CQMPbEX*_JQty: 1 at$~Jl.o()-,-OQL__
'.' Billed atTermination Total
$3.000.00 ! DAilY:
-, .---- WEEKLY'
$3.600.00 .
$40. 10
$280. 76
No agent, employee or representative of GECMS has any authority to make any representation or warranty concerning the
Equipment that is not specifically included in this Lease. Unless specifically identified in this Lease, this Lease supersedes all
prior negotiations, proposals and documents. This Lease will not be subject to any additional provision that may be contained
in the Customer's purchase order, although Customer's purchase order number may be used by the parties as a convenient
reference for invoicing purposes.
CLEANING AND DAMAGES, IF APPLICABLE, TO BE ASSESSED UPON RETURN.
TO MAINTAIN HVAC INTEGRITY, IT IS CUSTOMERS RESPONSIBILITY TO MAKE SURE THAT THERE IS SUFFICIENT POWER
SUPPLY TO THE HVAC UNIT. IT IS ALSO YOUR RESPONSIBILITY TO CHANGE YOUR HVAC FILTERS EVERY 30 DAYS,
UNDER NORMAL CONDITIONS. YOU AY BE REQUIRED TO CHANGE FILTERS MORE FREQUENTLY UNDER DUSTY AND
DIRTY CONDITIONS. YOU WILL BE CHARGED FOR ANY DAMAGE CAUSED BY IMPROPER VOLTAGE, CONNECTIONS OR
DIRTY FILTERS WHILE THE UNIT IS IN YOUR POSSESSION.
-i' Building on site, units # 005434 & 005435
The attached page (Form No. US062998A) contains Terms and Conditions that form an integral part of this Lease. Those
terms and conditions include but are not limited to disclaimers of warranties of merchantability and fitness and limitations
on damages. The only other documents that form a part of this lease are: NONE.
.
GE Capital Modular Space
modspace.com
LEASE AGREEMENT NO.:
956902
ACCOUNT NO.:
111780
RETURN EQUIPMENT TO GECMS:
DALLAS
2050 REGIONAL RD.
GRAPEVINE
TX 76051
Telephone:
Fax:
817-329-7208
1-800-523-7918
817-329-3654
(Continued)
Signed by dUly uthorized a9J'1s,..with the intent to be legally bound, this
By J ~ ~~ By X
GE CAP MODULAR SPACE AUTHORIZED AGENT CUSTOMER OR AUTHORIZED AGENT
day of
.20_.
Name DAVID STRONG
Name
(please print)
Accepted and Del. By:
Date:
Freight Vendor
Remarks:
Received and Accepted By:
Name:
Date:
(please print)
.
GE Capital Modular Space
modspace.com
LEASE AGREEMENT NO,:
956906
ACCOUNT NO.:
111780
RETURN EQUIPMENT TO GECMS:
DALLAS
2050 REGIONAL RD.
GRAPEVINE
TX 76051
Telephone:
Fax:
817-329-7208
1-800-523-7918
817-329-3654
GE CAPITAL MODULAR SPACE, a division of Transport International Pool, Inc., a Pennsylvania corporation ("GECMS")
hereby leases the equipment specified below (the "Equipment") to:
CITY OF COLLEYVILLE
P.O. BOX 185
COLLEYVILLE
TX 76034-3532
Customer Contact:
Telephone:
Fax:
P.O.#:
The Equipment will be located at (subject to Section 4
on attached page):
Collin Boothe
817-577-7589 x254
817-577-7555
5400 Bransford
Colleyville
TX 76034
Customer hereby leases Equipment from GECMS for a minimum period of 1Z.. months (the "Minimum Lease Period") from
the start of the lease term in accordance with the terms and conditions of this Lease Agreement including the terms and
conditions set forth on the attached page (this "Lease"). Rental month is defined as a thirty-day period.
Customer agrees to pay GECMS without demand and in advance the monthly rental and other charges on the due dates set
forth in this Lease. The anticipated delivery date for the Equipment, subject to Section 3(c) on the attached page, will be on
or aboutthe 16th dav of November. 2001.
!~~r~" .11t~;~jt~f~--..rM~i~zl~~~l&t~I~~~i~
;~~~~~~~l~t:R~ES--- _n ==== _n~__~ 1-~oO~;~~ t:~~RG1~ .~-~~~-------$1~ 680.00 I
I-BlJILDING RETURN*{Qty:-'-at$686.(0):=_$686.-00 - ---- . - Total---- ._$1~.6s0. 00-'
I D1sr~1~~~~~~f~EX:_j9_~'~~~200) $3,292. DOl DAilY: $55.24
,*. Billed atTermination Total $3'- 978. 00 WEEKLY: $386.64
No agent, employee or representative of GECMS has any authority to make any representation or warranty concerning the
Equipment that is not specifically included in this Lease. Unless specifically identified in this Lease, this Lease supersedes all
prior negotiations, proposals and documents. This Lease will not be subject to any additional provision that may be contained
in the Customer's purchase order, although Customer's purchase order number may be used by the parties as a convenient
reference for invoicing purposes.
CLEANING AND DAMAGES, IF APPLICABLE, TO BE ASSESSED UPON RETURN.
TO MAINTAIN HVAC INTEGRITY, IT IS CUSTOMERS RESPONSIBILITY TO MAKE SURE THAT THERE IS SUFFICIENT POWER
SUPPLY TO THE HVAC UNIT. IT IS ALSO YOUR RESPONSIBILITY TO CHANGE YOUR HVAC FILTERS EVERY 30 DAYS,
UNDER NORMAL CONDITIONS. YOU AY BE REQUIRED TO CHANGE FILTERS MORE FREQUENTLY UNDER DUSTY AND
DIRTY CONDITIONS. YOU WILL BE CHARGED FOR ANY DAMAGE CAUSED BY IMPROPER VOLTAGE, CONNECTIONS OR
DIRTY FILTERS WHILE THE UNIT IS IN YOUR POSSESSION.
'7 Building on site, units # 061814 & 061815
The attached page (Form No. US062998A) contains Terms and Conditions that form an integral part of this Lease. Those
terms and conditions include but are not limited to disclaimers of warranties of merchantability and fitness and limitations
on damages. The only other documents that form a part of this lease are: NONE.
.
GE Capital Modular Space
modspace.com
LEASE AGREEMENT NO.:
956906
ACCOUNT NO.:
111780
RETURN EQUIPMENT TO GECMS:
DALLAS
2050 REGIONAL RD.
GRAPEVINE
TX 76051
Telephone:
Fax:
817-329-7208
1-800-523-7918
817-329-3654
(Continued)
Signed b
day of
.20_.
N
Name
(please print)
Accepted and Del. By:
Date:
Freight Vendor
Remarks:
Received and Accepted By:
Name:
Date:
(please print)
8
GE Capita/Modular Space
modspace.com
Form:
US062998A
TERMS AND CONDITIONS OF LEASE AGREEMENT
1. Lease
This transaction is an operating lease and not a sale. Customer does not acquire through this Lease or by payment of rental under this Lease any right, title or
interest in or to the Equipment, except the right to possess and use the Equipment so long as Customer is not in default under this Lease.
2. Rental and Other Payments
(a) The start of the lease tenn is the date on which GECMS substantially completes its scope of work for installation, unless otherwise agreed to among the
parties. Monthly rental will accrue through and including the month in which the later of the Return Date or End of the Term occurs. The "Return Date" is the
date on which the Equipment is returned to GECMS in accordance with the terms of this Lease. The "End of the Term" is the date on which the tenn of this
Lease is to expire, either originally, under a renewal tenn or under month-to-month renewals as contemplated by this Lease. Rental and such other charges will
be prorated on a daily basis where necessary. Unless otherwise specified in this Lease, charges for delivery and installation, initial month's rent and any
applicable initial charges for the Optional Insurance Program and Damage Waiver will be due and payable at the start of the lease term, and charges for
teardown and return will be due and payable at the earlier of the Return Date or the End of Term. After payment of the initial month's rent, each month's rent
thereafter is due and payable without demand and in advance (i) at the end of each thirty (30) day period following the commencement of the lease tenn, if a
rental month is defined on the first page of this Lease as a thirty-day period or (ii) on the first of each month immediately following the month in which this lease
commences, if a rental month is defined on the first page of this Lease as a calendar month. All other sums payable by Customer under this Lease are due and
payable when invoiced. Unless agreed otherwise, all payments made under this Lease will be made by Customer's check drawn on its regular bank checking
account or such other form of payment as is acceptable to GECMS. All payments by Customer will be made without setoff or deduction of any kind.
(b) Customer will pay GECMS for any and all sales and use taxes, other direct taxes and registration fees imposed by any city, county, state, or federal
government or other taxing authorities and related directly or indirectly to the Equipment or its use, excluding federal or state taxes relating to income (all of the
foregoing that Customer is to pay, "Taxes"). Taxes may be allocated by GECMS on either an individual or prorated basis for any item of Equipment based on
purchase price, value, possession, use, location, rentals, delivery or operation of such Equipment. Taxes may include an allocation on a statewide basis of
locally imposed taxes. Customer's obligations under this Subsection will survive the termination ofthis Lease.
(c) For Customer's convenience, GECMS intends to issue invoices for amounts due under this Lease. If Customer fails to pay any amount due within twenty
(20) days of the due date, GECMS may impose a charge on such amount at one and one-half percent (1-1/2%) pemonth or the highest rate permitted by law,
whichever is lower, from the due date until payment in full is received by GECMS.
(d) When the Lease term exceeds eleven (II) months, the rental charge may, at GECMS's option, be adjusted upward, based upon the Consumer Price Index, All
Urban Consumers, U.S. City Average, AlIltems("CPI") (United States Bureau of Labor Statistics or such other index as may succeed the CPI), as follows:
For each change of one percent (I %) in the CPI from the CPI as available immediately prior to the start date of this Lease, the rental rate will be adjusted by a
factor of one percent (1%). Any adjustments will take effect at six (6) months following the start date of this Lease and will be further adjusted each six (6)
months thereafter. The adjustmentwill be based on the most recent CPI indices available prior to the invoice in which an adjustment is made.
3. Delivery and Installation
(a) Customer will provide free and clear access for delivery of the Equipment by standard mobile transport vehicles. Customer will be solely responsible, at its
cost, for preparation of the site on which the Equipment is to be used (the "Site"), including any required structural or grade alterations and identification of
utility lines. Customer will provide firm and level ground on no more than a six-inch (6") slope from one end to the other for safe and unobstructed installation
for the Equipment. Site selection is the sole responsibility of Customer. GECMS ASSUMES NO LIABILITY NOR OFFERS ANY WARRANTY FOR
THE FITNESS OR ADEQUACY OF, OR THE UTILITIES AVAILABLE AT THE SITE.
(b) Customer will have sole responsibility, at Customer's cost, to obtain any and all licenses, titles, building and other permits and any other approvals and
certificates as may be required by law or otherwise for the installation and placement of the Equipment and Customer's lawful operation, possession or
occupancy of the Equipment. Customer agrees that all certificates of title or registration applicable to the Equipment will reflect GECMS's ownership of the
Equipment.
(c) GECMS's delivery of the Equipment is subject to delays in manufacturing, modification, delivery or installation due to fire, flood, windstonn, riot, civil
disobedience, strike or other labor actions, acts of God, or any circumstances beyond GECMS's control (including but not limited to breaches by GECMS's
sub-contractors or manufacturers) which delay the manufacture or modification of products or the making of deliveries in the normal course of business.
(d) The prices for delivery, installation, teardown, return delivery and other "one-time" charges, the due dates of such charges and the start date of this Lease
assume accuracy of the information given to GECMS with respect to Site conditions and locations and are subject to adjustment to the extent that the timing of
or physical nature of access to the Site is or becomes limited, the Site does not have adequate load bearing or topographic qualities or is otherwise not properly
prepared, utilities are not correctly located, provision of utilities is not timely or applicable licenses or pennits are not provided in a timely manner or Customer
otherwise delays completion ofGECMS's scope of work.
(e) GECMS may suspend work at the Site ifGECMS deems the Site to be unsafe.
4. Maintenance of Equipment
(a) Customer will not move or in any way modit}r the Equipment without written consent of GECMS. Notwithstanding GECMS's consent to Customer's
modification of the Equipment, Customer is liable for the cost of the removal of such modification or restoration of the Equipment upon the termination of this
Lease for the modified Equipment. GECMS may place its name on the Equipment, and Customer will assure that such name is not removed or concealed in
whole or in part.
(b) Customer, at Customer's sole cost, will keep the Equipment at all times until the Return Date in good repair and operating condition, subject to ordinary wear
and tear, and free of any and all liens and encumbrances. GECMS will have the right to inspect the Equipment from time to time until the Return Date and if
GECMS believes the Equipment to be misused, abused or neglected, GECMS may summarily remove and repossess the Equipment at Customer's cost.
(c) Customer will perform, execute and comply with all Laws which in any way affect the use, operation, maintenance, or storage of the Equipment. "Laws"
means all laws, rules, regulations or orders of any governmental agency or instrumentality of the United States, Canada, any state, province, municipality or
other local government and all orders, writs and decrees of any court, tribunal or administrative agency, in any case which now exist or hereafter arise (including
but not limited to laws governing Hazardous Substances and other environmental risks and the Americans with Disabilities Act). Customer will not make or
permit any unlawful use or handling ofthe Equipment.
(d) HAZARDOUS SUBSTANCES. (i) "Hazardous Substances" means hazardous, toxic, radioactive or bio-hazardous substances or petroleum products. (ii)
Customer will not use or store Hazardous Substances in the Equipment, except such substances and in such quantities as would be normal in the operation of a
commercial office. Customer will not locate the Equipment at a remediation or nuclear site or use the Equipment for medical laboratory testing. (iii) Ordinary
wear and tear does not include contamination by Hazardous Substances. If any returned Equipment is found to have been contaminated by Hazardous
Substances during Customer's possession, GECMS may charge Customer for the clean up or may require Customer to purchase the Equipment at the then current
market price charged for an uncontaminated unit.
(e) Customer agrees that the Equipment leased hereunder will not be occupied by any person other than Customer or its agents, employees or invitees. The
Equipment will not be used for residential or dormitory purposes.
5. NO WARRANTY FOR MERCHANT ABILITY OR FITNESS
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESS OR
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, ARE HEREBY EXCLUDED BOTH AS TO THE EQUIPMENT
AND AS TO ANY INSTALLATION, MAINTENANCE OR REPAIR WORK PERFORMED BY GECMS ON THE EQUIPMENT.
6. Limitation of Damages
Customer does hereby expressly waive any and all claims and demands for loss of profits or other alleged consequential, incidental or punitive damages arising
out of or in connection with this Lease. GECMS is not liable for any loss or damage to any property stored, located or transported in, upon, under or around any
Equipment and Customer does hereby waive any and all claims and demands for any such loss or damage.
e
GE Capita/Modular Space
modspace.com
Form:
US062998A
TERMS AND CONDITIONS OF LEASE AGREEMENT
7. End of Lease
(a) Unless specified otherwise, Customer must give GECMS sixty (60) days' prior written notice of the date on which the Equipment is to be returned.
(b) If Customer, without any further written agreement, continues to possess or occupy the Equipment after the expiration of the initial and any renewal term of
Lease, with or without consent of GECMS, Customer will then be deemed to have renewed this Lease on a month-to-month basis subject to such rate as GECMS
declares to be in effect (and in the absence of such declaration at the last monthly rate applicable to the Equipment), and GECMS may terminate such
month-to-month extensions at any time.
(c) If, at any time after the initial or any renewal term (or at GECMS's request at any time this Lease is on a month-to-month basis), GECMS requests the return
of the Equipment, Customer will return the Equipment to GECMS, within five (5) days, at GECMS's designated address, at Customer's sole cost. Missing
accessories, attachments or other items, repairs of any kind and restoration to original specifications whether due to Customer alterations or otherwise will
remain the sole responsibility of Customer, normal wear and tear excepted.
(d) Customer may terminate this Lease prior to the expiration of the Minimum Lease Period, subject to all terms and conditions of this Lease, and the Customer
will pay (in addition to tear-down and return charges) the following termination charges:
i) If Customer is the first user of the Equipment the remaining unpaid rental charges for the Minimum Lease Period;
ii) If Customer is not the first user: (A) if the Minimum Lease Period ("MLP") is less than three (3) rental months, four (4) times the Adjusted Weekly
Lease Charge ("A WLC"); (B) if the MLP is between three (3) rental months and six (6) rental months, inclusive, eight (8) times the A WLC; if the MLP is
more than six (6) rental months but one (I) year or less, twelve (12) times the A WLC; if the MLP exceeds one (I) year, fourteen (14) times the A WLC for
each year, or portion thereof, of the portion of the MLP cancelled.
iii) The "Adjusted Weekly Lease Charge" or "A WLC" means the Weekly Lease Charge less that portion representing amortization of any delivery, set-up,
teardown, return or similar one-time charges and customer-requested modifications not provided as a separate charge under the terms of this Lease (the
"Amortized One-Time Costs") In addition, Customer will pay in full the unpaid Amortized One-Time Costs. In no case will the termination charges be in
excess of the rental charge for the remainder of MLP.
8. Indemnification
Customer hereby specifically indemnifies, agrees to defend and holds harmless GECMSjts employees and agents from any and all Joss, claims, liabilities,
damages, fines, forfeitures, seizures, penalties and expenses (inc]uding attorneys' fees and investigative costs) (collectively "Losses") that may arise from or in
connection with:
(a) The loss of or damage to the Equipment prior to the Return Date because of collision, fire, lightning or theft, flood, windstorm or explosion, civil disturbance
or riot or any other peril or casualty;
(b) The death of or injury to, including but not limited to, damage to the property ot: any person (other than the Equipment) as a result of, in whole or in part, the
use or condition prior to the Return Date of the Equipment;
(c) Any act or omission of Customer in violation of this Lease;
(d) The actual or alleged storage, maintenance, use, handling, repair, or operation of the Equipment, prior to the Return Date, including but not limited to any
failure to use anchor straps, any work done on, or any materials supplied to or in connection with the operation, maintenance, possession or storage of the
Equipment and any loss or damage to anything stored in any oCthe Equipment; and
(e) Any damage to Customer's property or the property of any third parties incurred during or in connection with the fu]fillment of Customer's obligations by or
on behalf of GECMS or the repossession or return of Equipment by GECMS in accordance with the terms of this Lease.
The obligations contained in this Section 8 will survive expiration or termination of the term of this Lease and the Return Date. The indemnifications contained
in this Section 8 will apply to any Losseswhether they are asserted before or after the Return Date.
9. Insurance
(a) Customer, at Customer's sole cost, will procure and keep in full force and effect, from the initial delivery date until the return of all Equipment the following
policies of insurance satisfactory to GECMS as to the insurer and as to the form and amount of coverage, with premiums prepaid:
i) Commercial General Liability Insurance with a minimum combined single limit of $] ,000,000 per occurrence, written on an occurrence form, including
coverage for premises, operations, contractual liability, broad form property damage, independent contractors and personal injury liability, naming GECMS
as an addition a] insured.
ii) Commercial Property Insurance protecting against all loss and damages, at full replacement cost, sustained or suffered due to the Joss of or damage to the
Equipment as a result of collision, fire, lightning, theft, flood, windstorm,exp]osion or any other casualty, naming GECMS as a loss payee.
(b) Customer will deliver certiticates evidencing all such insurance to GECMS within fourteen (14) days after delivery of the Equipment to Customer's site, time
being of the essence; except that, if Customer elects to enroll in the Optional Insurance Program or the Damage Waiver Option, Customer will not have to
deliver certificates of insurance to GECMS for the type of risks covered by the Optional Insurance Program or Damage Waiver Option as elected by Customer.
Each certificate will state that such insurance will not terminate or be materially changed without thirty (30) days' prior written notice to GECMS.
(c) If Customer fails to deliver the insurance certificate as required by paragraph (b) on the date required, Customer will be in default under this Lease. In
addition to all the other remedies for default under this Lease, GECMS may (i) impose upon Customer a one-time fee for insurance processing of One Hundred
Dollars ($] 00) and (ii) assess as additional rent an uninsured lessee fee of ten percent (10%) of the monthly rental from the start of the lease term until the
required insurance certificate is delivered to GECMS.
(d) Obtaining insurance as described above, including the Optional Insurance Program, will not affect Customer's obligations and indemnities under this Lease,
and the loss, damage to, or destruction of any of the Equipment will neither terminate this Lease nor, except to the extent that GECMS is actually compensated
by insurance paid for by Customer, relieve Customer of any of Customer's liability under this Lease.
10. Optional Insurance and Damage Waiver
(a) In certain circumstances, Customer may choose (i) to enroll in an Optional Insurance Program to cover general ]iability risks (the "Optional Insurance
Program") or (ii) to accept a Damage Waiver Option to cover damage to the Equipment (the "Damage Waiver Option") or (iii) to elect both options. If the
Optional Insurance Program or the Damage Waiver Option is available and Customer, in writing prior to delivery of the Equipment to the site, elects to enroll in
the Optional Insurance Program or accept the Damage Waiver Option, then, Section 10(b) will apply if Customer elects to enroll in the Optional Insurance
Program and, Section lO(c) will apply if Customer accepts the Damage Waiver Option.
(b) The Optional Insurance Program is fully described in an Outline of Coverage ("the "Outline of Coverage") which Customer has received and reviewed prior
to any election to enroll in the Optional Insurance Program. All questions regarding the Optional Insurance Program will be answered by the qualified licensed
insurance agent identified in the Outline of Coverage. If Customer properly elects to enroll in the Optional Insurance Program, so long as such coverage is still
ill full force and effect, Customer will not be required, under this Lease, to carry additional commercial liability insurance as required by Section 9(a)(i).
(c) If the Damage Waiver Option is properly elected and so long as Customer timely pays the additional fee specified for such Damage Waiver Option,
Customer will not be required, under the terms of this Lease, to carry any additional commercial property insurance as required by Section 9(a)(ii) and Customer
will not be liable to GECMS in excess of $500 per unit of Equipment for loss or damage specified in Section 8(a), except Customer will not be relieved of
liability if Customer violates any other provision of this Lease. THE DAMAGE WAIVER IS NOT INSURANCE COVERAGE.
(d) Customer's coverage under the Optional Insurance Program or acceptance of the Damage Waiver Option may be cancelled by either party and rates for
coverage under the Optional Insurance Program or fees for the Damage Waiver Option may be changed upon thirty (30) days' prior written notice. If the
Optional Insurance Program or Damage Waiver Option is, for any reason, cancelled, Customer will provide to GECMS evidence of policies of insurance as set
forth in Sections 9(a)(i) or 9(a)(ii), as appropriate, within ten (10) days prior to the effective date of such cancellation.
(e) The coverage provided under the Optional Insurance Program and the limitation of liability under the Damage Waiver Option does not extend to the
transportation of Equipment or its contents and, only extends to Equipment installed on ground level.
(t) The Damage Waiver Option will not be binding upon GECMS unless any loss, damage, injury or claim is reported to GECMS in writing within seventy-two
(72) hours of the occurrence of any such event. Customer will also provide any information in regard to such event that GECMS reasonably requests.
e
GE Capita/Modular Space
modspace.com
Form:
US062998A
TERMS AND CONDITIONS OF LEASE AGREEMENT
] 1. Default
The occurrence of one or more of the following in clauses (a) - (e) below will constitute an Event of Default under this Lease:
(a) Customer fails to pay when due any rental payment or any other payment due under this Lease or fails to perform its obligations under Section 9 of this Lease;
(b) Customer fails to perfonn or observe any other term or condition under this Lease and such failure remains unremedied for more than ten (10) days after such
failure to perform or observe;
(c) Customer or any person or entity which controls more than fifty percent (50%) of Customer's equity (a "Control Person") or any guarantor of any of
Customer's obligations hereunder (a "Guarantor") (i) becomes insolvent, (ii) becomes subject to any voluntary or involuntary bankruptcy or reorganization
proceedings, (iii) commits an act of bankruptcy, (iv) makes an assignment for the benefit of creditors, (v) appoints or submits to the appointment of a receiver for
all or any of its assets, (vi) admits in writing its inability to pay its debts as they become due or (vii) enters into any type of voluntary or involuntary liquidation
or dissolution;
(d) Customer, any Control Person or any Guarantor defaults under any other agreement with GECMS or any affiliate of GECMS; and
(e) Any letter of credit, guaranty or other security given to secure the perfonnance of Customer's obligations under this Lease expires, terminates or in the
reasonable opinion of GECMS becomes worthless.
Upon the occurrence of an Event of Default, GECMS will have the option to declare the entire balance of rent for the remainder of the stated lease term
immediately due and payable and to accelerate and make immediately due and payable any other amounts owing under this Lease. GECMS will also have the
option to retake and retain any or all of the Equipment free of all rights of Customer without any further liability or obligation to redeliver any of the Equipment
to Customer, and Customer hereby grants GECMS the right to enter upon any premises where all or any of the Equipment is located in order to take possession
of and remove such Equipment. (Notwithstanding the foregoing, if an Event of Default occurs under clause (c) above, such accelerations will occur
automatically without the need for declaration.) Customer will pay to GECMS on demand all fees, costs and expenses incurred by GECMS in enforcing its
rights under this Lease, including without limitation reasonable attorneys' fees. The remedies provided in favor of GECMS will be cumulative and in addition to
all other remedies provided in this Lease or existing at law or in equity. No action taken by GECMS pursuant to this Section 11 or Section ]3 will release
Customer from Customer's covenants, obligations and indemnities provided under this Lease, including but not limited to Customer's obligation for the payment
of rentals provided in this Lease.
If GECMS retakes possession of the Equipment or any part of the Equipment and there is at the time of such retaking, in, upon or attached to such repossessed
Equipment, any other property, goods or things of value owned by Customer or in the custody or control of Customer, GECMS is authorized to take possession
of such other property, goods or things and hold the same for Customer, at Customer's sole cost, either in GECMS's possession or in public storage, at GECMS's
sole discretion.
]2. GECMS' Right To Cure
If Customer defaults in any of its obligations under this Lease, whether or not an Event of Default then exists, GECMS may pay all amounts or perfonn or cause
to be performed all obligations required to be paid or performed by Customer under this Lease and recover from Customer as additional rent all amounts so paid
or the reasonable value of all services so performed.
13. Set-Off
Without limiting any other provision of this Lease, upon the occurrence of an Event of Default, GECMS will have the immediate right, without notice, demand
or other action, to set-off against Customer any amounts GECMS may hold as prepayments or deposits for GECMS liabilities to Customer whether or not then
due to Customer. Unless otherwise prohibited by law, GECMS will be deemed to have exercised such right to set-off and to have made a charge against any
such sums immediately upon the occurrence of any EventofDefault by Customer.
14.Assignment, Amendment, Modification, Miscellaneous
(a) Customer will not have the right to assign this Lease or to sublet, rent or otherwise hire out or transfer possession of any of the Equipment to any person or
entity other than GECMS, without the prior written consent of GECMS. GECMS may assign this Lease and the rentals reserved under this Lease. If GECMS
makes such an assignment, the assignee will acquire all rights and remedies possessed by or available to GECMS under this Lease.
(b) This Lease contains the entire agreement between the parties pertaining to the subject matter of this Lease. No agreements, representation or understandings
not specifically contained in this Lease will be binding upon any of the parties hereto unless reduced to writing and signed by the parties to be bound thereby.
Any amendment, modification or addendum to this Lease will not be binding on GECMS unless signed by an authorized officer ofGECMS. This Lease will be
governed as to its construction, interpretation and effect by the laws of the Commonwealth of Pennsylvania without regard to principles of choice oflaws.
g GE Capital Modular Space
Addendum to GE Capital Modular Space Lease Agreement
This addendum is hereby included and made a part ofGE Capital Modular Space ("GECMS") Lease
Agreement Nos. 956902 and 956906, which was issued by "GE Capital Modular Space a division of
Transport International Pool, Inc." ("GECMS") to "City ofColleyville" ("Customer"). In the event of
conflict, the terms and conditions contained herein shall be considered binding and supersede those
contained in the GECMS Lease Agreement Nos. 956902 and 956906.
The parties hereby agree and understand that:
1. Section 2(a). Line 8. Delete the words "in advance" and insert the words "in arrears".
2. Section 2(d). Delete in its entirety. Insert the following: "Irregardless of what is stated anywhere else
in this lease, the Customer shall have the option to renew the lease for one six -month term at the same
rate and terms and conditions contained in his lease. Upon the end of this six month renewal term, the
Customer has the right to renew the lease on a month-to-month basis for an additional six-month term."
3, Section 4(d), Line 4. Delete the last sentence and insert the following: "If any returned Equipment is
found to have been contaminated by hazardous substances during the Customer's possession and the
contamination was caused by a condition not the responsibility of GECMS, then GECMS may charge
customer for clean-up in a type and method of testing and cleaning satisfactory to GECMS, or
GECMS shall have the option to require Customer to purchase the Equipment at the then current retail
market price for an uncontaminated unit of similar type, age and quality. GECMS shall be responsible
for any contamination caused by a condition created by GECMS or as a result of their breach of the
provisions of this Agreement."
4. Section 6, Insert the following at the beginning of the section: "GECMS and". Delete the word "does
and insert the word "do".
5. Section 8. Insert the following before the section: "Except for GECMS negligence or willful
misconduct". Add the following as Section 8(t): "GECMS will indemnify the Customer against loss,
cost, expense or liability to the extent that the cause or causes of such loss, cost, expense or liability
results from the negligence or willful misconduct ofGECMS, Such obligation of indemnity shall apply
to the GECMS period of performance of the delivery, repair services, and installation services on the
project site."
6. Section 11, Line 1, After the word "below" insert the words "upon ten (10) days written notice to the
Customer by GECMS".
7, Section 14(b). Line 4. Delete the words "Commonwealth of Pennsylvania" and insert the words "State
of Texas".
With the exception of the above, all other terms and conditions contained in such Agreement remain
binding upon the parties.
"City of Colleyville"
Authorized Signature:
Name & Title:
Date:
"GE Capital Modular Space a division of Transport International Pool, Inc,"
Authorized Signature: Date:
Name & Title:
~1
"ffiO'o\ ~ ~1
~~~C?". MOBILE MODULAR MANAGEMENT CORPORATION
""'...."'~..' 4445 East Sam Houston Pkwy South, Pasadena, TX 77505 Ph 281-487-9222 Fax 281-487-1289
www.MobileModularRents.com
Lease Term (Mos"'.): 12 Sales Rep: William Yandell Date Printed: 10/29/011
Start Date: 11/16/01 Email: wyandell@MobileModularRents.com I
Site information:
Colleyville
LLOYD WOOD 817-281-4044
5400 BRANSFORD ROAD, Colleyville, TX
County: TARRANT
PO #: MMMC LEASE AGREEMENT
OCT. 29 2iJiJl 3 iJ3PM
Lease#: 311195
MOBILE MODULAR
~J, ()' :: 0 r:: ,)
r . '0 iJ I) ,J
P. 2
SPEED LEASE AGREEMENT
rev 3
Lessee:
CITY OF COLLEYVILLE
5400 SRANSFORD ROAD
COLLEYVILLE, TX 76034
Collin Boothe
Ph (817) 577-7589
Fax: (817) 577-7555
Charges
1. First/Mo-rent'"
2, Delivery
3. Block/level
4. Modifications
5. Skirting
6. Ramps
7, Tiedowns
8. Other / mise
$1,380.00
$0.00
$0,00
$0.00
$0,00
$0.00
$0.00
$0.00
9, Furniture
10. Security Deposit"''''
Subtotal of #'5 1 - 10:
Amount subject to tax:
Tax rate"'''''':
Tax:
$0.00
$0,00
$1,380.00
$1,380.00
0.000%
$0.00
11. Return DelivelY
12. Dismantle
13, Cleaning Fee
$1,575.00
$1,800.00
$0.00
* This lease agreement defines a month as
30 calendar days
.. Security Deposit to be applied agalns1
account balances at end of lease
... Actual tax rate at time of delivery will be
charged
PLEASE REMIT
THIS AMOUNT >>
$1 ,380,00
Special Notes; Customer has option to renew at same rate for an additional 6 months at the same terms and
conditions as are provided in this lease agreement, Customer may continue to lease the building on a month.to-
month basis beyond this option period, Customer may opt not to renew the lease at the end of the initial period by
giving the Lessor 60 days written notice,
Prices mav be adjusted for unknown circumstances. e.a. driver wa/tlnct time, Diiot car reQuirements, sDecial permits, difficult site,increases in
fuel prices. labor increases. etc.
Have your insurallce company comply wrth Terms and ConditlollS #11 unless waived. Skirting and SeismictlVllid lestI8mt(s) priCing
does not Include removal/disposal unless noted otherwise. Please treat our equipment with respect All damages ether than normal
usage will be billed for at the end of lease.
This transaction is subject to credit approval, all Attachments noted below, and to the Terms and Cond'tions which are made a part
hereof, which customer acknowledges that he/she has received and read, Customer acknowledges that a Fax copy of this
agreement With signature is legally binding,
Insurance value: $78,095
Nominal Building Box Size
2B x 72
sn-063A c/I-3B703
sn-0638 c/I-3B704
Please sian below and fax back to us at; (281)-487-1289
See: Attachments A, B and Terms and Conditions of the MMMC Speed
Lease Agreement
Lessee: CITY OF COLLEYVILLE
The Undersigned affirms that he/she is duly authorized to sign and
commit to this Agreement for the above named customer.
Please Print Name:
Mobile Modular Management Corporation (MMMC)
Sales Rep:
Date:
Accepted By (X):
!'ev, 9/00
Date:
Please remit payment to: McGrath RentCorp-Mobile Modular, P.O. Box 45043, San Francisco, CA 94145-0043
IMPORTANT: MMMC REQUIRES A MINIMUM OF 30 DAYS NOTICE ON ALL RETURN DELIVERIES
Terms and Conditions
Of the Mobile Modular Management Corporation Speed Lease Agreement
1. LEASE: Mobile Modular Management Corporation ("MMMC") leases to Lessee, and Lessee leases from MMMC, the Equipment
listed above and any Equipment listed on "Exhibit A" if attached hereto ("Equipment"), on the tenns and conditions set forth herein.
2. LEASE TERM: This Lease shall commence on the Lease Start Date specified above, and shall continue thereafter for the number of
months specified under Tenn above, (this lease agreement defines a month as 30 calendar days). Lessee is responsible for making all
of the Tenn payments shown on the lease agreement under please remit this amount, regardless of whether Lessee surrenders the
Equipment to MMMC prior to the completion of the Tenn stated above. MMMC shall not be liable to Lessee for any failure or delay in
obtaining, delivering or setting up the Equipment. In the event MMMC is responsible for delay in obtaining, delivering or setting up the
Equipment, the Lease Start Date shall be deemed to be revised to the date that MMMC completes setting up the Equipment. If any delay in
delivery or setting up the Equipment is caused by failure of the site to be ready or for any other reason not solely the responsibility of
MMMC, this Lease shall commence as of the Lease Start Date notwithstanding such delay.
3. WARRANTIES; DISCLAIMER: MMMC warrants to Lessee that the Equipment, when delivered and set up, will (a) be in good
condition and repair, (b) be properly set up (subject to any site limitations), and (c) comply with all applicable regulations of the State of
Texas. Lessee acknowledges and agrees that, with the exception of the foregoing warranties, MMMC HAS MADE NO WARRANTIES
OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, RELATING TO ANY OF THE MATTERS CONTAINED IN
THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS
MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
4. DELIVERY, LOCATION AND RETURN OF EQUIPMENT; HOLDING OVER; LEASE EXTENSION; INSPECTION OF
EQUIPMENT UPON RETURN: MMMC shall deliver and set up the Equipment at the location specified above. The Lessee is
responsible for providing clear access to the set up site or other location designated by the Lessee, for delivery of the Equipment, by
standard delivery methods. The Lessee is also responsible for providing clear access surrounding the site for set up of the Equipment, by
standard set up methods.
The Equipment shall remain so set up at that location, and shall not be moved to a new location without the prior written consent of
MMMC.
At the conclusion of the lease term, Lessee shall, at his expense, prepare the Equipment for dismantle. Preparing the equipment for
dismantle includes but is not limited to, removing all customer owned furniture, office equipment, etc., disconnecting all utilities, and
removing any items that may hinder the dismantle of the Equipment, by standard dismantle methods. The Lessee is also responsible for
providing clear access for the pick up and return delivery of the Equipment from the set up site, by standard return delivery methods.
MMMC shall pick up the Equipment upon advance payment of the dismantle and return delivery charges specified above. In the event
Lessee fails to prepare the Equipment for pick up or make the required payment of dismantle and return delivery charges at the conclusion
of the lease term, unless Lessee and Lessor have entered into a lease extension, Lessee shall be deemed to be holding over on a day-to-day
basis and on the same tenns and conditions as this Lease, but at a daily rate equal to 5% of the monthly rate specified above.
In the event Lessee extends the lease term beyond the lease tenn stated above, MMMC may establish a revised rental rate for such extended
tenn and will commence invoicing at such revised rate on the next invoice following completion of the initial or preceding tenn, Dismantle
and retwn delivery charges may also be revised by MMMC for such extended tenn.
Upon return of the equipment to MMMC's inventory center, an inspection of the equipment will be perl"onned by MMMC. All damages or
other needed work to return the equipment to the condition in which it was provided to the Lessee will be billed for after the completion of
the inspection report. The exception ofnonnal wear and tear will be the opinion ofMMMC and excluded only by MMMC.
5. SECURITY DEPOSIT: The security deposit is to be held by MMMC without liability to MMMC for interest, as security for Lessee's
faithful perl"onnance of the tenns and conditions of this Lease, as well as to indemnify MMMC, to the extent thereof, for any damages,
costs expenses or attorney fees which MMMC may incur by reason of Lessee's default hereunder. In the event of Lessee's default,
MMMC may apply the Security Deposit in payment of its costs, expenses and attorney fees in enforcing the tenns of this Lease and to
indemnifY Lessor against any damages sustained by MMMC, provided, however, nothing herein contained shall be construed to mean that
the recovery of damages by MMMC shall be limited to the amount of the Security Deposit. In the event all or any portion of the Security
Deposit is applied as aforesaid, Lessee shall deposit additional amounts with Lessor so that the Security Deposit shall always be maintained
at its original amount. Provided Lessee is not in default hereunder, upon the termination of the Lease, and the return of the Equipment to
MMMC in the same condition provided to the Lessee, any unexpended balance of the Security Deposit will be applied against any monies
owed for services rendered under this Lease and any balance shall be returned to Lessee.
6. EQUIPMENT: Lessee hereby acknowledges and agrees: (a) that the Equipment will be used only for office space, light storage or
classroom facilities and for no other purpose without the prior written consent of MMMC; (b) that MMMC shall be authorized to insert in
this Lease the serial number and other identification data relating to the Equipment when ascertained by MMMC; (c) that Lessee shall
maintain the Equipment in good condition and repair; (d) that Lessee shall not make any alterations, modifications, additions, or
improvements to the Equipment without MMMC's prior written consent; (e) that MMMC may at any reasonable time, enter upon the
premises of Lessee for the purposes of (I) inspecting the Equipment or posting "Notices of Non-Responsibility" or similar notices thereon,
or (2) photographing the Equipment, including any items or occupants within or surrounding the Equipment, for promotional or other
purposes; and (f) Lessee shall have the sole responsibility for any utility or other COIUlections to the
Equipment.
7. ASSIGNMENT: Lessee will not assign, convey, transfer, or hypothecate his interest, or any part thereof, in and to this Lease, whether
voluntarily or involuntarily, without the prior written consent ofMMMC; and upon any such attempted assigmnent, conveyance, transfer,
or hypothecation, whether voluntary or involuntary, MMMC may, at its option, tenninate this Lease. MMMC may, at its option and
without the prior approval of Lessee, transfer, convey, assign or hypothecate its interest or any part thereof, in and to this Lease. It is
understood and agreed by Lessee that MMMC may be acting as an agent for the true owner of the Equipment, and that such true owner, if
any, shall have all the rights and protection ofMMMC hereunder.
MMMC Speed Lease Agreement Terms and Conditions Page 1 of 3
8. PAYMENTS: Lessee agrees to pay to MMMC (at the office of MMMC or to such other person or at such other place as MMMC may
from time to time designate to Lessee in writing) each payment specified herein on a net invoice basis without demand by MMMC. All
payments due from Lessee pursuant to the tenns of this Lease shall be made by Lessee without any abatement or setoff of any kind
whatsoever arising from any cause whatsoever. If Lessee fails to maintain the insurance required by Section 11 below or fails to pay taxes
and charges pursuant to Section 9 below, MMMC shall have the right, but not the obligation, to obtain such insurance and/or make such
payments. In the event that MMMC makes such payment(s), Lessee shall reimburse MMMC for such costs as invoiced by MMMC. If
any payment is not received by MMMC within five (5) days from the date due specified on the invoice, Lessee shall pay MMMC interest at
the rate of EIGHTEEN PERCENT (18%) per annum (or at the maximum rate permitted by applicable law, ifless) on such payment until
received. In order to reimburse MMMC for resulting administrative expenses, Lessee shall also pay a late charge of TWENTY FIVE
DOLLARS ($25.00) for each delinquent payment each and every month that such payment(s) remain(s) delinquent.
9. TAXES AND LIENS: Lessee agrees to keep the Equipment free of all levies, liens or encumbrances. Lessee shall, in the manner
directed by MMMC, (a) make and file all declarations and returns in connection with all charges, fees and taxes (local, state and federal)
levied or assessed either upon Lessee or MMMC, or upon the ownership, leasing, rental, sale, possession, use, or operation of the
Equipment, and (b) pay all such charges, fees and taxes. However, MMMC shall pay all local, state or federal net income taxes relating to
this Lease.
10. LOSS OR DAMAGE: Until the Equipment is returned to MMMC, Lessee assumes all risk of loss or damage to the Equipment and
agrees to indemnifY and hold MMMC hannless from any loss resulting from theft, destruction or damage to the Equipment. Should any of
the Equipment damaged be capable of repair, this Lease shall not tenninate, but at Lessee's cost and expense the Equipment shall be
repaired and restored to its condition existing prior to such damage. In the event any of the Equipment is damaged beyond repair or is lost,
stolen or wholly destroyed, this Lease shall cease and terminate as to such Equipment as of the date of the event, accident or occurrence
causing such loss or des1ruction, and Lessee shall pay Lessor within thirty (30) days thereafter, an amount equal to the replacement value
of the Equipment as stated in this Lease, Lessee shall be entitled to the benefit of the proceeds from any insurance recovery received by
MMMC, up to an amount equal to that paid to MMMC pursuant to this paragraph.
11. INSURANCE: Lessee shall provide, maintain, and pay all premiums for insurance covering the loss, theft, destruction, or damage of
the Equipment in an amount not less than the full replacement value as stated in this Lease, naming MMMC as loss payee of the proceeds
(unless MMMC has waived this requirement by initialing here ( ), and Lessee has agreed to a charge for such waiver as noted on
the face of this Lease. Lessee shall also provide, maintain, and pay all premiums for public liability insurance (minimum of $1,000,000
per occurrence), naming MMMC as an additional insured All insurance shall be in a fonn and with a company satisfactory to MMMC,
and shall not be subject to cancellation without thirty- (30) day's prior, written notice to MMMC. Lessee shall deliver to MMMC
insurance policies, or certificates of insurance proving the existence of all policies, meeting the above requirements.
12. WAIVER AND INDEMNIFICATION: Lessee and Lessor hereby waives and releases all claims against Lessee and Lessor for loss
of or damage to all property, goods, wares and merchandise in, upon or about the Equipment, and for injuries to Lessee or lessor, Lessee's
or lessor's agents and third persons, irrespective of the cause of such loss, damage or irtiury. Under no circumstances shall either party be
liable to the other for any special, incidental or consequential damages resulting from lease or use of the Equipment, including, but not
limited to, loss of business or profrts. Lessee and lessor agrees to indenmify and hold harmless either party from and against any and all
losses, liabilities, costs, expenses (including attorney fees), claims, actions, and demands arising out of the maintenance, or use of the
Equipment by Lessee or lessor, its employees, agents or any person invited, suffered or permitted by Lessee or lessor to use or be in, on or
about the Equipment.
13. DEFAULT: (a) Events of Default: Lessee shall be in default under this Lease upon the happening of any of the following events or
conditions and the continuation of such event or condition for 10 days following written notice of said default by lessor to lessee: (1)
default by Lessee in making any required payment to MMMC and the continuance of such default for ten (to) consecutive days; (2)
default by Lessee in the perfonnance of any obligation, covenant or liability contained in the Lease or any other agreement or document
with MMMC and the continuance of such default for ten (to) days after written notice, thereofby MMMC to Lessee; (3) any warranty,
representation or statement made or furnished to MMMC by or on behalf of Lessee proves to have been false in any material respect when
made or furnished; (4) loss, theft, damage, destruction or the attempted sale or encumbrance by Lessee of any of the Equipment, or any
levy, seizure or attaclunent thereof or thereon; or (5) Lessee's dissolution, termination of existence, discontinuance of business, insolvency,
or business failure; or the appointment of a receiver of any part of, the assignment for the benefit of creditors by, or the commencement of
any proceedings under any bankruptcy, reorganization or arrangement laws by or against, Lessee.
(b) Remedies of MMMC: Upon the occurrence of any of the above events of default and any time thereafter, MMMC may, without
notice, exercise one or more of the following remedies, as MMMC, in its sole discretion shall elect: (1) declare all unpaid lease payments
under this Lease to be immediately due and payable; (2) tenninate the Lease as to any or all items of the Equipment; (3) take possession of
the Equipment wherever found, and for this pUIpose enter upon any premises of Lessee and remove the Equipment, without any liability for
suit, action or other proceedings by Lessee; (4) direct Lessee at his expense to promptly prepare the Equipment for pickup by MMMC; (5)
use, hold, sell, lease or otheIWise dispose of the Equipment or any item thereof on the premises of Lessee or any other location without
affecting the obligations of Lessee as provided in this Lease; (6) sell or lease the Equipment or any part thereof by public or private sale or
lease at such time or times and upon such tenns as MMMC may detennine, free and clear of any rights of Lessee (if notice of sale is
required by law, notice in writing not less than ten (to) days prior to the date thereof shall constitute reasonable notice to Lessee); (7)
proceed by appropriate action either in law or in equity to enforce performance by Lessee of the tenus of this Lease or to recover damages
for the breach hereof; (8) exercise any and all rights accruing to MMMC under any applicable law upon default by Lessee. In addition,
MMMC shall be entitled to recover immediately as damages, and not as a penalty, a sum equal to the aggregate of the following: (1) all
unpaid payments as are due and payable for any items of Equipment up to the date ofrepossession by MMMC; (2) any expenses paid or
incurred by MMMC in connection with the repossession, holding, repair and subsequent sale, lease or other disposition of the Equipment,
including attorney's fees and other reasonable costs and expenses; (3) an amount equal to the excess of (a) all unpaid payments for any
item of Equipment repossessed by MMMC from the date thereof to the end of the tenn of this Lease over (b) the fair market value of such
item or items of Equipment for such unexpired lease period (provided however, that the fair market lease value shall be deemed to not
exceed the proceeds of any sale of the Equipment or lease thereof by MMMC for a period substantially similar to the unexpired lease
period); and (4) the replacement cost of any item of Equipment which Lessee fails to prepare for return to MMMC as provided above or
converts or is destroyed, or which MMMC is unable to repossess.
MMMC Speed Lease Agreement Terms and Conditions Page
2of3
14. MEDIATION; ARBITRATION: Lessee agrees to abide by Lessor's option to have any claims, disputes, or controversies arising out
of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach
thereof, referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including
arbitration. If mediation fails to resolve the claims, disputes or controversies between Lessor and Lessee, Lessee and lessor agrees to abide
by Lessee and Lessor's option to have the claims, disputes or controversies referred to binding arbitration.
15. LEGAL ACTION: It is agreed that the proper venue tor any legal action relating to this Lease shall be Tarrant County, State of
Texas. The prevailing party shall be entitled to recover reasonable attorney's fees and court costs, whether or not the action proceeds to
judgment.
16. FINANCING STATEMENT: At the request of MMMC, Lessee will join MMMC in executing financing statements pursuant to the
applicable Conunercial Code and such other instruments or assurances as MMMC deems necessary to protect MMMC's interest in the
Equipment. Lessee authorizes MMMC and MMMC's assignee or transferee and each subsequent assignee or transferee to file fmancing
statements signed only by MMMC or such assignee or transferee in all jurisdictions where such authorization is permitted by law.
17. OWNERSHIP AND MARKING OF EQUIPMENT: Title to the Equipment shall remain in MMMC (or its principal) and, Lessee
will not remove the same without the prior written approval of MMMC. Excepting only as may be granted in a separate writing signed by
MMMC, no option or other right to purchase the Equipment is granted or implied by this Lease to Lessee or any other person. The
Equipment shall remain and be deemed to be personal property, whether attached to realty or not, and upon termination of this Lease,
Lessee shall have the duty and MMMC shall have the right to remove the Equipment whether or not affixed to any realty or building
without any liability to MMMC for damage to the realty or building caused by the removal of the Equipment. Any replacement,
substitutes, accessories or parts, whether placed upon the Equipment or not, whether made a component part thereof or not, shall be the
property ofMMMC and shall be included under the terms of this Lease.
18. COMPLIANCE WITH LAW: Lessee assumes all responsibility for any and all licenses, clearances, permits and other certificates as
may be required for Lessee's lawful operation, use, possession and occupancy of the Equipment. Lessee agrees to fully comply with all
laws, rules, regulations and orders of all local, state and federal govenunental authorities which in any way relate to the Equipment; and to
indemnifY and hold MMMC hannless from any and all fmes, forfeitures, seizures, penalties or other liabilities that may arise from any
infringement or violation of any such law, rule, regulation or order. Lessee shall pay the cost of all license and registration fees and
renewals thereof
19. STANDARD PROVISIONS: Time is of the essence of each and every provision of this Lease. Failure ofMMMC to enforce any
tenn or condition of this Lease shall not constitute a waiver of subsequent defaults by Lessee, nor shall it, in any manner, affect the rights of
MMMC to enforce any of the provisions hereunder. The invalidity or unenforceability of any provision of this Lease shall not affect the
validity or enforceability of any other provision. This Lease shall be governed by and construed in accordance with the laws of the State of
Texas. This Lease, including any initialed amendments and attaclunents and schedules hereto, constitute the entire agreement between
MMMC and Lessee and may not be amended, altered or modified except by a writing signed by both MMMC and the Lessee.
MMMC Speed Lease Agreement Terms and Conditions Page
3 on
cc~~@
CITY COUNCIL 'm$ AGENDA BRIEFING
For mta. : 11/07/01 CMO Approval:
Item # :
3e
Resolution #:
R-01-1858
Previous Action: None
DEPT. :
CITY COUNCIL
SUBJECT:
Approval of FY 2002 Agency Agreements
including Tarrant County Challenge, Inc.,
Colleyville Heritage High School (CHHS) Project
Graduation, Grapevine High School (GHS) Project
Graduation, Keller High School (KHS) Project
Graduation, Alliance for Children, Colleyville Area
Chamber of Commerce, Metroport Meals on
Wheels (MMOW), Arts Council of Northeast
Tarrant County, Women's Haven, Grapevine
Relief and Community Exchange (GRACE),
Women's Shelter, Transportation Excellence for
the 21st Century (TEX-21) and Colleyville Proud -
by Consent
Reading and Public Hearing
Backqround
During each budget cycle, the City Council receives funding requests from area
agencies for consideration and approval.
~
CITY MANAGER
~~ Y>>u/~
D PARTMENT HEAD
( continued)
FINANCIAL REVIEW (IF NECESSARY)
--,.------,,-_.-._~"~-'~...~.,,_._--'-~~.__.__._-----'-_._._-'-.-_._._~..,._'.~_...'.,,_._._",-
The FY2002 budget allocates funding to the following agencies:
Tarrant County Challenge, Inc.
Colleyville Heritage High School (CHHS) Project Graduation
Grapevine High School (GHS) Project Graduation
Keller High School (KHS) Project Graduation
Alliance for Children
Colleyville Area Chamber of Commerce
Metroport Meals on Wheels (MMOW)
Arts Council of Northeast Tarrant County
Women's Haven
Grapevine Relief and Community Exchange (GRACE)
Women's Shelter
Transportation Excellence for the 21st Century (TEX-21)
Colleyville Proud
Agenda Briefing
Resolution R-01-1858
Page 2 of 3
$ 1,980
$ 1,000
$ 1,000
$ 200
$ 3,200
$ 3,775
$10,000
$ 7,1 00
$ 500
$ 500
$ 500
$ 2,500
$ 3,500
We are currently working with area cities to review funding allocations for the Northeast
Transportation Service (NETS); therefore, approval of this agency agreement will be
considered in the future.
Financial Impact
Monies were allocated in the FY2002 budget.
Recommendation
Approval of FY2002 Agency Agreements
Attachments
. Tarrant County Challenge, Inc.,Agreement (paper only)
. Colleyville Heritage High School (CHHS) Project Graduation Agreement (paper only)
. Grapevine High School (GHS) Project Graduation Agreement (paper only)
. Keller High School (KHS) Project Graduation Agreement (paper only)
. Alliance for Children Agreement (paper only)
. Colleyville Area Chamber of Commerce Agreement (paper only)
. Metroport Meals on Wheels (MMOW) Agreement (paper only)
. Arts Council of Northeast Tarrant County Agreement (paper only)
. Women's Haven Agreement (paper only)
Agenda Briefing
Resolution R-01-1858
Page 3 of 3
. Grapevine Relief and Community Exchange (GRACE) Agreement (paper only)
. Women's Shelter Agreement (paper only)
. Transportation Excellence for the 21st Century Agreement (paper only)
. Colleyville Proud Agreement (paper only)
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
TARRANTY COUNTY CHALLENGE, INC.
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Tarrant County Challenge, Inc. (hereinafter referred to as "Challenge").
RECITALS:
A. The City is a Charter municipality in the State of Texas. The City desires to engage
Tarrant County Challenge, Inc. to provide substance abuse assistance through the
Tarrant Youth Recovery Campus, acting by and through its duly authorized City
Manager.
B. Challenge is a substance abuse facility opened to serve our community's youth,
which suffer from the disease of addition, acting by and through its duly authorized
Program Director.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this
agreement, the City hereby engages Challenge, and Challenge agrees to be
engaged by the City, to perform the services described below.
2. Term. The term of this agreement shall begin on the date that it is executed
by both parties and shall terminate on September 30, 2002.
3. Termination. Either party may terminate this agreement by notice in writing.
to the other party in the event that the other party fails timely to perform its
obligations and duties hereunder and the other party, within ten (10) days
from the date that the other party receives notice specifying the obligations
and duties it has failed to perform, fails to cure such non-performance.
4. Duties of Challenae. To provide a substance abuse facility for our
community's youth, who suffer from the disease of addition.
5. Duties of the City. To provide $1,980 for above stated services for one
year.
6. Amendment. This agreement may be modified by written amendment
executed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of ,2001.
City of Colleyville
By:
Donna Arp
Mayor
Tarrant County Challenge Inc.
By:
Tarrant Youth Recovery Campus
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE AND
COLLEYVILLE HERITAGE HIGH SCHOOL
PROJECT GRADUATION CELEBRATION
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Project Graduation Celebration (hereinafter referred to as the "Project").
RECITALS
A The City is a Charter municipality in the State of Texas. The City desires to engage
the Project to arrange an alcohol- and drug-free social event for the graduating
seniors of Colleyville Heritage High School and their guests in order to promote a
safe environment for our youth and reduce the need for law enforcement actions.
B. The Project has successfully sponsored this event over several years and has
expressed its intent to continue its efforts.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages the Project, and the Project agrees to be engaged by the City,
to perform the services described below.
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on July 1, 2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free
social event to be held in conjunction with the Colleyville Heritage High School
graduation in the sprin9 of 2002, open to participation by Colleyville Heritage High
School graduating seniors and their guests. The Project will provide the location,
refreshments, chaperones and all other required arrangements. The Project will
provide the City with a written report of the event expenditures, the number of youth
attending and a general evaluation of its impact on creating a safe environment for
the youth of the community.
5. Duties and Obliaations of the City. For the Project's services, the City agrees to
pay a lump sum of $1,000 to the Project within thirty days of execution of this
agreement.
6. Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville,
Texas, this day of ,2001.
City of Colleyville
By:
Donna Arp
Mayor
Project Graduation Celebration
By:
Colleyville Heritage High School
Treasurer
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE AND
GRAPEVINE HIGH SCHOOL
PROJECT GRADUATION CELEBRATION
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Project Graduation Celebration (hereinafter referred to as the "Project").
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to engage
the Project to arrange an alcohol- and drug-free social event for the graduating
seniors of Grapevine High School and their guests in order to promote a safe
environment for our youth and reduce the need for law enforcement actions.
B. The Project has successfully sponsored this event over several years and has
expressed its intent to continue its efforts.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages the Project, and the Project agrees to be engaged by the City,
to perform the services described below.
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on July 1, 2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free
social event to be held in conjunction with the Grapevine High School graduation in
the spring of 2002, open to participation by Grapevine High School graduating
seniors and their guests. The Project wil provide the location, refreshments,
chaperones and all other required arrangements. The Project will provide the City
with a written report of the event expenditures, the number of youth attending and a
general evaluation of its impact on creating a safe environment for the youth of the
community.
5. Duties and Obliaations of the City. For the Project's services, the City agrees to
pay a lump sum of $1,000 to the Project within thirty days of execution of this
agreement.
6, Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville,
Texas, this day of ,2001.
City of Colleyville
By:
Donna Arp
Mayor
Project Graduation Celebration
By:
Grapevine High School
Treasurer
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE AND
KELLER HIGH SCHOOL
PROJECT GRADUATION CELEBRATION
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Project Graduation Celebration (hereinafter referred to as the "Project").
RECITALS
A The City is a Charter municipality in the State of Texas. The City desires to engage
the Project to arrange an alcohol- and drug-free social event for the graduating
seniors of Keller High School and their guests in order to promote a safe
environment for our youth and reduce the need for law enforcement actions.
B. The Project has successfully sponsored this event over several years and has
expressed its intent to continue its efforts.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages the Project, and the Project agrees to be engaged by the City,
to perform the services described below.
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on July 1, 2002.
3, Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free
social event to be held in conjunction with the Keller High School graduation in the
spring of 2002, open to participation by Keller High School graduating seniors and
their guests. The Project will provide the location, refreshments, chaperones and
all other required arrangements. The Project will provide the City with a written
report of the event expenditures, the number of youth attending and a general
evaluation of its impact on creating a safe environment for the youth of the
community.
5. Duties and Obliaations of the City. For the Project's services, the City agrees to
pay a lump sum of $200 to the Project within thirty days of execution of this
agreement.
6. Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville,
Texas, this day of ,2001.
City of Colleyville
By:
Donna Arp
Mayor
Project Graduation Celebration
By:
Keller High School
Project Graduation
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
ALLIANCE FOR CHILDREN
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and the Alliance For Children (hereinafter referred to as the "Alliance").
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to engage
the Alliance to provide child-centered services in cases of abuse, acting by and
through its duly authorized City Manager.
B. The Alliance is a non-profit organization with the resources and experience to deliver
child-centered services in cases of abuse, or suspected abuse, acting by and through
its duly authorized Executive Director.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages the Alliance, and the Alliance agrees to be engaged by the
City, to perform the services provided below.
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on September 30, 2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of the Alliance. The Alliance will provide a self-contained, child-centered
environment where abused children and their families can go for evaluation, crisis
intervention, evidence gathering medical assessment and counseling. The Alliance
will provide an environment in which law enforcement, district attorneys and
caseworkers can investigate abuse without subjecting child victims to repeated
interviews. The Alliance shall also provide emotional trauma treatment and
advocacy services for child victims.
5. Duties of the City. For the Alliance's services, the City agrees to pay $3,200 to the
Alliance upon the execution of this agreement by both parties.
6, Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of , 2001,
City of Colleyville
By:
Donna Arp
Mayor
Alliance For Children
By:
Nancy Hagan
Executive Director
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
COLLEYVILLE AREA CHAMBER OF COMMERCE
THIS CONTRACT is made and entered into by and between the CITY OF COLLEYVILLE,
a municipal corporation located in Tarrant County, Texas, hereinafter termed "CITY" and
the Colleyville Area Chamber of Commerce, hereinafter termed "CHAMBER".
WITNESS: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the City, the Chamber hereby agrees to provide
the following services:
Annual dues
Two (2) business "Expo" booths
Monthly table exhibit
Two (2) tickets for monthly Chamber luncheon
Corporate Table at annual banquet
One (1) Leadership Colleyville slot
Two (2) pages in annual Chamber directory
The terms of this contract shall begin on the date it is executed by both parties and shall
terminate on September 30,2002.
For the Chamber's services, the City agrees to pay $3,775 to the Colleyville Area Chamber
of Commerce upon the execution of this agreement of both parties.
IN WITNESS HEREOF, the parties to these presents have executed this contract.
ATTEST:
City of Colleyville
Cynthia Singleton, City Secretary
Donna Arp, Mayor
DATE:
Colleyville Area Chamber of Commerce
Dian Thompson, President
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
METROPORT MEALS ON WHEELS
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Metroport Meals on Wheels (hereinafter referred to as the "MMOW).
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to engage
MMOW to provide delivery of hot meals and a bi-monthly community luncheon and
activity program to the seniors of Colleyville and others referred by the City, acting by
and through its duly authorized City Manager.
B. MMOW is a non-profit organization operating in the Metroport area as an organization
described in section 501 3 c) of the Internal Revenue Code, acting by and through its
daily authorized Executive Director. MMOW has the resources and experience in
meal delivery and social services to provide the required services.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages MMOW, and MMOW agrees to be engaged by the City, to
perform the services provided below.
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on September 30,2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of the Alliance. MMOW agrees:
a) To continue to organize the volunteers to deliver hot meals to homes of
seniors Monday through Friday, and once a month on Saturday.
b) To continue to order necessary meals from Luby's Cafeteria and to cover the
costs of said meals.
c) To continue to subsidize the meals of the seniors that cannot pay for them.
Because MMOW is independent of federal and United Way funds, this is
accomplished primarily through fund raising activities and community
donations.
d) To continue a bi-monthly Senior Community Center Luncheon and Activity
Program in Colleyville, which will be held at the Colleyville Community Center.
This service is provided for active seniors that want to meet at a congregate
site and have bi-monthly activities. MMOW shall provide the following
services: part time Program Director, meal expense for seniors, who are
unable to pay for them, crafts and supplies and administrative support.
e) To track program statistics of the number of people served and costs involved,
and to provide a monthly report to the Colleyville Parks and Recreation
Department by the 15th of each month.
f) To work with the Colleyville Parks and Recreation Department to publicize and
promote programs for seniors.
g) To maintain a database of Colleyville Seniors for mailing labels and any other
purposes associated with senior activities.
h) MMOW will make available to the City all books and records kept in incident to
services provided by MMOW to the City.
5. Duties of the City. For the MMOW's services, the City agrees to pay $5,000 by
March 31,2001 and $5,000 by September 30,2002.
6. Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of , 2001.
City of Colleyville
Metroport Meals on Wheels
By:
Donna Arp
Mayor
By:
Kelly Bradley
President
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
ARTS COUNCIL OF NORTHEAST TARRANT COUNTY
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Arts Council of Northeast Tarrant County (hereinafter referred to as "Arts
Council").
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to engage
Arts Council, acting by and through its duly authorized City Manager, to promote,
support and facilitate cultural opportunities within the communities of Northeast
Tarrant County.
B. Arts Council is a non-profit organization, as defined in Section 509 (a) of the Internal
Revenue Code, operating in the Metroport area, acting by and through its daily
authorized President. Arts Council has the resources and experience to promote,
support and facilitate cultural opportunities within the communities of Northeast
Tarrant County.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages Arts Council, and Arts Council agrees to be engaged by the
City, to perform the services provided below.
2..!!m!. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on September 30,2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, faits to cure such non-performance.
3. 'OWes of ARTS COUNCIL. Arts Council agrees to provide the following programs:
Summer Arts College
Arts Council will partner with the City and the School District to
prOVide one week of Summer Arts College 2002 in June at a
G-CISD school campus
Masterworks Music Series
Arts Council and the City will work with the Colleyville Parks
and Recreation Department to provide six free concerts to
Colleyville citizens at Colleyville City Park. The City will
provide the location and promotion through newsletter and
cable service. Arts Council will provide entertainment,
promotion in newspapers and media, and brochures.
Monthly Calendar of Events
The City will provide funding assistance for the monthly
calendar of events and support the promotion of events in
Northeast Tarrant County, inclusive of 12,000 copies, which
are produced and distributed in 180 locations, all schools,
parks and recreation, libraries, city halls, businesses, etc.
Calendar is also reproduced in all "Hometown Stars" the last
Sunday of each month, as well as in the "News and Times".
4. Duties of the City. For Arts Council's services, the City agrees to pay $7,100 to
Arts Council upon the execution of this agreement by both parties.
5. Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of , 2001.
City of Colleyville
By:
Donna Arp
Mayor
Arts Council of Northeast Tarrant County (Arts Council)
By:
Carolyn Sims
President
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
WOMEN'S HAVEN
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Women's Haven (hereinafter referred to as the "Haven").
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to engage
the Haven, acting by and through its duly authorized City Manager, to provide a place
of safety for victims of domestic violence.
B. The Haven is a non-profit organization with the resources and experience in social
services to provide the required services,
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages the Haven, and the Haven agrees to be engaged by the City,
to perform the services provided below,
2, Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on September 30,2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of the Haven. The Haven agrees to:
a) Operate a crisis center to receive incoming calls from battered
women and children
b) Provide schedule for battered women and children
c) Provide food, clothing, counseling, childcare, and assistance
with emergency transportation, medical care, and transitional
housing
d) Operate a counseling program for battered women
5, Duties of the City. For the Haven's services, the City agrees to pay $500 to the
Haven upon the execution of this agreement by both parties.
6. Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of ,2001,
City of Colleyville
By:
Donna Arp
Mayor
Women's Haven of Tarrant County
By:
Sharon Marshall
Executive Director
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
GRAPEVINE RELIEF AND COMMUNITY EXCHANGE (GRACE)
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Grapevine Relief and Community Exchange (hereinafter referred to as the
"GRACE").
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to engage
the GRACE, acting by and through its duly authorized City Manager, to provide
programs and services for those in need within the community.
B. The GRACE is a non-profit organization with resources and experience to provide for
Colleyville residents in need of food, clothing, and other emergency assistance.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages the GRACE, and the GRACE agrees to be engaged by the
City, to perform the services provided below.
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on September 30,2002,
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4, Duties of the Alliance. The Grace will provide food, clothing, and other
emergency assistance to residents of Grapevine, Colleyville, South lake, and Euless
who are in need.
5. Duties of the City. For the GRACE's services, the City agrees to pay $500 to the
GRACE upon the execution of this agreement by both parties.
6. Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of I 2001.
City of Colleyville
By:
Donna Arp
Mayor
Grapevine Relief and Community Exchange
By:
Tricia Wood
Executive Director
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
THE WOMEN'S SHELTER
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and The Women's Shelter (hereinafter referred to as the "Shelter").
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to engage
the Shelter, acting by and through its duly authorized City Manager, to provide a place
of safety for victims of domestic violence.
B. The Shelter is a non-profit foundation, as defined in Section 509 (a) of the Internal
Revenue Code, operating in the Metroport area, acting by and through its daily
authorized Executive Director. The Shelter has the resource and experience in social
services to provide the required services.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages the Shelter, and the Shelter agrees to be engaged by the City,
to perform the services provided below,
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on September 30,2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of the Shelter. The Shelter agrees to:
a) Emergency services consisting of shelter, clothing, food and
transitional housing for victims of family violence
b) Crisis intervention at area hospital emergency rooms
c) Staff and provide a 24-hour crisis hotline
d) Support services consisting of parenting education, case
management, group and individual counseling.
e) Prevention services consisting of community education and
training to organizations, professional groups, and adolescents
f) Legal advocacy including, but not limited to, attorney services,
protective order procurement, court accompaniment, crime
victim's composition applications
g) Transportation across cities to shelter, court and other service
locations
h) Crisis response 24/7 to Colleyville Police Department
5, Duties of the City. For the Shelter's services, the City agrees to pay $500 to the
Shelter upon the execution of this agreement by both parties.
6. Amendments. This agreement may be modified by written amendment executed
by both parties,
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of ,2001.
City of Colleyville
By:
Donna Arp
Mayor
The Women's Shelter
By:
Mary Lee Hafley
Executive Director
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
TRANSPORTATION EXCELLENCE FOR THE 21sT CENTURY
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Transportation Excellence for the 21st Century (hereinafter referred to as the
"TEX-21").
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to engage
TEX-21 to provide a coalition dedicated to improving our statewide transportation
infrastructure.
B. TEX-21 is a non-profit organization described in section 501 (c) 6 of the Internal
Revenue Code, acting by and through its daily authorized Executive Director to
coordinate a coalition dedicated to improving our statewide transportation
infrastructure.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages TEX-21, and TEX-21 agrees to be engaged by the City, to
perform the services provided below.
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on September 30,2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of the Alliance. TEX-21 agrees to:
a) Grant Colleyville with one voting representative
b) Assist Colleyville in analyzing, preparing and implementing
strategies to achieve Coalition goals with regards to
transportation, economic development, and coordination
objectives
c) Conduct quarterly meetings, as well as other staff meetings of
TEX-21 Coalition and of its standing and special committees
d) Negotiate agreements pertaining to multi-jurisdictional and
agency economic development, transportation and
coordination projects
e) Provide Colleyville with the opportunity for an annual
presentation of activities of the Coalition and projects affecting
Colleyville
f) Advocate policies and positions before, interfacing with and
representing TEX-21 Coalition interests before various
committees of the United State Congress, various agencies of
the Executive branch of the federal government, the Lt.
Governor, Speaker of the House, various committees of the
Texas Legislature, and various agencies of the executive
branch of state government
g) Monitor and participate in the reauthorization of TEA-21
according to Coalition goals and objectives
h) Identify and encourage the development of major multi-
jurisdictional transportation projects within the State of Texas
and pursuing whatever action is appropriate to expedite such
project
i) Work to collectively promote goodwill and collaborative
relationships among the United States, Mexico and Canada
and the various trade corridor coalitions within the State of
Texas
j) Examine State and Federal Laws which affect tax incentives
for economic development along trade corridors within the
State of Texas
k) Encourage various colleges and universities in Texas to
undertake transportation/trafficlcommerce/economic
development and related studies to assist the goals and
objectives of the TEX-21 Coalition and assist in the
identification of public and private funding sources to facilitate
said studies
I) Encourage uniform signage along the major transportation
routes within TEX-21 Coalition to identify the areas and to
promote a recognition factor which will assist with economic
development activity
m) Assemble maps and graphics for Colleyville uses
n) Publish a periodic electronic newsletter regarding projects,
activities and developments affect the TEX-21 Coalition
0) Generate written and electronic correspondences and
updates, as necessary to Colleyville regarding projects,
activities and developments affecting the TEX-21 Coalition
p) Work with area economic development agencies to facilitate a
q) Work with district TXDOT offices and related support groups to
encourage the development of programs and practices that
better ensure the safeguard of the lives and property of the
corridor citizens and residents
r) Facilitate the creation f legislative and congressional caucuses
to promote the interests of the TEX-21 Coalition
s) Work with TEX-21 to accomplish other objectives that may
from time to time seem necessary to expedite mobility
improvements, encourage economic activity and promote
safety within the State of Texas, including the admission of
additional participants to the Coalition
5. Duties ofthe City. For the TEX21 's services, the City agrees to pay $2,500 to the
TEX21 upon the execution of this agreement by both parties.
6. Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of , 2001.
City of Colleyville
By:
Donna Arp
Mayor
Transportation Excellence for the 21st Century
By:
CONTRACTUAL AGREEMENT
CITY OF COLLEYVILLE
AND
COLLEYVILLE PROUD
This agreement is by and between the City of Colleyville (hereinafter referred to as the
"City"), and Colleyville Proud.
RECITALS
A. The City is a Charter municipality in the State of Texas. The City desires to support
the efforts of Colleyville Proud for the establishment of a wildflower program in the City
of Colleyville.
In consideration of the premises and the mutual promises contained in this agreement, the
parties agree as follows:
1. Engagement. Upon and subject to the terms and conditions of this agreement, the
City hereby engages Colleyville Proud, and Colleyville Proud agrees to be engaged
by the City, to establish a wildflower program for the City of Colleyville.
2. Term. The term of this agreement shall begin on the date that it is executed by
both parties and shall terminate on September 30,2002.
3. Termination. Either party may terminate this agreement by notice in writing to the
other party in the event that the other party fails timely to perform its obligations and
duties hereunder and the other party, within ten (10) days from the date that the
other party receives notice specifying the obligations and duties it has failed to
perform, fails to cure such non-performance.
4. Duties of Proud. Colleyville Proud will establish a wildflower program for both
public and private areas of the City of Colleyville,
5. Duties of the City. For Colleyville Proud's services, the City agrees to reimburse
Colleyville Proud up to $3,500 for the purchase of wildflower seeds.
6. Amendments. This agreement may be modified by written amendment executed
by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville,
Texas, this day of ,2001.
City of Colleyville
By:
Donna Arp
Mayor
Alliance For Children
By:
Betty Jean Wilbanks
Colleyville Proud Chairman
cc6ca
CITY COUNCIL .","$ AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item # :
4
Ordinance # :
0-01-1310
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Approval of an amendment to Chapter 18 of the
Colleyville Code of Ordinances regarding the
adoption of the 2000 edition of the International
Plumbing Code and the 2000 edition of the
International Fuel Gas Code with the local
amendments recommended by the Regional
Codes Committee of the North Central Texas
Council of Governments, Case G-01-017
Previous Action: 10/16/01
Second Reading and Public Hearing
First Reading and Public Hearing
Attached is a proposed amendment to the Code of Ordinances to adopt the 2000
edition of the International Plumbing Code and the 2000 edition of the International Fuel
Gas Code. One of the goals this year for the Building Inspection Department has been
to update all the building and other codes that regulate construction activities in
Colleyville. The Electrical Code has already been updated. You may recall that at the
August 8,2001 meeting, the City Council approved an update to the Colleyville
( continued)
CI~Y~
, I \,
~
FINANCIAL REVIEW (IF NECESSARY)
_____~........,_~"'~__._"~.______,_...,~..--.-.,.,-----'--'-...,__..,.,__...,_~._.. _."_.......M~..____.._.....__ ,,__...,_.._.,,__._..~_..___~__,_._,~~_____~~~'---------"'___."~',."-~_._."".,-,-_."-~,-,---_.-
Agenda Briefing
Ordinance 0-01-1310
Page 2
Electrical Code by adopting the 1999 edition of the National Electrical code. There are
a number of other codes currently under staff review that will be submitted to the City
Council in the near future.
Over the past several months, staff has been participating in the Regional Codes
Committee of the North Central Texas Council of Governments in their efforts to review
all the building codes and to develop a list of local amendments that can be adopted by
the cities in the North Central Texas region. Cities and building contractors both benefit
from adopting a standardized set of local building code amendments.
Currently, the City is operating under the 1991 Uniform Plumbing Code. Staff mailed
notices to all active plumbing contractors that have recently been performing plumbing
work in Colleyville to advise them of the proposed update to the Colleyville Plumbing
Code. No negative comments have been received.
Attached is a copy of the recommended amendments to the International Plumbing
Code with an explanation for each amendment. Also attached is a copy of the
recommended amendments to the International Fuel Gas Code. Upon approval of the
proposed ordinance, the two codes will be incorporated into the Colleyville Plumbing
Code. For your information, the following is a list of all building codes currently being
reviewed by staff and their current status. Ordinances to adopt each code will be
submitted to the City Council in the near future after staff has completed the review and
notification process to each of the affected building trade contractors operating in
Colleyville.
Name of Code & Edition Status
1. National Electrical Code - 1999 Edition Adopted 08/08/01
2. International Buildina Code - 2000 Edition Currently under review
3. International Residential Code - 2000 Edition Currently under review
4. International Fire Code - 2000 Edition Currently under review
5. International PlumbinQ Code - 2000 Edition Recommended for adoption
6. International Mechanical Code - 2000 Edition Currently under review
7. International Fuel Gas Code - 2000 Edition Recommended for adoption
8. International Eneray Conservation Code - 2000 Edition Currently under review
Recommendation
Approval
Agenda Briefing
Ordinance 0-01-1310
Page 3
Attachments
. Attachment 1- Regional Amendments to the 2000 International Plumbing Code
(paper copy only)
. Attachment 2- Regional Amendments to the 2000 International Fuel Gas Code
(paper copy only)
. Ordinance 0-01-1310
Attachment 1
Recommended Amendments to the
2000 International Plumbing Code
North Central Texas Council of Governments region
-Table of Contents, Chapter 7, Section 714; change to read as follows:
Section 714
En~ineered Computerized Drainage Design. . . .. . . . . . . . . . . , . . . 60
(Reason: Editorial change to make compatible with amendment to Section 714,1.)
-Section 102.8; change to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this code shall be
those that are listed in Chapter 13 and such codes. when specificallv adopted. and standards shall be
considered part of the requirements of this code to the prescribed extent of each such reference. Where
the requirements of reference standards or manufacturer's installation instructions do not conform to
minimum provisions of this code, the provisions of this code shall apply. Whenever amendments have
been adopted to the referenced codes and standards. each reference to said code and standard shall be
considered to reference the amendments as well. Anv reference to NFPA 70 or the Ice Electrical Code
shall mean the Electrical Code as adopted.
(Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced
codes. )
-Section 305.6.1; change to read as follows:
305.6.1 Sewer depth. Building sewers that connect to private s8!h'age disposal system shall be a
minimum of [number] inches (mm) belo....' finished grade at the point of septic tank connection. Building
sewers shall be a minimum of 12 inches (304 mm) below grade.
(Reason: Provides sewer depth that is common in this region. Deleted reference to private sewage
disposal because a private sewage disposal code is not typically adopted in this region.)
**Section 305.9; change to read as follows:
305.9 Protection of components of plumbing system. Components of a plumbing system installed
within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they
would be exposed to damage shall be recessed into the wall or otherwise protected in an approved
manner.
(Reason: Provide a common cutoff point to designate a general separation distance at which plumbing
systems should be safe for conSistency in enforcement.)
**Section 310.4; delete.
(Reason: Enforcement of privacy walls and doors, and the maintenance thereof, should not be a code
issue. It is an owner courtesy issue.)
North Central Texas
2000 IPC amendments
~
I
February' 2001
*"Sections 312.9.1 and 312.9.2; change to read as follows:
312.9.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and air
gaps to determine whether they are operable. In the absence of local provisions. the owner is responsible
to ensure that testina is performed.
312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double check-valve
assemblies, double-detector check valve assemblies and pressure vacuum breaker assemblies shall be
tested at the time of installation, immediately after repairs or relocation and at least annually, The
testing procedure shall be performed in accordance with applicable local provisions. In the absence of
local provisions. the owner is responsible to ensure that testina is done in accordance with one of the
following standards:
{list of standards unchanged}
(Reason: Recognize TNRCC or other local testing procedures that must be adhered to, To place
responsibility of testing on the owner.)
"Section 314.2.1; modify second sentence to read as follows:
314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed
from the drain pan outlet to an approved place of disposal. Condensate shall not discharge in a publicly
exposed area such as into a street, alley. sidewalk or other areas so as to cause a nuisance.
(Reason: Greater specificity in prohibited locations for condensate discharge. Consistent with regional
amendment to IMC 307.2.1.)
*"Section 314.2.2; add a second paragraph to read as follows:
Condensate waste pipes from air-coolina coils may be sized in accordance with eQuipment
capacity as follows:
EauiDment CaDacitv
in tons of refriaeration
Up to 20 tons
Over 20 to 40 tons
Over 40 to 90 tons
Over 90 to 125 tons
Over 125 to 250 tons
Minimum Condensate PiDe
Inside Diameter
3/4 inch
1 inch
1 1/4 inch
1 % inch
2 inch
The size of condensate waste pipes may be for one unit or a combination of units, or as
recommended bv the manufacturer. The capacity of waste pipes assumes a 1/8-inch-per-foot slope, with
the pipe runnina three-Quarters full.
(Reason: To provide guidance and increase uniformity in condensate waste pipe sizing. Consistent with
regional amendment to IMC 307.2.2.)
North Centrai Texas
2000 IPC amendments
2
February 2001
**Section 314.2.3; add item #4 to read as follows:
4. DischarQe. as noted. shall be to a conspicuous point of disposal to alert occupants in the event of a
stoppaQe of the drain. However. the conspicuous point shall not create a hazard such as drippinQ
over a walkinQ surface or other areas so as to create a nuisance.
(Reason: To alert occupants to a condition needing corrective action. Consistent with regional
amendment to IMC 307.2.3.)
**Section 401.1; add a sentence to read as follows:
The provisions of this Chapter are meant to work in coordination with the provisions of the BuildinQ Code,
Should any conflicts arise between the two chapters. the Code Official shall determine which provision
applies.
(Reason: Gives discretion to Code Official in case of code conflict.)
**Section 403.1; change to read as follows:
403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and
in the minimum number as follows:
1, Assembly Occupancies: At least one drinkinQ fountain shall be provided at each floor level in an
approved location.
ExceDtion: A drinkinQ fountain need not be provided in a drinkinQ or dininQ establishment.
2, Groups A. B, F. H, I. M and S Occupancies: BuildinQs or portions thereof where persons are
employed shall be provided with at least one water closet for each sex except as provided for in
Section 403.2.
3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403,1.
4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1.
It is recommended. but not reQuired. that the minimum number of fixtures provided also comply with the
number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be considered
individually by the code official. The number of occupants shall be determined by the International
Building Code. Occupancy classification shall be determined in accordance with the International Building
Code.
**Add Section 403.1.2 to read as follows:
403.1.2 Finish material. Finish materials shall comply with Section 1209 of the International Buildino
Code.
**Section 404.2; change to read as follows:
404.2 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible unisex
toilet room shall be provided where an aggregate of six or more male or female water closets are
required provided, In buildings of mixed occupancy, only those water closets. . . {remainder of section
unchanged} , . . .
(Reason: Table 403.1 is made optional. Gives minimum requirements in body of code. Consistent with
regional amendments to IBC Section 2902)
North Central Texas 3
2000 IPC amendments
February 2001
**Section 405.6; delete.
(Reason: Texas State regulations cover plumbing in mental health centers. Consistent with regional
amendment to IPC 1002.10.)
**Section 409.2; change to read as follows:
409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected
against backflow by an air gap or backflow preventer in accordance with Section 608.
(Reason: Domestic dishwashing machines would be difficult to enforce and should already come
equipped with backflow preventers. Consistent with regional amendments in IPC Section 608.)
**Section 410.1; change to read as follows:
410.1 Approval. Drinking fountains shall conform to ASME A112.19.1, ASME A112,19.2 or ASME
A112.19.9, and water coolers shall conform to AR11010. Where water is served in rest~u,jrants or'!.'here
bottled ,..,ater coolers ar-e pr.ovided in other occupancies, drinking fountains shall not be required.
ExceDtion: A drinkinQ fountain need not be provided in a drinkinQ or dininQ
establishment.
(Reason: Coincide with amendments made to IPC 403.1 and IBC 2902.1,)
"Section 412.4; change to read as follows:
412.4 Reauired location PubliG laundries and Gentral washing faoilities. Floor drains shall be installed
in the followinQ areas.
.1. In public coin-operated laundries and in the central washing facilities of multiple family
dwellings, the rooms containing the automatic clothes washers shall be provided with floor drains
located to readily drain the entire floor area. Such drains shall have a minimum outlet cross section
of not less than 3 inches (76 mm) in diameter.
2. Commercial kitchens. (In lieu of floor drains in commercial kitchens. the code official may
accept floor sinks.)
(Reason: To make more compatible with local health code practices.)
**Section 413.4; change to read as follows:
413.4 Water supply required. All food waste grinders shall be provided with a supply of cold water, The
water supply shall be protected aQainst backflow by an air Qap or with the installation of a backflow
preventer in accordance with Section 608.
(Reason: Consistent with local practice and regulations. Consistent with regional amendments in IPC
Section 608.)
North Central Texas
2000 IPC amendments
4
February 2001
**Section 417.5; change to read as follows:
417.5 Shower floors or receptors. Floor surfaces shall be constructed of impervious, noncorrosive,
nonabsorbent and waterproof materials.
Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of 9 inches (229 mm). measured
from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate
a minimum twenty-two (22) inch (559 mm) door.
Exception: Showers designed to complv with Ice/ANSI A 117 .1,
(Reason: To provide more specific requirements.)
**Section 417.5.2; change to read as follows:
417.5.2 Shower lining. Floors under shower compartments, except where prefabricated receptors have
been provided, shall be lined and made water tight utilizing material complying with Sections 417.5.2.1
through 417.5.2.4. Such liners shall turn up on all sides at least 2 ~ inches (51 mm) above the finished
threshold level and shall extend outward over the threshold and fastened to the outside of the threshold
iamb. Liners shall be recessed and fastened to an approved backing. . . {remainder of section
unchanged} . , . ,
(Reason: Consistent with local practice.)
**Add Section 417.7 to read as follows:
417.7 Test for shower receptors. Shower receptors shall be tested for water tightness bv filling with
water to the level of the rough threshold. The drain shall be plug oed in a manner so that both sides of
pans shall be subiected to the test at the point where it is clamped to the drain.
(Reason: To clarify that a water test is required for a shower receptor.)
**Section 419.3; change to read as follows:
419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4
feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be
waterproofed with a smooth, readily cleanable, hard. nonabsorbent material.
(Reason: Match unamended IBC 1209.)
**Section 502.5; change to read as follows:
502.5 Water heaters installed in attics. Attics containing a water heater shall be provided. , . {bulk of
paragraph unchanged} . . . side of the water heater. The clear access opening dimensions shall be a
minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large
enough to allow removal of the water heater.
(Reason: To ensure adequate access.)
North Central Texas
2000 IPC amendments
5
February 2001
**Add Section 502.5.1 to read as follows:
502.5.1 Electrical reauirements. A liQhtinQ fixture controlled by a switch located at the reQuired
passaQeway openinQ and a receptacle outlet shall be provided at or near the equipment location in
accordance with the electrical code.
(Reason: Recognize a provision of the electrical code.)
**Add Section 502.7 to read as follows:
502.7 Water heaters above around or floor. When the attic, roof. mezzanine or platform in which a
water heater is installed is more than eiQht (8) feet (2438 mm) above the oround or floor level. it shall be
made accessible by a stairway or permanent ladder fastened to the buildinQ.
502.7.1 Whenever the mezzanine or platform is not adequately liQhted or access to a receptacle
outlet is not obtainable from the main level. liQhtinQ and a receptacle outlet shall be provided in
accordance with Section 502.5.1.
(Reason: To provide safe access to water heaters and to provide lighting and receptacle for maintenance
of equipment. Consistent with regional amendments to IFGC 306.7 and IMC 306.7. Note reference to
amendment above.)
**Section 504.6.1; change to read as follows:
504.6.1 Discharge. The relief valve shall discharge throuQh full size Q!Q!ng to a safe place of disposal
such as ~ the floor drain, outside the building, or an indirect waste receptor. The discharge pipe shall not
have any trapped sections. When the drain pipe run is exposed, in an area outside of the room where
the water heater is located. in a manner that would make it subiect to damaQe, the drain aR9 shall have a
visible air gap or air gap fitting located in the same room as the water heater. The discharge shall be
installed in a manner that does not cause personal injury to occupants in the immediate area or structural
damage to the building.
The end of the discharoe pipe shall not be threaded. The discharQe pipe shall not discharQe into the pan
required in Section 504.7.
When discharQinQ outside the buildinQ, the point of discharQe shall be with the end of the pipe not more
than two (2) feet (610 mm) nor less than six (6) inches (152 mm) above the Qround or the floor level of
the area receivinQ the discharQe and pointinQ downward.
(Reason: To provide a higher degree of safety.)
**Section 505.1; change to read as follows:
505.1 Unfired vessel insulation. Unfired hot water storage tanks shall be insulated so that heat loss is
limited as specified in Section 504, International Enemv Conservation Code. {delete remainder of
section}
(Reason: Energy saving methods are addressed in the IEee.)
North Central Texas
2000 IPC amendments
6
FebiUaiy 2001
**Add Section 506, 506.1 to read as follows:
SECTION 506
COMBUSTION AIR AND VENTILATION
506.1. Combustion air and ventilation. Combustion air and ventilation for fuel burnina water heaters.
other than aas-fired. shall be in accordance with the International Mechanical Code. Combustion air and
ventilation for aas-fired water heaters shall be in accordance with the International Fuel Gas Code.
(Reason: Reference.)
**Add Section 604.4.1 to read as follows:
604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more restrictive
than those of this section. the State flow rate shall take precedence.
(Reason: To recognize State standards.)
**Tables 605.4 and 605.5; delete "Polybutylene (PB) plastic pipe and tubing".
(Reason: Polybutylene pipe is not allowed for use in this region,)
**Section 606.1; delete items #4, 5 and 6.
(Reason: The code is too restrictive as written.)
**Section 606.2; items #1 and 2 change to read as follows:
1. On the fixture supply to each plumbing fixture~ in other than one and 1:\\10 family and multiple family
residential occupancies, and other than in individyal QyestroQms that are provided with ynit shytoff
'Ialves in hotels, motels, boarding houses and similar occupancies.
Exeeetio": Tub and shower valves,
2, On the water supply pipe to each sill cock when subiect to freezina.
(Reason: To provide shut-off valves to every fixture.)
**Seetion 607.2.1; change to read as follows:
607.2.1 Piping insulation. Piping in required return circulation systems shall be insulated as required in
Section 504. International Enemy Conservation Code. {delete remainder of section}
(Reason: Energy saving methods are addressed in the IEee.)
North Central Texas
2000 IPC amendments
-.
f
February 2001
"Section 608.1; change to read as follows:
608.1 General. A potable water supply system shall be designed, installed and maintained in such a
manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the
potable water supply through cross-connections or any other piping connections to the system. Back
flow preventer applications shall conform to applicable local reQulations, Table 608.1, exGept and as
specifically stated in Sections 608.2 through 608.16.9.
(Reason: To recognize local requirements.)
"Section 608.17; change to read as follows:
608.17 Protection of individual water supplies. An individual water supply shall be located and
constructed so as to be safeguarded against contamination in accordance with applicable local
reQulations. In the absence of other local reQulations, installation shall be in accordance with Sections
608.17.1 through 608.17.8,
(Reason: To allow local requirements to govern.)
**Section 708.3.4; change to read as follows:
708.3.4 UPDer tenninal 83se of staGk. Each horizontal drain shall be provided with a cleanout at its
upper terminal A c1eaRol:At shall be pro'tided at the base of eat::h waste or soil stack,
Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524 mm) in
lenQth unless such line is selVinQ sinks or urinals.
(Reason: To eliminate the requirement for excessive cleanouts.)
**Add Section 712.5 to read as follows:
712.5 Dual Pump Svstem. All sumps shall be automatically discharQed and. when in any "public use"
occupancy where the sump selVes more than 10 fixture units. shall be provided with dual pumps or
eiectors arranQed to function independently in case of overload or mechanical failure. For storm
drainaQe sumps and pumpinQ systems. see Section 1113.
(Reason: To address dual pump system. To provide reference for storm drainage systems.)
**Section 714, 714.1; change to read as follows:
SECTION 714
ENGINEERED COMPUT&RIZ&D DRAINAGE DESIGN
714.1 Design of drainage system. The sizing requirements for plumbing drainage systems shall be
determined by approved compl:Ater program design methods.
(Reason: Code was too restrictive.)
North Central Texas
2000 IPC amendments
8
February 2001
tiSection 802.1.1; delete the exception.
(Reason: Dishwashers are already addressed in Section 409,)
"Section 802.4; add a sentence to read as follows:
No standpipe shall be installed below the Qround.
(Reason: To make systems less susceptible to improper modifications.)
tiSection 904.1; changed to read as follows:
904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6)
inches (152 mm) above the roof, except that where a roof is to be used for any purpose other than
weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof.
(Reason: To provide regional guideline on standard installation method for this area.)
**Section 912.1; change to read as follows:
912.1 Type of fixture. A combination drain and vent system shall not serve fixtures other than floor
drains, standpipes, sinks and lavatories indirect waste receptors. Combination drain and vent systems
shall not receive the discharge of a food waste grinder,
(Reason: To prevent trap siphoning of sinks and lavatories.)
**Section 912.2; change to read as follows:
912.2Installation. The only vertical pipe of a combination drain and vent system shall be the connection
between the fixture drain of a sink, lavatory or standpipe, and the horizontal combination drain and vent
pipe. The maximum vertical distance shall be 8 feet (2438 mm).
(Reason: To prevent trap siphoning of sinks and lavatories.)
**Section 1002.10; delete.
(Reason: Texas State regulations cover plumbing in mental health centers. Consistent with regional
amendment to IPC 405.6.)
**Section 1003
{Until the Health and Water Departments of the area can coordinate a uniform grease trap section, each
city will have to modify this section individually.}
North Central Texas
2000 IPC amendments
9
Februarf 2001
**Section 1106.1; change to read as follows:
1106.1 General. The size of the vertical conductors and leader, building storm drains, building storm
sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches per hour
tRe 100 year hourly rainfall rate indisated in Figure 1106.1 or on other rainfall r-ates determined fr-om
approved local 'fJeather data.
(Reason: Specify the roof drain size normally used in the area.)
**Section 1107.3; change to read as follows:
1107.3 Sizing of secondary drains. Secondary (emergency) roof drain system shall be sized in
accordance with Section 1106 based on the raiRfall rate for which the primar}' system is sized in Tables
1100.2,1100.3 and 1106.6 by two. Scuppers shall be sized to prevent the depth of ponding water. . ,
{remainder of section unchanged} . . . .
(Reason: Specify that overflow drainage is to be the same size as the normal roof drains.)
**Chapter 12; delete.
(Reason: To leave this provision to local jurisdictions.)
END
North Central Texas
2000 IPC amendments
..n
IV
February 2001
Attachment 2
Recommended Amendments to the
2000 International Fuel Gas Code
North Central Texas Council of Governments region
**Section 101.2
{Local amendments to Section 101.2 may be necessary to correspond with the State Plumbing Licensing
Law.}
"Section 102.2; add an exception to read as follows:
Exception: Existinq dwellinq units shall comply with Section 620.2.
(Reason: Previous code provisions made unvented heater provisions retroactive except as provided for in
local amendment. This amendment and amendment to IFGC 620.2 better clarify what the code already
states: existing systems may stay unless considered unsafe.)
**Section 102.8; change to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced herein shall be those
that are listed in Chapter 7 and such codes, when specificallv adopted, and standards shall be considered
part of the requirements of this code to the prescribed extent of each such reference. Where differences
occur between provisions of this code and the referenced standards, the provisions of this code shall
apply. Whenever amendments have been adopted to the referenced codes and standards. each
reference to said code and standard shall be considered to reference the amendments as well. Any
reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adooted.
(Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced
codes. )
**Section 202; amend definition of "Unvented Room Heater" to add a sentence to read as follows:
For the purpose of installation. this definition shall also include "Unvented Decorative Appliances,"
(Reason: Clarifies installation for these devices.)
**Section 302.3; change to read as follows:
302.3 Cutting, notching and boring in wood members. When permitted by the International Buildina
Code, the +he cutting, notching and boring of wood members shall comply with Sections 302.3.1 through
302.3.3.
(Reason: Reference IBC and its restrictions, Consistent with regional amendment to IMC 302.3,)
North Central Texas
February 2001
2000 IFGC amendments
**Section 305.4; delete.
(Reason: This provision does not reflect standard practice in this area. Consistent with regional
amendment to IMC 304,5.)
**Add Section 305.5 to read as follows:
305.5 Clearances from arade. Eauipment and appliances installed at arade level shall be supported on
a level concrete slab or other approved material extendina above adioinina arade a minimum of 3 inches
(76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adioinina arade.
(Reason: Consistent with current local practice. Consistent with regional amendment to IMC 304.8.)
**Section 306.3; change to read as follows:
306.3 Appliances in attics. Attics containing appliances requiring access shall be provided. . . {bulk of
paragraph unchanged} . . . side of the equipment. The clear access opening dimensions shall be a
minimum of 20 inches by 30 inches (508 mm by 762 mm), or laraer where such dimensions are not large
enough to allow removal of the largest appliance. As a minimum. access to the attic space of residential
uses shall be provided by one of the followina:
1. A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
Exception: The passageway and level service space are not required where the appliance is
capable of being serviced and removed through the required opening.
(Reason: To provide a safe means of accessibility. Consistent with regional amendment to IMe 306,3.)
**Section 306.3.1; add a sentence to read as follows:
Low voltaae wirinq of 50 Volts or less shall be installed in a manner to prevent physical damaae.
(Reason: To call attention to the need for care while installing lighting wiring in attic, Consistent with IMC
amendments.)
**Section 306.4.1; add a sentence to read as follows:
Low voltaae wirina of 50 Volts or less shall be installed in a manner to prevent physical damaae.
(Reason: To call attention to the need for care while installing lighting wiring under floors. Consistent with
IMC amendments,)
North Central Texas
2000 IFGC amendments
2
February 2001
**Section 306.5; change to read as follows:
306.5 Appliances on roofs or elevated structures. Where appliances requiring access are installed on
roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be provided by a
permanent approved means of access", tho oxtont of which €:hall be from Permanent exterior ladders
providinq roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below
and shall extend to the appliance's level service space, Such access shall. . . {bulk of section to read the
same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope).
(Reason: To assure safe access to roof appliances. Consistent with IMC amendments.)
**Add Section 306.5.1.1 to read as follows:
306.5.1.1 Catwalk. On roofs havina slopes areater than 4 units vertical in 12 units horizontal. a catwalk at
least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided
from the roof access to the workina platform at the appliance.
(Reason: To assure safe access to roof appliances. Consistent with IMC amendments.)
**Section 306.5.2; add a sentence to read as follows:
Low voltaae wirina of 50 Volts or less shall be installed in a manner to prevent physical damaCle.
(Reason: To call attention to the need for care while installing outlet wiring on roofs. Consistent with IMC
amendments.)
**Add Section 306.7 to read as follows:
306.7 Water heaters above Qround or floor. When the attic. roof. mezzanine or platform in which a
water heater is installed is more than eiqht (8) feet (2438 mm) above the around or floor level. it shall be
made accessible by a stairway or permanent ladder fastened to the buildina.
306.7.1. Whenever the mezzanine or platform is not adequatelv liqhted or access to a receptacle
outlet is not obtainable from the main level. liahtina and a receptacle outlet shall be provided in
accordance with Section 306.3.1.
(Reason: To provide safe access to water heaters. Consistent with regional amendments to IPC 502.7
and IMC 306.7.)
North Central Texas
2000 !FGC amendments
3
February 2001
**Section 401.5; add a second paragraph to read as follows:
Both ends of each section of medium pressure corruqated stainless steel tubinq (CSST) shall
identify its operatin!:l !:las pressure with an approved tao. The taos are to be composed of aluminum or
stainless steel and the followino wordino shall be stamped into the tao;
"WARNING
1/2 to 5 psi oas pressure
Do Not Remove"
(Reason: To protect homeowners and plumbers.)
**Section 402.3; add an exception to read as follows:
Exception: Corruoated stainless steel tubinq (CSST) shall be a minimum of 1/2".
(Reason: Pipe less than 1/2" has a history in this region of causing whistling.)
**Section 404.6; change to read as follows:
404.6 Piping in solid floors. Piping in solid floors shall be laid in channels in the floor and covered in a
manner that will allow access to the piping with a minimum amount of damage to the building. Where
such piping is subject to exposure to excessive moisture or corrosive substances, the piping shall be
protected in an approved manner. As an alternative to installation in channels, the piping shall be
installed in accordance with Section 404.11 ~ c~sing of schedule <10 steel, wrought iron, PVC or ^BS pipo
with tightly sealed ends and jointc. Both ends of such casing shall extend not less than 2 inches (51 mm)
beyond the point whoro the pipe emerge!> from the floor.
(Reason: Referencing Section 404.11 provides CSST piping with outside venting.)
**Section 404.9; change to read as follows:
404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth of ~ 18
inches (JGa 458 mm) below grade, oxcept as provided for in Soction <10<1.9.1.
(Reason: To provide increased protection to piping systems, Consistent with regional amendments to IMC
304.11 and IRC M1304.2.)
**Section 404.9.1; delete.
(Reason: Individual lines should also be buried to 18 inches.)
**Section 406.4; add a sentence to read as follows:
The equipment used shall be of an appropriate scale such that pressure loss can be easilv determined.
(Reason: To stress need for appropriate test equipment.)
North Central Texas
2000 IFGC amendments
4
February 2001
**Section 406.4.1; change to read as follows:
406.4.1 Test pressure. The test pressure to be used shall be not less than 1 1/2 times the proposed
maximum '/Jorking pres&ure, but not loss than 3 10 psig (2Q 68.9 kPa gauge), or at the discretion of the
Code Official. the pipinq and valves mav be tested at a pressure of at least six (6) inches (152 mm) of
mercury. measured with a manometer or slope qauqe. irre&peotive of design proS&uro. INhore the tOGt
preGGlJre exoeeds 125 p&ig (862 kPa gaugo), the test pressure sh311 not exoess ::1 ';alue that proEluoes a
hoop stre&s in the pif3iR9 greater than 50 peroent of the specifiod minimum yiold &troR~th of tho pipe. For
welded pipino, and for pipinq carrvino qas at pressures in excess of fourteen (14) inches water column
pressure (3.48 kPa), the test pressure shall not be less than sixty (60) pounds per square inch (413.4
kPa).
**Section 406.4.2; change to read as follows:
406.4.2 Test duration. Test duration shall be held for a lenqth of time satisfactory to the Code Official.
but in no case for Rat less than fifteen (15) minutes. For welded pipinq. and for pipinq carrvinq qas at
pressures in excess of fourteen (14) inches water column pressure (3.48 kPa). the test duration shall be
held for a lenoth of time satisfactory to the Code Official. but in no case for less than thirty (30) minutes.
1/2 hour for oaoh 500 cubic feot (14 m") of pipe volume or fr~lGtion thereof. VI/hen tosting a systom having
a volume 10&& than 10 cubic foot (0.28 mJ) or a &y&tem in a singlo family dwelliR9, tho tost dl:Jration shall
be permittod to be reauoed to 10 minutes. For piping systems ha':ing a volume of mora than 21,000 Qubio
foet (680 m 3), the duration of tho tost sh311 not bo roquirod to excood 24 hours.
(Reason: In this region, specific test methods were defined in amendments to the 1996 International
Mechanical Code. Amendments to Sections 406.4.1 and 406.4.2 retain those standards, which are now
standard practice.)
**Add Section 409.1.4 to read as follows:
409.1.4 Valves in CSST installations. Shutoff valves installed with corruqated stainless steel (CSST)
pipino systems shall be supported with an approved termination fittino, or eouivalent SUDPort. suitable for
the size of the valves, of adeouate strenoth and ouality. and located at intervals so as to prevent or damp
out excessive vibration but in no case qreater than 12-inches from the center of the valve. Supports shall
be installed so as not to interfere with the free expansion and contraction of the system's pipino. fittinos.
and valves between anchors. All valves and supports shall be desiqned and installed so they will not be
disenoaqed by movement of the supportino pipinq.
(Reason: To provide proper security to CSST valves. These standards were established in this region in
1999 when CSST was an emerging technology.)
**Section 410.1; add a second paragraph and exception to read as follows:
Access to reoulators shall comply with the requirements for access to appliances as specified in
Section 306.
Exception: A passaqeway or level service space is not required when the requlator is capable of
beinQ serviced and removed throuQh the required attic openinq.
(Reason: To require adequate access to regulators.)
North Central Texas
5
February 2001
2000 IFGC amendments
**Section 613.6; add a sentence to read as follows:
The size of duct shall not be reduced alono its developed lenoth nor at the point of termination.
(Reason: To clarify the size requirement. Consistent with regional amendment to IMC 504.6.)
**Section 613.6.1; change to read as follows:
613.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet
(7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends
are installed. the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree
(0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two
bends. measurinq in the direction of airflow.
{Exception is unchanged}
(Reason: To make more consistent with regional practice. Dryer technology has improved to the point
where they should be capable of handling this. Consistent with regional amendment to IMC 504.6.1.)
**Section 620.2; change to read as follows:
620.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of
comfort heating in a dwelling unit.
Exception: Existino approved unvented heaters may continue to be used in dwellinq units. in
accordance with the code provisions in effect when installed. when approved by the Code Official
unless an unsafe condition is determined to exist as described in Section 108.7.
(Reason: Gives code official discretion. Correlates with amendment in IMC Section 102.2)
**Section 623.1.1; change to read as follows:
623.1.1 Installation requirements. The requirements for water heaters relative to access. sizing, relief
valves, drain pans and scald protection shall be in accordance with the International Plumbing Code.
(Reason: To clarify installation requirements. Also corresponds with amendments regarding water heater
access.)
END
North Central Texas
6
February 2001
2000 IFGC amendments
ORDINANCE 0-01-1310
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
18, ARTICLE IV - PLUMBING CODE OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEYVILLE, TEXAS TO ADOPT THE 2000 EDITION OF THE
INTERNATIONAL PLUMBING CODE AND THE 2000 EDITION OF THE
INTERNATIONAL FUEL GAS CODE; PROVIDING FOR THE ADOPTION OF LOCAL
AMENDMENTS RECOMMENDED BY THE REGIONAL CODES COMMITTEE OF
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; PROVIDING FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING A PENALTY AND
AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville has determined that it is in the
best interests of the citizens of Colleyville, Texas, to adopt the 2000
edition of the International Plumbing Code and the 2000 edition of the
International Fuel Gas Code; and
WHEREAS, the City Council of the City of Colleyville has determined that it is in the
best interest of the citizens of Colleyville, Texas to additionally adopt the
local amendments to 2000 edition of the International Plumbing Code and
the 2000 edition of the International Fuel Gas Code as recommended by
the Regional Codes Committee of the North Central Texas Council of
Governments; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Division 1
and Section 18-160 to read as follows:
DIVISION 1. GENERALLY
Section 18-160. Title, scope and purpose.
(a) Title. These regulations shall be known as the "Colleyville Plumbing
Code," may be cited as such, and will herein be referred to as "this code."
The terms "Colleyville Plumbing Code" and "this code" apply to both the
International Plumbing Code and the International Fuel Gas Code as one
combined code.
Ordinance 0-01-1310
Page 2 of 38
All references to "plumbing" and "plumbing systems" in this code shall also
include other plumbing systems, including fuel systems, as may be
covered in other codes, as required to comply with the definition and
provisions of "plumbing" and "plumbing systems" as specified in the State
of Texas Plumbing Licensing Law.
(b) Scope. The provisions of this code shall apply to the erection, installation,
alteration, repair, relocation, replacement, addition to, use or maintenance
of plumbing systems within the corporate limits of the City of Colleyville,
Texas, and outside the corporate limits if the same are connected to the
city water or sanitary sewage systems.
Exception: The provisions of this code shall not apply to areas outside
this jurisdiction that are in an adjacent city that has adopted a plumbing
code that is acceptable to the code official. Provisions in the appendices
shall not apply unless specifically adopted. This code is not intended to
apply to that work done by the proper employees of the City or other
companies furnishing water in the laying of water mains and services and
city sewer mains and services that are considered as public utilities, nor to
the installation of gas distributing mains and services in the streets, alleys
and easements by employees of the gas distributing company.
(c) Purpose. The purpose of this code is to provide minimum standards to
safeguard life or limb, health, property and public welfare by regulating
and controlling the design, construction, installation, quality of materials,
location, operation, and maintenance or use of plumbing equipment and
systems.
Sec. 2. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
161 to read as follows:
Section 18-161. Definitions.
For the purpose of this article, certain terms, phrases, words, and their
derivatives shall be construed as set out in this section. Words used in the
singular include the plural and the plural includes the singular. Words used in
the masculine gender include the feminine, and the feminine includes the
masculine. Words used in the International Plumbing Code shall have the
meanings assigned them in that document if any. Where terms, phrases, and
words are not defined, they shall have their ordinary acceptable meanings
within the context with which they are used. Webster's Third New
International Dictionary of the English Language, unabridged copyright 1986,
shall be considered as providing ordinarily accepted meanings.
Ordinance 0-01-1310
Page 3 of 38
Annual permit means a permit authorizing a firm or corporation to perform
plumbing work on its own premises for the calendar year in which the permit
is issued.
Approved means approved by office of the code official.
Authorized person means any individual, firm, or corporation who or which is
licensed under the provisions of this article to do the work as permitted under
the specific provisions of this article.
Board means Construction Board as described by this article.
City means the territory within the corporate limits of the City of Colleyville,
Texas, or the legally constituted governing body thereof, its agents and its
officers.
City Council means the City Council of the City of Colleyville, Texas.
Code Official means the Building Official or his authorized representative
employed by or under contract with the City of Colleyville for the enforcement
of this article.
Contractor's Board means the Construction Board of Appeals of the City of
Colleyville, Texas.
Plumbing construction means and includes all work and materials used in
installing, maintaining or extending a plumbing system and all appurtenances,
apparatus or equipment used in connection therewith, inside of or attached to
any building structure, lot or premises.
Plumbing contractor means any person engaged in the business of installing
or altering, by contract, plumbing systems. Such term shall include any
authorized person, whether actually doing plumbing work or not, and any
authorized person who subcontracts to do such work, but it shall not include
bona fide employees employed by such contractor to do or supervise such
work.
Exception means affirmative defense for all purposes.
Homeowner means any person who resides in his own property.
Inspector means any person employed by the City of Colleyville for the
purpose of inspecting plumbing work and installations in connection with
health and safety laws and ordinances, who has no financial interests in any
plumbing company, and who has successfully fulfilled the examinations and
requirements of the Texas State Plumbing Board.
Ordinance 0-01-1310
Page 4 of 38
Person means individual, firm, corporation, partnership, and any other legal or
business entity.
Registered when used with the words "plumbing contractor" or the like,
means that the person has made application to the code official and has
provided proof that he is qualified to do the work stated in the application, that
he has paid the necessary registration fees to date, been issued a certificate
of registration, and that his name is carried in the records of the code official
as a person authorized to do plumbing work for which he is registered.
Special approval means written consent of the code official of the City of
Colleyville, Texas.
Temporary installation means installation of plumbing work that is intended to
be in place for a period of time not in excess of ninety (90) days.
Sec. 3. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
162 to read as follows:
Section 18-162. Violation of code.
(a) Unlawful acts. It shall be unlawful for any person, firm or corporation to
erect, construct, alter, repair, remove, demolish or utilize any plumbing
system or equipment, or cause same to be done, in conflict with or in
violation of any of the provisions of this code.
(b) Violation penalties. Any person, firm or corporation violating any of the
provisions of this code shall be fined as provided for in Section 1-6 of
these Code of Ordinances.
(c) Stop work orders. Upon notice from the code official, work on any
plumbing system that is being performed contrary to the provisions of this
code or in a dangerous or unsafe manner shall immediately cease said
work. Such work shall not resume until authorized by the code official to
proceed. Such notice shall be in writing and shall be given to the owner of
the property, or to the owner's agent, or to the person doing the work or
causing such work to be done. Where an emergency exists, the code
official shall not be required to give a written notice prior to stopping the
work.
(d) Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the legal officer of the jurisdiction from instituting
appropriate action to prevent unlawful construction or to restrain, correct
or abate a violation, or to prevent illegal occupancy of a building, structure
Ordinance 0-01-1310
Page 5 of 38
or premises, or to stop an illegal act, conduct, business or utilization of the
plumbing on or about any premises.
(e) Unsafe plumbing systems or equipment. Any plumbing system or
equipment regulated by this code that is unsafe or that constitutes a fire or
health hazard, unsanitary condition, or is otherwise dangerous to human
life is hereby declared unsafe. Any use of a plumbing system or
equipment regulated by this article constituting a hazard to safety, health
or public welfare by reason of improper installation, inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment is hereby declared an unsafe use. Any such unsafe
equipment is hereby declared to be a public nuisance and shall be abated
by repair, rehabilitation, demolition or removal.
When any plumbing system or equipment is maintained in violation of this
code, and in violation of any notice issued pursuant to the provisions of
this section, the code official may institute any appropriate action to
prevent, restrain, correct or abate the violation.
(f) Authority to condemn. Whenever the code official determines that any
plumbing system or equipment, or portion thereof, regulated by this code
has become hazardous to life, health or property or has become
unsanitary, or is otherwise dangerous to human life, the code official shall
order in writing that such plumbing system or equipment either be
removed or restored to a safe or sanitary condition. A time limit for
compliance with such order shall be specified in the written notice. No
person shall use or maintain defective plumbing after receiving such
notice.
(g) Authority to order disconnection of utilities. The code official shall have the
authority to order disconnection of any plumbing, energy source or utility
service supplied to a building, structure or equipment regulated by this
article when it is determined that the equipment or any portion thereof has
become hazardous or unsanitary. Written notice of such order to
disconnect service and the causes therefore shall be given within 24 hours
to the owner and occupant of such building, structure or premises,
provided, however, that in cases of immediate danger to life or property,
such disconnection shall be made immediately without such notice. If not
notified prior to disconnecting, the owner or occupant of the building,
structure or service systems shall be notified in writing, as soon as
practical thereafter.
(h) Connection after order to disconnect. No person shall make connections
from any energy, fuel, power supply or water distribution system or supply
energy, fuel, power or water to any equipment regulated by this code that
has been disconnected or ordered to be disconnected by the code official
Ordinance 0-01-1310
Page 6 of 38
or the use of which has been ordered to be discontinued by the code
official until the code official authorizes the reconnection and use of such
equipment.
(i) Unauthorized permits. It shall be unlawful for any person to secure for or
furnish a permit for the installation, alteration, or repair of plumbing
systems to any person not entitled to such permit under the regulations of
this article.
Sec. 4. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
163 to read as follows:
Section 18-163. Application of article.
(a) General. The provisions of this article shall apply to all plumbing systems,
plumbing facilities and plumbing equipment and to all work done on all
plumbing systems, plumbing facilities and plumbing equipment within or
on public and private buildings and premises. Where, in any specific
case, different sections of this code specify different materials, methods of
construction or other requirements, the most restrictive shall govern.
(b) Existing installations. Except as otherwise provided for in this chapter,
plumbing systems and equipment lawfully in existence at the time of the
adoption of this code may have their use, maintenance or repair continued
if the use, maintenance or repair is in accordance with the original design,
if no hazard to life, health or property has been created by such plumbing
system and equipment, and if the plumbing system and equipment are
maintained in good repair.
Exception: Existing unvented room heaters in dwelling units shall comply
with Section 620.2 of the Fuel Gas Code.
(c) Maintenance. All plumbing systems, materials and appurtenances, both
existing and new, and all parts thereof, shall be maintained in proper
operating condition in accordance with the original design in a safe and
sanitary condition. All devices or safeguards required by this code shall be
maintained in compliance with the code edition under which installed. The
owner or the owner's designated agent shall be responsible for
maintenance of plumbing systems. To determine compliance with this
provision, the code official shall have the authority to require any plumbing
system to be re-inspected.
(d) Additions, alterations or repairs. Additions, alterations, renovations or
repairs to any plumbing system shall conform to that required for a new
plumbing system without requiring the existing plumbing system to comply
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with all the requirements of this code. Additions, alterations or repairs shall
not cause an existing system to become unsafe, unsanitary or overloaded.
Minor additions, alterations, renovations and repairs to existing plumbing
systems shall be permitted in the same manner and arrangement as in the
existing system, provided that such repairs or replacement are not
hazardous and are approved.
(e) Change in occupancy. It shall be unlawful to make any change in the
occupancy of any structure that will subject the structure to any special
provision of this code applicable to the new occupancy without approval of
the code official. The code official shall certify that such structure meets
the intent of the provisions of law governing building construction for the
proposed new occupancy and that such change of occupancy does not
result in any hazard to the public health, safety or welfare. No change
shall be made in the use or occupancy of any building that would place the
building in a different division of the same group of occupancy or in a
different group of occupancies, unless such building is made to comply
with the requirements of this code for such division or group of occupancy.
Subject to the approval of the code official, the use or occupancy of
existing buildings shall be permitted to be changed and the building is
allowed to be occupied for purposes in other groups without conforming to
all the requirements of this code for those groups, provided the new or
proposed use is less hazardous, based on life and fire risk, than the
existing use.
(f) Moved buildings. Plumbing systems that are part of buildings or
structures moved into or within the corporate limits of the City of
Colleyville, Texas, shall comply with the provisions of this code for new
installations.
(g) Requirements not covered by code. Any requirements necessary for the
strength, stability or proper operation of an existing or proposed plumbing
system, or for the public safety, health and general welfare, not specifically
covered by this code, shall be determined by the code official.
Sec. 5. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
164 to read as follows:
Section 18-164. Plumbing Code adopted; conflicting provisions; local
amendments.
(a) Adopted. The International Plumbing Code, 2000 edition and the
International Fuel Gas Code, 2000 edition, as recommended by the
International Codes Council, one copy of each document of which is on
file in the office of the City Secretary, is hereby adopted and incorporated
Ordinance 0-01-1310
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by reference and made a part of this article as the plumbing code of the
City of Colleyville, subject to and including by reference such
amendments, corrections, and additions as shall appear in this article.
(b) Controlling law in case of conflict. In the event of a conflict between the
provisions of the plumbing code adopted and incorporated in subsection
(a) of this section and this Code of Ordinances, the provisions in this
article shall prevail.
(c) Amendments to International Plumbing Code. The International Plumbing
Code, 2000 edition, as recommended by the International Codes Council
is hereby amended to include the recommendations of the Regional
Codes Committee of the North Central Texas Council of Governments for
plumbing installations in the City of Colleyville, Texas, which are as
follows:
A. Table of Contents, Chapter 7, Section 714; changed to read as follows:
Section 714
Engineered Drainage Design... ... ... 60
B. IPC section 102.8; changed to read as follows:
102.8 Referenced codes and standards. The codes and
standards referenced in this code shall be those that are listed in
Chapter 13 and such codes, when specifically adopted, and standards
shall be considered part of the requirements of this code to the
prescribed extent of each such reference. Where the requirements of
reference standards or manufacturer's installation instructions do not
conform to minimum provisions of this code, the provisions of this code
shall apply. Whenever amendments have been adopted to the
referenced codes and standards, each reference to said code and
standard shall be considered to reference the amendments as well.
Any reference to NFPA 70 or the ICC Electrical Code shall mean the
Electrical Code as adopted.
C. IPC Sections 106.6.2 and 106.6.3; Deleted
D. IPC Sections 108.4 and 108.5; deleted
E. IPC Section 301.7; added to read as follows:
301.7 Location. Except as otherwise provided in this code or other
applicable ordinances, no plumbing system, drainage system, building
sewer, private sewage disposal system or parts thereof, shall be
located on any other lot than which is the site of the building, structure,
or premises served by such facilities. No subdivision, sale, or transfer
Ordinance 0-01-1310
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of ownership of existing property shall be made in such manner that
the area, clearance, and access requirements of this code are
decreased.
F. I PC Section 305.6.1; changed to read as follows:
305.6.1 Sewer depth. Building sewers shall be a minimum of 12
inches (304 mm) below grade.
G. IPC Section 305.9; changed to read as follows:
305.9 Protection of components of plumbing system. Components
of a plumbing system installed within 3 feet along alleyways,
driveways, parking garages or other locations in a manner in which
they would be exposed to damage shall be recessed into the wall or
otherwise protected in an approved manner.
H. IPC Section 310.4; delete
I. IPC Sections 312.9.1 and 312.9.2; changed to read as follows:
312.9.1 Inspections. Annual inspections shall be made of all backflow
prevention assemblies and air gaps to determine whether they are
operable. In the absence of local provisions, the owner is responsible
to ensure that testing is performed.
312.9.2 Testing. Reduced pressure principle backflow preventer
assemblies, double check-valve assemblies, double-detector check
valve assemblies and pressure vacuum breaker assemblies shall be
tested at the time of installation, immediately after repairs or relocation
and at least annually. The testing procedure shall be performed in
accordance with applicable local provisions. In the absence of local
provisions, the owner is responsible to ensure that testing is done in
accordance with one of the following standards:
(list of standards unchanged)
J. IPC Section 314.2.1; modify second sentence to read as follows:
314.2.1 Condensate disposal. Condensate from all cooling coils and
evaporators shall be conveyed from the drain pan outlet to an
approved place of disposal. Condensate shall not discharge in a
publicly exposed area such as into a street, alley, sidewalk or other
areas so as to cause a nuisance.
K. IPC Section 314.2.2; add a second paragraph to read as follows:
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Condensate waste pipes from air-cooling coils may be sized in
accordance with equipment capacity as follows:
Equipment Capacity
in tons of refrigeration
Up to 20 tons
Over 20 to 40 tons
Over 40 to 90 tons
Over 90 to 125 tons
Over 125 to 250 tons
Minimum Condensate pipe
inside Diameter
% inch
1 inch
1 % inch
1 % inch
2 inch
The size of condensate waste pipes may be for one unit or a
combination of units, or as recommended by the manufacturer.
The capacity of waste pipes assumes a 1/8-inch-per-foot slope,
with the pipe running three-quarters full.:.
L. IPC SECTION 314.2.3; add item 4 to read as follows:
4. Discharge, as noted, shall be to a conspicuous point of disposal to
alert occupants in the event of a stoppage of the drain. However, the
conspicuous point shall not create a hazard such as dripping over a
walking surface or other areas so as to create a nuisance.
M. IPC Section 401.1; add a sentence to read as follows:
The provisions of this Chapter are meant to work in coordination with
the provisions of the Building Code. Should any conflicts arise
between the two chapters, the Code Official shall determine which
provision applies.
N. PC Section 403.1; changed to read as follows:
403.1 Minimum number of fixtures. Plumbing fixtures shall be
provided for the type of occupancy and in the minimum number as
follows:
1. Assembly Occupancies: At least one drinking fountain shall be
provided at each floor level in an approved location.
Exception: A drinking fountain need not be provided in a drinking
or dining establishment.
2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions
thereof where persons are employed shall be provided with at least
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one water closet for each sex except as provided for in Section
403.2.
3. Group E Occupancies: Shall be provided with fixtures as shown in
Table 403.1
4. Group R Occupancies: Shall be provided with fixtures as shown in
Table 403.1
It is recommended, but not required, that the minimum number of
fixtures provided also comply with the number shown in Table
403.1. Types of occupancies not shown in Table 403.1 shall be
considered individually by the code official. The number of
occupants shall be determined by the International Building Code.
Occupancy classification shall be determined in accordance with
the International Building Code.
O. IPC Section 403.1.2; added to read as follows:
403.1.2 Finish material. Finish materials shall comply with Section
1209 of the International Building Code.
P. IPC Section 404.2; changed to read as follows:
404.2 Unisex toilet and bathing rooms. In assembly and mercantile
occupancies, an accessible unisex toilet room shall be provided where
an aggregate of six or more male or female water closets are provided.
In buildings of mixed occupancy, only those water closets ....
(remainder of section unchanged) ....
Q. IPC Section 405.6; delete~
R. IPC Section 409.2; change to read as follows;
409.2 Water connection. The water supply to a commercial
dishwashing machine shall be protected against backflow by an air gap
or backflow preventer in accordance with Section 608.
S. IPC Section 410.1; change to read as follows:
410.1 Approval. Drinking fountains shall conform to ASME
A112.19.1, ASME A112.19.2 or ASME A112.19.9, and water coolers
shall conform to AR11010.
Exception: A drinking fountain need not be provided in a drinking or
dining establishment.
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T. IPC Section 412.4; changed to read as follows:
412.4 Required location. Floor drains shall be installed in the
following areas.
1. In public coin-operated laundries and in the central washing facilities
of multiple family dwellings, the rooms containing the automatic
clothes washers shall be provided with floor drains located to
readily drain the entire floor area.
2. Commercial kitchens. (In lieu of floor drains in commercial
kitchens, the code official may accept floor sinks.)
U. IPC Section 413.4; changed to read as follows:
413.4 Water supply required. All food waste grinders shall be
provided with a supply of cold water. The water supply shall be
protected against backflow by an air gap or with the installation of a
backflow preventer in accordance with Section 608.
V. IPC Section 417.5; changed to read as follows:
417.5 Shower floors or receptors. Floor surfaces shall be
constructed of impervious, noncorrosive, nonabsorbent and waterproof
materials.
Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of
9 inches (299 mm), measured from top of the drain to top of threshold
or dam. Thresholds shall be of sufficient width to accommodate a
minimum twenty-two (22) inch (559 mm) door.
W. IPC Section 417.5.2; changed to read to follows:
417.5.2 Shower lining. Floors under shower compartments, except
where prefabricated receptors have been provided, shall be lined and
made water tight utilizing material complying with Sections 417.5.2.1
through 417.5.2.4. Such liners shall turn up on all sides at least ~ ~
inches (51 mm) above the finished threshold level and shall extend
outward over the threshold and fastened to the outside of the threshold
jamb. Liners shall be recessed and fastened to an approved backing
... (remainder of section unchanged) ...
X. IPC Section 417.7; added to read as follows:
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417.7 Test for shower receptors. Shower receptors shall be tested
for water tightness by filling with water to the level of the rough
threshold. The drain shall be plugged in a manner so that both sides
of pans shall be subjected to the test at the point where it is clamped to
the drain.
Y. IPC Section 419.3; changed to read as follows:
419.3 Surrounding material. Wall and floor space to a point 2 feet
(610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor
and at least 2 feet (610 mm) to each side of the urinal shall be
waterproofed with a smooth, readily cleanable, hard, nonabsorbent
material.
Z. IPC Section 502.5; changed to read as follows:
502.5 Water heaters installed in attics. Attics containing a water
heater shall be provided... (bulk of paragraph unchanged) ... side of
the water heater. The clear access opening dimensions shall be a
minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger
where such dimensions are not large enough to allow removal of the
water heater.
AA. IPC Section 502.5.1; added to read as follows:
502.5.1 Electrical requirements. A lighting fixture controlled by a
switch located at the required passageway opening and a receptacle
outlet shall be provided at or near the equipment location in
accordance with the electrical code.
BB. IPC Section 502.7; added to read as follows:
502.7 Water heaters above ground or floor. When the attic, roof,
mezzanine or platform in which a water heater is installed is more than
eight (8) feet (2438 mm) above the ground or floor level, it shall be
made accessible by a stairway or permanent ladder fastened to the
building.
502.7.1 Whenever the mezzanine or platform is not adequately
lighted or access to a receptacle outlet is not obtainable from the main
level, lighting and a receptacle outlet shall be provided in accordance
with Section 502.5.1.
CC. IPC Section 504.6.1; changed to read as follows:
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504.6.1 Discharge. The relief valve shall discharge through full size
piping to a safe place of disposal such as a floor drain, outside the
building, or an indirect waste receptor. The discharge pipe shall not
have any trapped sections. When the drain pipe is run exposed, in an
area outside of the room where the water heater is located, in a
manner that would make it subject to damage, the drain shall have a
visible air gap or air gap fitting located in the same room as the water
heater. The discharge shall be installed in a manner that does not
cause personal injury to occupants in the immediate area or structural
damage to the building.
The end of the discharge pipe shall not be threaded. The discharge
pipe shall not discharge into the pan required in Section 504.7.
When discharging outside the building, the point of discharge shall be
with the end of the pipe not more than two (2) feet (610 mm) nor less
than six (6) inches (152 mm) above the ground or the floor level of the
area receiving the discharge and pointing downward.
DO. IPC Section 505.1; changed to read as follows:
505.1 Unfired vessel insulation. Unfired hot water storage tanks
shall be insulated so that heat loss is limited as specified in Section
504, international Energy Conservation Code. (delete remainder of
section)
EE. IPC Section 506.1; added to read as follows:
506.1 Combustion air and ventilation. Combustion air and
ventilation for fuel burning water heaters, other than gas-fired, shall be
in accordance with the International Mechanical Code. Combustion air
and ventilation for gas-fired water heaters shall be in accordance with
the International Fuel Gas Code.
FF. IPC Section 604.4.1; added to read as follows:
604.4.1 State maximum flow rate. Where the State mandated
maximum flow rate is more restrictive than those of this section, the
State flow rate shall take precedence.:.
GG. IPC Tables 605.4 and 605.5; delete "Polybutylene (PB) plastic pipe
and tubing".
HH. IPC Section 606.1; delete items 4,5 and 6.
II. IPC Section 606.2; items 1 and 2 changed to read as follows:
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1. On the fixture supply to each plumbing fixture. In other than one
and two family and multiple family residential occupancies, and
other than in individual guestrooms that are provided with unit
shutoff valves in hotels, motels, boarding houses and similar
occupancies.
Exception: Tub and shower valves.
2. On the water supply pipe to each sillcock when subject to freezing.
JJ. IPC Section 607.2.1; changed to read as follows:
607.2.1 Piping insulation. Piping in required return circulation
systems shall be insulated as required in Section 504, International
Energy Conservation Code. (delete remainder of section)
KK. IPe Section 608.1; changed to read as follows:
608.1 General. A potable water supply system shall be designed,
installed and maintained in such a manner so as to prevent
contamination from non-potable liquids, solids or gases being
introduced into the potable water supply through cross-connections or
any other piping connections to the system. Back flow preventer
applications shall conform to applicable local regulations, Table 608.1,
and as specifically stated in Sections 608.2 through 608.16.9.
LL. IPC Section 608.17; changed to read as follows:
608.17 Protection of individual water supplies. An individual water
supply shall be located and constructed so as to be safeguarded
against contamination in accordance with applicable local regulations.
In the absence of other local regulations, installation shall be in
accordance with Sections 608.17.1 through 608.17.8.
MM.IPC Section 708.3.4; changed to read as follows:
708.3.4 Upper terminal. Each horizontal drain shall be provided with
a c1eanout at its upper terminal.
Exception: Cleanouts may be omitted on a horizontal drain less that
five (5) feet (1524 mm) in length unless such line is serving sinks or
urinals.
NN. IPC Section 712.5; added to read as follows:
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712.5 Dual Pump System. All sumps shall be automatically
discharged and, when in any "public use" occupancy where the sump
serves more than 10 fixture units, shall be provided with dual pumps or
ejectors arranged to function independently in case of overload or
mechanical failure. For storm drainage sumps and pumping systems,
see Section 1113.
00. IPC SECTION 714.1; changed to read as follows:
ENGINEERED DRAINAGE DESIGN
714.1 Design of drainage system. The SIZing requirements for
plumbing drainage systems shall be determined by approved design
methods.
PP. IPC Section 802.1.1; delete the exception.
QQ. IPC Section 802.4; add a sentence to read as follows:
No standpipe shall be installed below the ground.
RR. IPC Section 904.1; changed to read as follows:
904.1 Roof extension. All open vent pipes that extend through a roof
shall be terminated at least six (6) inches (152 mm) above the roof,
except that where a roof is to be used for any purpose other than
weather protection, the vent extensions shall be run at least 7 feet
(2134 mm) above the roof.
SS. IPC Section 912.1; changed to read as follows:
912.1 Type of fixture. A combination drain and vent system shall not
serve fixtures other than floor drains, standpipes, and indirect waste
receptors. Combination drain and vent systems shall not receive the
discharge of a food waste grinder.
TT. IPC Section 912.2; changed to read as follows:
912.2 Installation. The only vertical pipe of a combination drain and
vent system shall be the connection between the fixture drain of a
standpipe, and the horizontal combination drain and vent pipe. The
maximum vertical distance shall be 8 feet (2438 mm).
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UU. IPC Section 1106.1; changed to read as follows:
1106.1 General. The size of the vertical conductors and leader,
building storm drains, building storm sewers, and any horizontal
branches of such drains or sewers shall be based on six (6) inches per
hour rainfall rate.
VV. IPC Section 1107.3; changed to read as follows:
1107.3 Sizing of secondary drains. Secondary (emergency) roof
drain system shall be sized in accordance with Section 1106.
Scuppers shall be sized to prevent the depth of ponding water ...
(remainder of section unchanged) ...
WW.IPC Chapter 12; deleted.
(d) Amendments to International Fuel Gas Code. The International Fuel Gas
Code, 2000 edition, as recommended by the International Codes Council
is hereby amended to include the recommendations of the Regional
Codes Committee of the North Central Texas Council of Governments for
plumbing installations in the City of Colleyville, Texas, which are as
follows:
A. Section 102.2; add an exception to read as follows:
Exception; Existing dwelling units shall comply with Section 620.2.
B. Section 102.8; change to read as follows:
102.8 Referenced codes and standards. The codes and standards
referenced herein shall be those that are listed in Chapter 7 and such
codes, when specifically adopted, and standards shall be considered
part of the requirements of this code to the prescribed extent of each
such reference. Where differences occur between provisions of this
code and the referenced standards, the provisions of this code shall
apply. Whenever amendments have been adopted to the referenced
codes and standards, each reference to said code and standard shall
be considered to reference the amendments as well. Any reference to
NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as
adopted.
C. Section 202; amend definition of "Unvented Room Heater" to add a
sentence to read as follows:
For the purpose of installation, this definition shall also include
"Unvented Decorative Appliances."
. ..._,'0_..... __..,~___..._.<____._...._.._..u_~"~_~__.____.___.^__~~_.~.______....."._"'..,'"
Ordinance 0-01-1310
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D. Section 302.3; change to read as follows:
302.3 Cutting, notching and boring in wood members. When
permitted by the International Building Code, the cutting, notching and
boring of wood members shall comply with Sections 302.3.1 through
302.3.3.
E. Section 305.4; delete
F. Add Section 305.5 to read as follows:
305.5 Clearances from grade. Equipment and appliances installed at
grade level shall be supported on a level concrete slab or other
approved material extending above adjoining grade a minimum of 3
inches (76mm) or shall be suspended a minimum of 6 inches (152mm)
above adjoining grade.
G. Section 306.3; change to read as follows:
306.3 Appliances in attics. Attics containing appliances requiring
access shall be provided... (bulk of paragraph unchanged)... side of
equipment. The clear access opening dimensions shall be a minimum
of 20 inches by 30 inches (508 mm by 762 mm), or larger where such
dimensions are not large enough to allow removal of the largest
appliance. As a minimum, access to the attic space of residential uses
shall be provided by one of the following:
1. A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
H. Section 306.3.1; add a sentence to read as follows:
Low voltage wiring of 50 volts or less shall be installed in a manner to
prevent physical damage.
I. Section 306.4.1; add a sentence to read as follows:
Low voltage wiring of 50 volts or less shall be installed in a manner to
prevent physical damage.
J. Section 306.5; change to read as follows:
306.4 Appliances on roofs or elevated structures. Where
appliances requiring access are installed on roofs or elevated
Ordinance 0-01-1310
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structures at a height exceeding 16 feet (4877 mm), such access shall
be provided by a permanent approved means of access. Permanent
exterior ladders providing roof access need not extend closer than 8
feet (2438 mm) to the finish grade or floor level below and shall extend
to the appliance's level service space. Such access shall ... (bulk of
section to read the same)... on roofs having a slope greater than 4
units vertical in 12 units horizontal (33-percent slope).
K. Add Section 306.5.1.1 to read as follows:
306.5.1.1 Catwalk. On roofs having slopes greater than 4 units
vertical in 12 units horizontal, a catwalk at least 16 inches in width with
substantial cleats spaced not more than 16 inches apart shall be
provided from the roof access to the working platform at the appliance.
L. Section 306.5.2; add a sentence to read as follows:
Low voltage wiring of 50 Volts or less shall be installed in a manner to
prevent physical damage.
M. Add Sections 306.7 and 306.7.1 to read as follows:
306.7 Water heaters above ground or floor. When the attic, roof,
mezzanine or platform in which a water heater is installed is more than
eight (8) feet (2438 mm) above the ground or floor level, it shall be
made accessible by a stairway or permanent ladder fastened to the
building.
306.7 Whenever the mezzanine or platform is not adequately lighted
or access to a receptacle outlet is not obtainable from the main level,
lighting and a receptacle outlet shall be provided in accordance with
Section 306.3.1.
N. Section 401.5; add a second paragraph to read as follows:
Both ends of each section of medium pressure corrugated stainless
steel tubing (CSST) shall identify its operating gas pressure with an
approved tag. The tags are to be composed of aluminum or stainless
steel and the following wording shall be stamped into the tag:
"WARNING
Y2 TO 5 psi gas pressure
Do Not Remove"
O. Section 402.3; add an exception to read as follows:
_._~,_._~,__.__._.,...___.__,_~...i,..~_._.,__"._..,_..'_
Ordinance 0-01-1310
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Exception: Corrugated stainless steel tubing (CSST) shall be a
minimum of %".
P. Section 404.6; change to read as follows:
404.6 Piping in solid floors. Piping is solid floors shall be laid in
channels in the floor and covered in a manner that will allow access to
the piping with a minimum of damage to the building. Where such
piping is subject to exposure to excessive moisture of corrosive
substances, the piping shall be protected in an approved manner. As
an alternative to installation in channels, the piping shall be installed in
accordance with Section 404.11.
Q. Section 404.9; change to read as follows:
404.9 Minimum burial depth. Underground piping systems shall
be installed a minimum depth of 18 inches (458 mm) below grade.
R. Section 404.9.1; delete.
S. Section 406.4; add a sentence to read as follows:
The equipment used shall be of an appropriate scale such that
pressure loss can be easily determined.
T. Section 406.4.1; change to read as follows:
406.4.1Test pressure. The test pressure to be used shall not be less
than 10 psig (68.9 kPa gauge), or at the discretion of the Code Official,
the piping and valves may be tested at a pressure of at least six (6)
inches (152 mm) of mercury, measured with a manometer or slope
gauge. For welded piping, and for piping carrying gas at pressures in
excess of fourteen (14) inches water column pressure (3.48 kPa), the
test pressure shall not be less than sixty (60) pounds per square inch
(413.4 kpa).
U. Section 406.2; change to read as follows:
406.2 Test duration. Test duration shall be held for a length of time
satisfactory to the Code Official, but in no case for less than fifteen
minutes. For welded piping, and for piping carrying gas at pressures in
excess of fourteen (14) inches water column pressure (3.48 kPa), the
test duration shall be held for a length of time satisfactory to the Code
Official, but in no case for less than thirty (30) minutes.
V. Add Section 409.1.4 to read as follows:
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409.1.4 Valves in C55T installations. Shutoff valves installed with
corrugated stainless steel (CSST) piping systems shall be supported
with an approved termination fitting, or equivalent support, suitable for
the size of the valves, of adequate strength and quality, and located at
intervals so as to prevent or damp out excessive vibration but in no
case greater than 12-inches from the center of the valve. Supports
shall be installed so as not to interfere with the free expansion and
contraction of the system's piping, fittings, and valves between
anchors. All valves and supports shall be designed and installed so
they will not be disengaged by movement of the supporting piping.
W. Section 410.1; add a second paragraph and exception to read as
follows:
Access to regulators shall comply with the requirements for access to
appliances as specified in Section 306.
Exception: A passageway or level service space is not required when
the regulator is capable of being served and removed through the
required attic opening.
X. Section 613.6; add a sentence to read as follows:
The size of duct shall not be reduced along its developed length nor at
the point of termination.
Y. Section 613.6.1; change to read as follows:
613.6.1 Maximum length. The maximum length of a clothes dryer
exhaust duct shall not exceed 25 feet (7620 mm) from the dryer
location to the outlet terminal with not more than two bends. When
extra bends are installed, the maximum length of the duct shall be
reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5
feet (1524 mm) for each 90 degree (1.6 rad) bend that occur after the
first two bends, measuring in the direction of airflow.
Z. Section 620.2; change to read as follows:
620.2 Prohibited use. One or more unvented room heaters shall not
be used as the sole source of comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be
used in dwelling units, in accordance with the code provisions in effect
when installed, when approved by the Code Official unless an unsafe
condition is determined to exist as described in Section 108.7
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AA. Section 623.1.1; change to read as follow:
623.1.1 Installation requirements. The requirements for water
heaters relative to access, sizing, relief valves, drain pans and scald
protection shall be in accordance with the International Plumbing
Code.
Sec. 6. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
165 to read as follows:
Section 18-165. Appeals.
The contractors' board outlined in Chapter 22, Article II, of the Code of
Ordinances of the City of Colleyville shall serve as the plumbing board for the
purpose of hearing appeals, making interpretations, formulating
recommendations to the city council, and carrying out any other duties
required of a plumbing board in accordance with the provisions of this article.
Sec. 7. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Division 2
and Section 18-166 to read as follows:
DIVISION 2. LICENSING AND CONTRACTOR REGISTRATION
Section 18-166. State license required
It shall be unlawful for any person who is not properly licensed with the State
of Texas to install any plumbing system or equipment within the corporate
limits of the City of Colleyville.
Sec. 8. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
167 to read as follows:
Section 18-167. Contractor registration.
(a) It shall be unlawful for any person to offer to do plumbing work within the
coroporate limits of the City of Colleyville unless the person is properly
registered in compliance with thisSection.
(b) It shall be unlawful for any person to engage in the business of plumbing
contractor without being registered in the City of Colleyville in compliance
with this article. To be eligible for registration, any applicant for a plumbing
certificate of registration shall possess a valid license issued by the State
of Texas.
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(c) Applicants for a certificate of registration as plumbing contractor shall file
with the code official an application setting forth the names of the person
or persons who are the owners of the business or who are the officers of
the firm. and the name and address of the persons who are responsible
for the business.
(d) The holder of a plumbing contractor's certificate of registration may
engage in the business of and secure permits for the installation, addition,
alteratiion, servicing, replacing, removing, or repairing of any plumbing
system.
(e) A registered plumbing contractor shall correct any defect, error, or
deficiency in any work installed under the authority of any plumbing permit
issued to him or her within ten (10) calendar days after written notification
by the code official or within a reasonable time the code official prescribes.
The code official inspector may without further notice, stop routinely
inspecting a building or premises until corrections he or she requires have
been made, inspected, and approved.
Sec. 9. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
168 to read as follows:
Section 18-168. Proof of insurance.
Prior to the issuance of any plumbing permit for any purpose for which a
permit is required, each plumbing contractor shall provide written proof of
commercial general liability insurance written by a company licensed to do
business in this state for property damage or bodily injury in a coverage
amount not less than $300,000 for all claims arising in anyone year period.
Sec. 10. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Division 3
and Section 18-169 to read as follows:
DIVISION 3. PERMITS
Section 18-169. Permit required; exceptions.
(a) Permit required. It shall be unlawful for any person to erect, install,
enlarge, alter, repair, remove, convert or replace any plumbing system,
the installation of which is regulated by this code, or to cause any such
work to be done, on any building, structure, or premises, whether publicly
or privately owned, without securing a permit from the code official, except
as otherwise provided in this article.
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(b) Exempt work. No permit will be required to execute any of the following
work:
i. The stopping of leaks in drains, water, soil, waste or vent pipe,
provided, however, that if any concealed trap, drainpipe, water, soil,
waste or vent pipe becomes defective and it becomes necessary to
remove and replace the same with new material, such work shall be
considered as new work and a permit shall be obtained and inspection
made as provided in this code.
ii. Replacement of exposed traps; replacement of valves, nipples to sinks
and lavatories, replacement of plumbing fixtures, garbage disposals,
dishwashers, clothes washers and similar appliances; provided that in
all cases there is no change or replacement of plumbing piping.
Exception: Replacement of water heaters and shower pans shall
require a permit.
iii. The clearing of stoppages in drains, soil, waste and vent piping.
(c) Exemption from the permit requirements of this code shall not be deemed
to grant authorization for any work to be done in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
(d) Working with no permit. No person shall do plumbing work, with or
without a permit, in violation of the State of Texas Plumbing License Law
(e) Revocation. The code official is authorized to revoke and declare null and
void any permit obtained under this article by fraud, misrepresentation, or
in any way contrary to the requirements of this article. Such a permit may
also be revoked and declared null and void by the code official for any
violation of the provisions of this article, or for any other just cause.
(f) Deviation from permit. No deviation shall be made from the installation
described in the permit issued under this article without notifying the code
official.
(g) The issuance of a permit shall not be taken as permission to violate any of
the requirements of this article.
(h) Securing permits for person not entitled. It shall be unlawful for any
person to secure for or furnish a permit for the installation, alteration, or
repair of a plumbing system or equipment to any person not entitled to
such permit under the regulations of this article.
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Sec. 11. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
170 to read as follows:
Section 18-170. Whom permits may be issued to.
(a) General. No permit shall be issued to any person to do or cause to be
done any work regulated by this code, except to a person holding a valid,
unexpired and unrevoked State of Texas Master Plumber's License, and
who has on file with the City a registration form as required by this code,
except as otherwise hereinafter provided in this section.
(b) Homestead owner. Permits may be issued to a property owner who
wishes to do plumbing work in a building owned and occupied by him as
his homestead. The term "to do plumbing work" shall be construed to
mean work actually done personally by the owner.
(c) Appliance installation and service. Permits required by this code may be
issued for appliance and installation service work done by anyone who is
an appliance dealer or is employed by an appliance dealer, and acting as
an appliance installation man or appliance service man in connecting
appliances to existing piping installations; provided, however, that all work
and service named or referred to in this section shall be subject to
inspection and approval by the code official in accordance with the terms
of this code.
(d) Licensed Landscape Irrigators. Licensed Landscape Irrigators, when
licensed under Article 8751, Tex. Rev. Civ. Stat. Ann., may be issued
permits for installation of lawn irrigation systems.
(e) Maintenance employees. Permits required by this code may be issued for
plumbing work done by anyone who is regularly employed as or acting as
a maintenance man or maintenance employee, incidental to and in
connection with the business in which he is employed or engaged or who
does not engage in the occupation of a plumber for the general public; or,
construction, installation and maintenance work done upon the premises
or equipment of a railroad by an employee thereof who does not engage
in the occupation of a plumber for the general public.
(f) Failure to correct deficiency. Failure on the part of any registered
contractor to correct any defect, error, or deficiency in any work installed
under the authority of a plumbing permit issued to him, within ten (10)
days after written notification thereof by the code official or within such
further reasonable time as may upon request be prescribed, the code
official shall without further notice stop the issuance of permits to such
registered contractor until such corrections have been made, inspected,
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and approved. In addition thereto, the penalty provided for violation of this
article may be enforced.
Sec. 12. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
171 to read as follows:
Section 18-171. Application for permit.
(a) Application. Any person entitled to apply for and receive a permit as
provided in this article shall make application on forms provided by the
code official. The application shall be accompanied by such information
as may be necessary to determine whether the installation, as proposed,
will be in conformity with the requirements of this code. Every such
application shall:
i. Identify and describe the work to be covered by the permit for which
application is made.
ii. Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily identify
and definitely locate the proposed building or work.
iii. Indicate the use or occupancy for which the proposed work is intended
when deemed necessary.
iv. Be accompanied by plans, diagrams, computations and specifications
and other data related to the proposed work.
v. Be signed by the applicant or an authorized agent of the applicant.
vi. Give such other data and information as may be required by the code
official to determine compliance with this code.
(b) Plans and specifications. Plans, specifications, engineering calculations,
diagrams, soil investigation reports, special inspection and structural
observation programs and other data shall constitute the submittal
documents and shall be submitted in one or more sets with each
application for a permit. When such plans are not prepared by an
architect or engineer, the code official may require the applicant submitting
such plans or other data to demonstrate that state law does not require
that the plans be prepared by a licensed architect or engineer. The code
official may require plans, computations and specifications to be prepared
and designed by an engineer or architect licensed by the state to practice
as such even if not required by state law.
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Ordinance 0-01-1310
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Exception: The code official may waive the submission of plans,
calculations, construction inspection requirements and other data if it is
found that the nature of the work applied for is such that reviewing of plans
is not necessary to obtain compliance with this code.
(c) Information on plans and specifications. Plans and specifications shall be
drawn to scale upon substantial paper or cloth and shall be of sufficient
clarity to indicate the location, nature and extent of the work proposed and
show in detail that it will conform to the provisions of this code and all
relevant laws, ordinances, rules and regulations.
Plans for building of other than Group R, Division 3 and Group U
Occupancies shall indicate how required structural and fire-resistive
integrity will be maintained where penetrations will be made for plumbing
and similar systems.
(d) Architect or engineer of record. When it is required that documents be
prepared by an architect or engineer, the code official may require the
owner to engage and designate on the permit application an architect or
engineer who shall act as the architect or engineer of record. If the
circumstances require, the owner may designate a substitute architect or
engineer of record who shall perform all of the duties required of the
original architect or engineer of record. The code official shall be notified
in writing by the owner if the architect or engineer of record is changed or
is unable to continue to perform the duties.
The architect or engineer of record shall be responsible for reviewing and
coordinating all submittal documents prepared by others, including
deferred submittal items, for compatibility with the design of the building.
(e) Deferred submittals. For the purpose of this Section, deferred submittals
are defined as those portions of the design that are not submitted at the
time of the application and that are to be submitted to the code official
within a specified period.
Deferral of any submittal items shall have prior approval of the code
official. The architect or engineer of record shall list the deferred
submittals on the plans and shall submit the deferred submittal documents
for review by the code official.
Submittal documents for deferred submittal items shall be submitted to the
architect or engineer of record who shall review them and forward them to
the code official with a notation indicating that the deferred submittal
documents have been reviewed and that they have been found to be in
general conformance with the design of the building. The deferred
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submittal items shall not be installed until their design and submittal
documents have been approved by the code official.
(f) Expiration of plan review. Applications for which no permit is issued within
180 days following the date of application shall expire by limitation, and
plans and other data submitted for review may thereafter be returned to
the applicant or destroyed by the code official.
The code official may extend the time for action by the applicant for a
period not exceeding 180 days on request by the applicant showing that
circumstances beyond the control of the applicant have prevented action
from being taken. No application shall be extended more than once. In
order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
Sec. 13. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
172 to read as follows:
Section 18-172. Permit issuance.
(a) Issuance. The application, plans, specifications, computations and other
data filed by an applicant for a permit shall be reviewed by the code
official. Such plans may be reviewed by other departments of this
jurisdiction to verify compliance with any applicable laws under its
jurisdiction. If the code official finds that the work described in an
application for a permit and the plans, specifications and other data filed
therewith conform to the requirements of this code and other pertinent
laws and ordinances, and the fees specified in this article and all fees for
water tap and sewer service have been paid, the code official shall issue a
permit to the applicant.
When the code official issues the permit where plans are required, the
code official shall endorse in writing or stamp the plans and specifications
APPROVED. Such approved plans and specifications shall not be
changed, modified or altered without authorization from the code official,
and all work regulated by this code shall be done in accordance with the
approved plans.
The code official may issue a permit for the construction of part of a
plumbing system before the entire plans and specifications for the whole
building or structure have been submitted or approved, provided adequate
information and detailed statements have been filed complying with all
pertinent requirements of this code. The holder of a partial permit shall
proceed without assurance that the permit for the entire building or
structure will be granted.
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(b) Withholding of permits. The code official is authorized to withhold permits
to any person for the reasons set forth herein upon written notice to such
person. The determination of the code official may be appealed to the
Board as provided in this code.
The code official is authorized to withhold the issuance of plumbing
permits to:
i. any person until such time as the plumbing for which a permit was
previously issued has been completed or is being performed in an
efficient manner in a reasonable length of time.
ii. any person who is delinquent in the payment of fees owed the City of
Colleyville.
iii. any person who has performed previous jobs which remain in violation
of this code.
(c) Validity. The issuance of a permit or approval of construction documents
shall not be construed to be a permit for, or an approval of, any violation of
any of the provisions of this code or of other ordinance of the City of
Colleyville, Texas. No permit presuming to give authority to violate or
cancel the provisions of this code shall be valid.
The issuance of a permit based upon construction documents and other
data shall not prevent the code official from thereafter requiring the
correction of errors in said construction documents and other data or from
preventing building operations being carried on thereunder when in
violation of this code or of other ordinances of the City of Colleyville.
(d) Expiration. Every permit issued by the code official under the provisions of
this code shall expire by limitation and become null and void if the work
authorized by such permit is not commenced within 180 days from the
date of such permit, or if the work authorized by such permit is suspended
or abandoned at any time after the work is commenced for a period of 180
days. Before such work can be recommenced, a new permit shall be first
obtained and the fee shall be one-half the amount required for a new
permit for such work, provided no changes have been made or will be
made in the original construction documents for such work, and provided
further that such suspension or abandonment has not exceeded one year.
In order to renew action on a permit after expiration, the permittee shall
pay a new full permit fee.
(e) Extensions. Any permittee holding an unexpired permit shall have the right
to apply for an extension of the time within which the permittee will
commence work under that permit when work is unable to be commenced
within the time required by this section for good and satisfactory reasons.
The code official shall extend the time for action by the permittee for a
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period not exceeding 180 days if there is reasonable cause. No permit
shall be extended more than once.
(f) Suspension or revocation of permit. The code official may, in writing,
suspend or revoke a permit issued under the provisions of this code
whenever the permit is issued in error or on the basis of incorrect
information supplied, or in violation of any ordinance or regulation or any
of the provisions of this code.
(g) Administrative hold. Any administrative discrepancy including but not
limited to, delinquency in payments, returned checks, failure to pay for re-
inspection, investigation or registration fees, and failure to keep
registration, insurance or bond up-to-date, may result in a hold being
placed on issuance of permits and performance of inspections of existing
permits until the administrative discrepancy is corrected. For the purpose
of this section, the term "up-to-date" shall mean that whenever any of
these items is required by this or any other code to obtain a permit
covered by this code, it shall be maintained current and in effect until the
permit is finaled.
(h) Retention of plans. One set of approved plans, specifications and
computations shall be retained by the code official until final approval of
the work covered therein. One set of approved construction documents
shall be returned to the applicant, and said set shall be kept on the site of
the building or work at all times during which the work authorized thereby
is in progress.
(i) Job abandonment. If, after a permit is issued under the provisions hereof,
the applicant abandons the job, becomes incapacitated or his/her services
are terminated prior to final inspection and approval thereof by the code
official and before the permit has expired, the applicant or his lawful legal
representative shall immediately notify the office of the code official in
writing. Upon such notification, the code official shall immediately have an
inspection made of the work completed to that time, and may revoke the
outstanding permit and require that a new permit with the payment of fees
be obtained before the work is allowed to resume.
Sec. 14. THAT Chapter 18, Article IV - Plumbing of the Code of Ordinances of the City
of Colleyville, Texas, is hereby amended to insert a new Section 18-173 to
read as follows:
Section 18-173. Plumbing permit fees.
(a) Permit fees. The schedule of permit fees shall be in accordance with the
fee schedules contained in the 1997 Uniform Administrative Code as
follows:
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i. Table 3-D - Plumbing Permit Fees
ii. Additional permit fees are contained in Chapter 2, Article II. Finance of
the Code of Ordinances of the City of Colleyville
(b) Inspection fees. The permit fees prescribed in this article shall include the
cost of all required inspections.
(c) Fees due. All plumbing permit fees shall be due when the permit is
issued.
(d) Fee refunds. The code official shall authorize the refunding of fees as
follows:
i. The full amount of any fee paid hereunder that was erroneously paid or
collected.
ii. Not more than eighty (80%) percent of the permit fee when no work
has been done under a permit issued in accordance with this code.
iii. Not more than eighty (80%) percent of the plan review fee paid when
an application for a permit for which a plan review fee has been paid is
withdrawn or cancelled before any plan review effort has been
expended.
The code official shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee not later than 180
days after the date of fee payment.
Sec. 15. THAT Chapter 18, Article IV - Plumbing of the Code of Ordinances of the City
of Colleyville, Texas, is hereby amended to insert a new Section 18-174 to
read as follows:
Section 18-174. Investigation fees for work without a permit.
(a) Investigation. Whenever any work for which a permit is required by this
code has been commenced without first obtaining said permit, an
investigation fee equal to the amount of the permit shall be charged, which
shall be separate from any permit fee required by this code.
Exceptions:
1. This provision shall not apply to emergency work when it has been
proven to the satisfaction of the code official that such work was
urgently necessary and that it was not practical to obtain a permit
before the commencement of the work. In all cases, a permit must be
obtained as soon as it is practical to do so, and if there be an
unreasonable delay in obtaining such permit, an investigation fee as
herein provided shall be charged.
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2. The investigation fee required shall be charged for work for which an
inspection has been requested and no permit has been obtained.
(b) Cancellation of permit. A plumbing permit may be cancelled by the
applicant at any time within six months of the date of its issuance. If no
work has been done under such permit, the code official, when requested
in writing by the applicant, shall refund 90 percent of the permit fee paid.
Sec. 16. THAT Chapter 18, Article IV - Plumbing of the Code of Ordinances of the City
of Colleyville, Texas, is hereby amended to insert a new Division 4 and
Section 18-175 to read as follows:
DIVISION 4. INSPECTIONS AND INSPECTORS
Section 175. Inspections.
(a) Inspection required. All plumbing systems for which a permit is required
by this code shall be inspected by the code official. No portion of any
plumbing system shall be concealed until inspected and approved.
Neither the code official nor the City of Colleyville shall be liable for
expense entailed in the removal or replacement of material required to
permit inspection. The holder of the permit shall be responsible for the
scheduling of such inspections. Plumbing systems regulated by this code
shall not be connected to the water, energy fuel supply, or the sewer
system until authorized by the code official.
Exceptions:
1. The requirements of this section shall not be considered to prohibit the
operation of any plumbing installed to replace existing equipment or
fixtures serving an occupied portion of the building in the event a
request for inspection of such equipment or fixture has been filed with
the Code Official not more than 72 hours after such replacement work
is completed, and before any portion of such equipment is concealed
by any permanent portion of the building.
2. When approved by the code official, the inspection process as required
by this code may be performed by an approved Third Party
Organization.
(b) Rough-in inspection. This inspection shall be made after trenches or
ditches are excavated and bedded, piping installed, and before any
backfill is put in place. When excavated soil contains rocks, broken
concrete, frozen chunks and other rubble that would damage or break the
piping or cause corrosive action, clean backfill shall be on the job site.
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(c) Top-out inspection. This inspection shall be made after the roof, framing,
fire blocking, fire stopping, draft stopping and bracing are in place and all
sanitary, storm and water distribution piping is rough-in and prior to the
installation of wall or ceiling membranes.
(d) Final inspection. This inspection shall be made after the building is
complete, all plumbing fixtures are in place, properly connected, and the
structure is ready for occupancy.
(e) Other inspections. In addition to the inspections specified above, the code
official may make or require other inspections of any plumbing work to
ascertain compliance with the provisions of this code or State plumbing
laws.
(f) Testing. Plumbing work and systems shall be tested as required in
accordance with this section and as follows:
i. International Plumbing Code, Section 312.
ii. International Fuel Gas Code, Section 406.
Tests shall be made by the permit holder and observed by the code
official.
(g) No implied approval authority. Approval as a result of an inspection shall
not be construed to be an approval of a violation of the provisions of this
code or of other ordinances of the City of Colleyville. Inspections
presuming to give authority to violate or cancel provisions of this code or
of other ordinances of the jurisdiction shall not be valid.
(h) Equipment, material and labor for tests. All equipment, material and labor
required for testing a plumbing system or part thereof shall be furnished by
the permit holder.
(i) Re-inspection and testing. Where any work or installation does not pass
any initial test or inspection, the necessary corrections shall be made to
comply with this code. The work or installation shall then be resubmitted
to the code official for inspection and testing.
U) Inspection requests. It shall be the duty of the person doing the work
authorized by a permit to notify the code official that such work is ready for
inspection. The code official may require that every request for inspection
be filed at least one working day before such inspection is desired. Such
request may be in writing or by telephone, at the option of the code official.
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The person doing the work authorized by the permit shall make sure that
the work will stand tests prescribed elsewhere in this code, before giving
the above notification.
It shall be the duty of the person requesting inspections required by this
code to provide access to and means for proper inspection of such work.
When the work is within a residence where access is dependent upon the
occupant being home, it shall be the duty of the person doing the work to
make arrangements for inspections. Failure to make arrangements within
a timely manner or the inability for the inspector to do the inspections at
the arranged times will result in re-inspection fees being assessed to the
person doing the work.
Exception: If the re-inspection fee is for a "Final Inspection" for a
residence where access is dependent upon the occupant, after the fee
has been paid by the person doing the work additional arrangements for
the final inspection and penalties for not receiving such inspection shall fall
on the occupant.
This shall not relieve the person doing the work from having to correct
improper work and such accompanying penalties should the work fail re-
inspection.
(k) Inspection notice. Upon inspection, the code official shall complete an
inspection notice indicating approval or disapproval of the work completed
at the time of inspection. The inspection notice shall be furnished to the
plumbing contractor or an agent of the permit holder.
(I) Re-inspections fees. A re-inspection fee may be assessed for each
inspection or re-inspection when such portion of work for which inspection
is called is not complete or when corrections called for are not made.
This section is not to be interpreted as requiring re-inspection fees the first
time a job is rejected for failure to comply with the requirements of this
code, but as controlling the practice of calling for inspections before the
job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed when the approved plans are not
readily available to the inspector, for failure to provide access on the date
for which inspection is requested, or for deviating from plans requiring the
approval of the code official.
To obtain a re-inspection, the applicant shall file an application in writing
on a form furnished for that purpose and pay the re-inspection fee in
accordance with the applicable fee schedule.
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In instances where re-inspection fees have been assessed, no additional
inspection of the work will be performed until the required fees have been
paid.
Sec. 17 . THAT Chapter 18, Article IV - Plumbing of the Code of Ordinances of the City
of Colleyville, Texas, Section 18-176 is hereby amended in its entirety to read
as follows:
Section 18.176. Connection approval.
(a) Energy connections. No person shall make connections from a source of
energy or fuel to any plumbing system or equipment regulated by this
code and for which a permit is required until approved by the code official.
(b) Other connections. No person shall make connection from any water-
supply line nor shall connect to any sewer system regulated by this code
and for which a permit is required until approved by the code official.
(c) Temporary connections. The code official shall have the authority to
authorize the temporary connection of the building or system to the utility
source for the purpose of testing plumbing systems or for use under a
temporary certificate of occupancy.
Sec. 18. THAT Chapter 18, Article IV - Plumbing of the Code of Ordinances of the City
of Colleyville, Texas, Section 18-177, is hereby amended in its entirety to
read as follows:
Section 18-177. Duties and powers of the code official.
(a) General. The code official shall enforce all of the provisions of this code
and shall act on any question relative to the installation, alteration, repair,
maintenance or operation of all plumbing systems, devices and equipment
except as otherwise specifically provided for by statutory requirements or
as provided for elsewhere in this code.
The code official shall have the power to render interpretations of this
code as may be deemed necessary in order to clarify the application of the
provisions of this code. Such interpretations shall be in conformity with
the intent and the purpose of this code.
(b) Rule-making authority. The code official shall have authority as necessary
in the interest of public health, safety and general welfare to adopt and
promulgate rules and regulations to interpret and implement the provisions
of this code to secure the intent thereof and to designate requirements
applicable because of local climatic or other conditions. Such rules shall
not have the effect of waiving requirements specifically provided for in this
code, or of violating accepted engineering practice involving public safety.
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(c) Applications and permits. The code official shall receive applications and
issue permits for the installation and alteration of plumbing, inspect the
premises for which such permits have been issued, and enforce
compliance with the provisions of this code. The code official shall keep
records of all permits issued and all inspections performed.
The application for permit shall be deemed to be granting authority to
enter the property for the purpose of inspections.
(d) Inspections. The code official or authorized agent shall make all the
required inspections. All inspection reports shall be in writing.
(e) Right of entry. Whenever it is necessary to make an inspection to enforce
the provisions of this code, or whenever the code official has reasonable
cause to believe that there exists in any building or upon any premises,
any condition or violation of this code that make the building or premises
unsafe, unsanitary, dangerous or hazardous, the code official shall have
the authority to enter the building or premises at all reasonable times to
inspect or to perform the duties imposed upon the code official by this
code. If such building or premises is occupied, the code official shall
present his credentials to the occupant and request entry. If building or
premises is unoccupied, the code official shall first make a reasonable
effort to locate the owner or other person having charge or control of the
building or premises and request entry. If entry is refused, the code
official shall have recourse to every remedy provided by law to secure
entry .
When the code official shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner,
occupant, or person having charge, care or control of any building or
premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the code official for the
purpose of inspection and examination pursuant to this code.
(f) Interference with code official. It shall be unlawful for any person to hinder
or interfere with the code official or any plumbing inspector in the
discharge of their duties under this code.
(g) Identification. The code official shall carry proper identification when
inspecting structures or premises in the performance of duties under this
code.
(h) Notices and orders. The code official shall issue all necessary notices or
orders to ensure compliance with this code.
Ordinance 0-01-1310
Page 37 of 38
(i) Department records. The code official shall keep official records of
applications received, permits and certificates issued, fees collected,
reports of inspections, and notices and orders issued. Such records shall
be retained in the official records for the period required for the retention of
public records.
U) Restriction of employees. No official or employee connected with the
department of plumbing inspection shall be permitted to work for, or be
connected with, any master plumber, plumbing manufacturer or wholesale
plumbing and supply company, or do any plumbing work within the
corporate limits of the City of Colleyville, Texas, while employed as a
plumbing inspector by the city.
(k) Liability. The code official charged with the enforcement of this code,
acting in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance shall not thereby
be rendered personally liable for damages that may accrue to persons or
property as a result of an act or by reason of an act or omission in the
discharge of such duties. A suit brought against the code official or
employee because of such act or omission performed by the code official
or employee in the enforcement of any provision of such codes or other
pertinent laws or ordinances implemented through the enforcement of this
code or enforced by the code enforcement agency shall be defended by
this jurisdiction until final termination of such proceedings and any
judgment resulting therefrom shall be assumed by this jurisdiction.
The liability exemption and defense protection provided in this section are
not extended to Third Party Companies, nor their employees.
This code shall not be construed to relieve from or lessen the
responsibility of any person owning, operating or controlling any building
or structure for any damages to persons or property caused by defects,
nor shall the code enforcement agency or its parent jurisdiction be held as
assuming any such liability by reason of the inspections authorized by this
code or any permits or certificates issued under this code.
Sec. 19. THAT Chapter 18, Article IV - Plumbing Code, of the Code of Ordinances of
the City of Colleyville, Texas, Section 18-179, is hereby amended to read as
follows:
Section 18-179 - 18-200. Reserved.
Sec. 20. THAT Section 18 of the Code of Ordinances of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this ordinance.
Sec. 21. THAT any person, firm, or corporation violating any of the provisions of this
Ordinance 0-01-1310
Page 38 of 38
ordinance shall be guilty of a misdemeanor and upon conviction thereof shall
be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and
every day such violation continues shall constitute a separate offense and
shall be punishable as such.
Sec. 22. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
,2001.
The second reading and public hearing being conducted on the day of
,2001.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CilY Of
CCeze
CITY COUNCIL T""s AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item#:
5
Ordinance # :
0-01-1311
Previous Action: 10/16/01
DEPT. :
FIRE
SUBJECT:
Approval to amend the 1991 Uniform Building
Code by limiting the type of roof materials to be
used on new residential and commercial
construction to a Class "C" rated roofing material,
or better, excluding any type of wood shingle
roofing material.
Second Reading and Public Hearing
Update
As requested by the City Council, on October 29, 2001, staff held a meeting of wood
shingle homeowners and Homeowner's Association Presidents and/or their
representatives for the purpose of providing information regarding a variety of wood
shingle issues and obtaining citizen feedback regarding this ordinance. Approximately
100 to 125 residents attended the meeting. Although attendees expressed varied
opinions of the proposed ordinance, much concern was expressed about potential
requirements regarding the amendment. Specifically, concern revolved around
replacement of wood shingles with alternative materials when full replacement is
unwarranted, or unnecessary.
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1311
Page 2 of 3
Homeowners would obviously have to shoulder the cost for the balance of full
replacement if resulting payments from insurance adjuster estimates covered only a
portion of the roof. However, it was made clear to the attendees that the proposed
amendment would affect only those roofs needing full replacement. The wording of the
ordinance would obviously need to reflect the precise intent of this requirement.
A realtor explained that the ability to insure homes with wood shingles is becoming
more difficult. She stated that many title company closings have been halted due to the
inability of the would-be owner to obtain insurance solely because of the wood shingles.
While we understand the dynamics involved when considering a "ban," or "prohibition"
of something of this nature, the overwhelming consideration is the loss potential from a
devastating neighborhood fire covering a sizable area. The incident in Woodland Hills,
due to the fact that we lost only one home to flying embers, has not had the impact that
we will undoubtedly experience in the future with the current available potential. The
number of homes in Colleyville with wood shingles is significant (1,239). That
significant number may not tell us when these multiple home fires will occur, but it
certainly predicts that they will occur in the future. The age of Colleyville's wood shingle
roofs and the question of the proper fire-retardant treatment, if treated at all, are issues
that need to be considered in the current ordinance.
In consideration of amending the ordinance to address full replacement and/or a
percentage of the prior roof assembly, staff has prepared Ordinance 0-01-1311 B.
First Reading and Public Hearing
Backqround
The dynamics at work during wood shingle roof fires has prompted us to consider the
loss potential regarding our neighborhoods. This ordinance mainly deals with
eliminating the use of wood shingles for new construction. Over the years, wood shingle
roofing has been a principle factor in the spread of fire from building-to-building causing
cities in the DFW Metroplex to lose entire neighborhoods. Both the International
Association of Fire Chiefs and the National Fire Protection Association have issued
warnings regarding the hazards of untreated wood shingle roofs for years. Preventing
these fast-spreading roof fires that endanger entire subdivisions is of paramount
importance to life safety, protection of property, and the protection of the economy in
Colleyville. A recent survey accomplished by the Fire Department found 1,241 homes
in Colleyville having wood shingle roofs. That is approximately 20% of our homes
susceptible to these fast-spreading fires. We were extremely fortunate during the fires
Agenda Briefing
Ordinance 0-01-1311
Page 3 of 3
occurring on October 2,2001, when only two homes were destroyed very quickly due to
wood shingle roofing. A lower humidity and a stronger wind would have undoubtedly
contributed to the destruction of more homes in the Woodland Hills subdivision.
Financial Impact
None
Recommendation
Approval of Ordinance 0-01-1311
Attachment
· Copy of the Wood Shingle Meeting Program Information (paper only)
. Ordinance 0-01-1311A
. OrdinanceO-01-1311B
WOOD SHINGLE MEETING
10/29/01
Proposed Ordinance
· We are meeting tonight because there is a proposed ordinance before the City Council to prohibit
wood shingles on construction of new homes.
. There is an effort to add an amendment to the proposed ordinance. That amendment concerns
replacement of existing wood shingles with alternative roofing material. But this is onlv reauired
when full (100%) replacement is warranted.
Recent Fires in Woodland Hills
Two homes were lost on October 2, 2001.
. In the first home, fire originated in the garage area and spread to the wood shingles. Although
someone was home at the time, the first call came from a neighbor that saw the roof burning.
· While enroute, the first fire department units dispatched reported a large column of black smoke
Yisible while still at some distance from the fire scene.
· The burning wood shingles from the first house fire created flying brands that were being carried
by a 15+ mph wind to the north-northwest. The humidity was about 38%.
· The wood shingles on the second home ignited from the flying brands carried by the wind from
the first house fire. In other words, the second house fire, or "exposure" fire was caused solely by
the wood shingles from the first house fire.
Resource Allocation
. Firefighters, fire engines, equipment and water are our resources for fighting fires. These
resources include not only ColleyYille personnel and equipment, but personnel and equipment
from surrounding fire departments, as well.
. It is very easy to see how our available resources become stretched to the limits of their abilities
with multiple fires in a neighborhood.
. As a rule, we simply are not equipped to handle a multiple of structure fires at one time.
Fire-Spread on Wood Shingle Roofs
· One of the adYantages described of proponents of wood shingles is the fact that the roof is able
to "breathe," because they allow air to move freely from attic spaces to the outside, thus keeping
the attic temperature at lower temperatures.
· However, this "advantage" quickly becomes a disadYantage once wood shingles are ignited by
fire. The ability to "breathe" now becomes a detriment because the air (oxygen) is able to move
freely in and out of the wood shingles, thus feeding the fire with fresh air.
· This is the reason wood shingle fires are such fast-spreading fires. Hence, the column of smoke
being visible long before the fire department arrives. And, extinguishment of an open fire of this
magnitude requires much more allocation of those resources (spoken of) than a contained interior
fire.
151 Common Misconception
· This leads us to the first common misconception about wood shingles. It is often said that the
"breathing" aspect of wood shingle roofs is one of safety regarding interior fires.
· The thought is that super-heated gases and smoke are allowed to yentilate through the wood
shingles thus getting these products of combustion away from the occupants.
. The problem is, most fires start below the ceiling level and not in the attic space. In homes,
ceilings are made of sheetrock-and that sheetrock has a 1-hour fire rating.
· Besides, smoke detectors are required in all homes in order to get occupants out before the fire
has a chance to reach that super-heated stage.
1
WOOD SHINGLE MEETING
10/29/01
Satellite Photo of Woodland Hills
. Homes #1 & #2 are the houses that were lost.
. 9, 3, 4, 13, & 14 all have wood shingles
. Wind Direction 15+ to N-NW
. #3 had a contractor check the roof on the following day after the fire - no damage, but there
were embers/brands in the gutters.
. 6 & 12 being adjacent exposures to the structure of origin would have burned if they had wood
shingles-they don't.
Wood Shin~des in Collevville
1,239 homes have wood shingles
. We counted them this year. This number becomes more significant as look at other cities
surveyed.
Number in other cities:
Keller 50
Bedford 200
Allen 10
Euless 200
Watauga none
Age contributes to volatility
. 13-15 years old in Woodland Hills. The older the shingles get, the more they get weathered,
dried out, and susceptible to combustion. Especially, the untreated shingles.
Ordinances in Other Cities
. The following represents the range of limitations on wood shingles on single-family homes.
Also, it is our understanding that the only wood shingle able to pass the following testing
criteria is the Pressure-Impregnated Fire Retardant #1 Cedar Shingle (PIFR). This process is
often referred to as "factory treated" and not the spray-on applied on-site. We start with the
most stringent and work our way to the least stringent requirements.
1. Prohibition of Wood Shingles -
2. Flame-Spread Ratings -
. Classes A, B, & C. To obtain one of these ratings by UL, The roofing material must pass
specific testing criteria. The most stringent test is Class A, then Class B, then Class C.
However, the PIFR (factory) treated Cedar shingles can pass these flame test ratings.
3. NR - No Restrictions
Prohibition of Wood ShinQles
Keller - The ban is on new construction only and existing wood shingle homes at the adoption of the
ordinance are allowed to replace with wood shingles. However, we must look at the year that the
ordinance was adopted-1984. The population of Keller was probably very small at the time, so
wood shingles have not presented a problem for them during their growth cycle, since no new
homes were allowed to use wood shingles.
Watauga
Class B
Flower Mound - However, this rating covers only the PIFR wood shingle and is allowable only on
1-acre estates. (SFE - single family estate)
Piano - Plana allows the Class B PIFR wood shingle only when applied over decking. This eliminates
some problems with the updraft from inside the attic and wind from the outside.
2
WOOD SHINGLE MEETING
10/29/01
Class C
These cities allow only Class C PIFR wood shingles to be installed and most of them have percentage-
based replacement criteria.
. South lake
. N. Richland Hills
. Watauga
. Allen
. Richland Hills
No Restrictions
These cities require no Class-rated shingles on sinqle familv homes. Howeyer, Euless and Bedford
require Class C PIFR wood shingles on multi-family housing.
. Colleyville
. Bedford
. Euless
Alternatives to Wood Shinales
Deed Restrictions of Covenants
· Many of the current deed restrictions and HOA requirements allow for an alternative roofing
material other than wood. We'll go over the list we have in a moment.
· First, another common misconception in this area: Deed restrictions must allow alternative
roofing materials and cannot require only wood. Many people are still under the perception
that if they haye wood shingles, they must replace with wood shingles. That is just simply not
true.
· State law renders such deed restrictions (allowing only wood replacement) void.
Cost Comparisons
· We'll go over the estimated cost comparisons in a few moments, but first we need to look at
the HOAs currently allowing alternatives to wood shingles.
HOA Reauirements
Currently Allowing Composition Shingles
These subdivisions have either changed their requirements recently, or they may have allowed comp
originally. This is a list of the HOAs we were able to contact that currently have wood shingle homes.
. Highland Meadows
. Hills of Monticello
. Saddle brook
· Woodland Hills
. Tara Plantation
These subdiyisions will allow only tile as an alternative to wood.
. Lakes of Sommerset
. Summertree
· Ross Downs (also slate)
These subdivisions allow only wood, but are currently considering changes to allow alternatives.
Brookmeadows
3
WOOD SHINGLE MEETING
10/29/01
Cost Comparisons (per square)
Disclaimer
Please keep in mind here two things: First, this is a very competitive market and prices will obviously vary
depending on market fluctuations and differing contractors. Second, we used a wide range of pricing,
since we contacted several contractors who work in the area.
. Wood Shingles (PIFR) $240 - $330
. Stone-coated Steel $240 - $370
. Tile $240 - $370
. Composition (25yr - 40yr) $205 - $275
(no decking)
(includes decking)
4
ORDINANCE 0- 01-1311-A
AN ORDINANCE AMENDING CHAPTER 18 OF THE COLLEYVILLE CODE OF
ORDINANCES BY ESTABLISHING MINIMUM FIRE RATING REQUIIREMENTS FOR
ROOFING MATERIALS ON NEW RESIDENTIAL AND COMMERCIAL BUILDINGS,
PROVIDING A PENALTY AND AUTHORIZING PUBLICATION:
WHEREAS, the City Council deems it is necessary to adopt standards for the construction
of roofs on buildings and structures in order to protect the public health, safety
and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
Sec 1.
THAT Section 18-26 of Chapter 18 of the Colleyville Code of Ordinances be
amended by re-Iettering the current part "(C)" as part "(0)" and adding a new
part (C), providing as follows:
(C) Roofing Materials. Notwithstanding any
inconsistent provision in the Uniform Building Code
or any other building code adopted by the City, the
roof assembly for the construction of new
residential or commercial buildings or structures
shall meet the minimum requirements of the
Underwriter's Laboratory Class "C" for fire rating
and wood shingle shake coverings are prohibited.
Sec 2.
THAT any person, firm or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor upon final conviction thereof and
fined in an amount not to exceed $2,000.00. Each and every day such
violation continues or is allowed to exist shall constitute a separate violation
and be punishable as such.
See 3.
THAT the City Secretary is hereby authorized to cause the publication of the
descriptive caption and penalty clause of this ordinance as an alternative
method of publication as provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing conducted on the
2001.
day of
The second reading and public hearing conducted on the
2001.
day of
_, _ __..."~~._____"__~.___..~__~,,,._."_,,___...________.~"___._"__,..,...".,,,,,,,",,,,_,_,"_"'~M"
ATTEST:
Cynthia Singleton,TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Ordinance 0-01-1311-A
Page 2 of 2
CITY OF COLLEYVILLE
Donna Arp, Mayor
ORDINANCE 0- 01-1311-B
AN ORDINANCE AMENDING CHAPTER 18 OF THE COLLEYVILLE CODE OF
ORDINANCES BY ESTABLISHING MINIMUM FIRE RATING REQUIIREMENTS FOR
ROOFING MATERIALS ON NEW RESIDENTIAL AND COMMERCIAL BUILDINGS,
PROVIDING A PENALTY AND AUTHORIZING PUBLICATION:
WHEREAS, the City Council deems it is necessary to adopt standards for the construction
of roofs on buildings and structures in order to protect the public health, safety
and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
Sec 1.
THAT Section 18-26 of Chapter 18 of the Colleyville Code of Ordinances be
amended by re-Iettering the current part "(C)" as part "(0)" and adding a new
part (C), providing as follows:
(C) Roofing Materials. Notwithstanding any
inconsistent provision in the Uniform Building Code
or any other building code adopted by the City, the
roof assembly of a new residential or commercial
structure and a reconstructed roof assembly on an
existing structure shall meet the minimum
requirements of the Underwriter's Laboratory Class
"C" for fire rating and wood shingle! shake
coverings are prohibited. As used herein, the term
"reconstructed roof assembly" shall mean the
replacement of percentage or
more of the surface area of the prior roof assembly
after the effective date hereof.
Sec2.
THAT any person, firm or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor upon final conviction thereof and
fined in an amount not to exceed $2,000.00. Each and every day such
violation continues or is allowed to exist shall constitute a separate violation
and be punishable as such.
See 3.
THAT the City Secretary is hereby authorized to cause the publication of the
descriptive caption and penalty clause of this ordinance as an alternative
method of publication as provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing conducted on the
2001.
day of
-~~_._----,-"",-,--------~-'--'---"""'~'.""--'-'-"--~-----'_.,,----^--- -
Ordinance 0-01-1311-8
Page 2 of 2
The second reading and public hearing conducted on the
2001.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton,TRMC
City Secretary
Donna Arp, Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
(Q.~
CITY COUNCIL Tw$ AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item # :
6
Ordinance # :
0-01-1312
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Removal of the Special Use Permit, authorized by
0-01-1276, for a laundry/dry cleaning plant on Lot
2, Block 1, C-D Subdivision, located at 6516
Colleyville Boulevard requested by the City of
Colleyville, Case Z-01-025
Previous Action: 10/02/01
First Reading and Public Hearing
Backqround
On May 1, 2001, the City Council approved a Special Use Permit for a dry cleaners for
Hangers Cleaners on property located at the northeast corner of Colleyville Boulevard
and Tarrant Lane. Since that time, the applicant determined that the project was not
financially feasible and has decided not to construct the facility. As a result, the City
Council expressed interest in removing the Special Use Permit for the dry cleaners on
this property, and directed staff to begin the zoning process to remove the permit.
Since a Special Use Permit is a type of zoning change, any changes to the Special Use
Permit, including removing the designation from the property, requires going through the
zoning change process. State law and the Colleyville Land Development Code
establish the process for changing zoning designations on property. A Special Use
Permit or zoning designation cannot be revoked or changed without following the public
hearing and public notice procedures.
(continued)
~
CITY MANAGER
~EAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1312
Page 2
The attached ordinance specifies that the Special Use Permit for Hangers Cleaners
would be removed from the property by repealing the ordinance that adopted the permit.
Staff sent notices of the zoning change to all property owners within 200 feet of the
property under consideration. No written correspondence regarding this request has
been received as of the date of agenda preparation.
The Planning and Zoning Commission considered this request at the October 8, 2001,
meeting and unanimously recommended approval.
RECOMMENDATION
Approval
ATTACHMENTS
· Location Map
· List of Property Owners Notified of Hearing
· Ordinance 0-01-1312
Location Map
..
... IC
fJ?>
)1l1& # \) 1
~ --!
.... \.-.J
List of Property Owners Receiving Notice of Public Hearing
e
.
C. W. Davidson
P.O. Box 356
Burleson, TX 76097
Kenneth H. Green
6620 Colleyville Blvd., #A
Colleyville, TX 76034
Lee Roy Hess & Chris Cagle
671 E. Dove Road
Southlake, TX 76092
Raymond D. Hatfield
6600 Colleyville Blvd.
Colleyville, TX 76034
America's Storage
2911 Turtle Creek Blvd.
Ste 700
Dallas, TX 75219
Schwob & Sage Bldg Corp
2349 Glenda Lane
Dallas, TX 75229-3318
Donald E Oare & RG Testa Ltd.
c/o Allen E Shoenberger
1 E. Pearson Street
Chicago, IL 606-2055
James David Bowden
6516 Colleyville Blvd.
Colleyville, TX 76034
Combined Enterprises Inc.
6607 Colleyville Blvd.
COlleyville, TX 76034
Antionetta Mooney
404 Oak Valley Drive
COlleyville, TX 76034
Case Z-01-007
According to the last published Tax Records dated 09-01-00, individuals who own property that
is within the 200' of the proposed special use permitland-or/zoning change request are listed
above. I certify that the pa~88 .Ilated above have been notified of the proposed special
use pennltland-or/zonlng change request as required by Section 211 the Local
Government Code. (Notices dated: March 16, 2001)
Jan levy ~
Planning & Zoning Assistant
Planning and Zoning Commission Minutes
Removal of the Special Use Permit, authorized by 0-01-1276, for a
laundry/dry cleaning plant on Lot 2, Block 1, C-D Subdivision, located at
6515 Colleyville Boulevard requested by the City of Colleyville. Case Z-01-
025
Clayton Husband presented the case to the Commission. He told them the City Council
approved a Special Use Permit for a dry cleaning plant at this location on May 1, 2001.
He said the applicant for that SUP determined that the project was not financially
feasible and decided not to construct the facility. Mr. Husband told the Commission that
City Council asked staff to initiate the removal of the Special Use Permit since it was not
going to be used.
Mr. Husband told the Commission that a removal of a Special Use Permit is a type of
zoning change, and this case needed to be treated like any other zoning change
request. He said staff advertised the public hearing and notified the surrounding
property owners within 200' of the request to remove the Special Use Permit. Clayton
said removing the special use permit would not have an impact on the base zoning
which is ML (light manufacturing).
Chairman Gasper opened the public hearing. There was no one present wishing to
speak, and the public hearing was closed.
Commissioner Culley moved to recommend approval of the removal of the
Special Use Permit. Commissioner Wall seconded the motion. The vote being:
Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper
Noes: None
ORDINANCE 0-01-1312
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY REPEALING ORDINANCE 0-01-1276 AND REPEALING
A SPECIAL USE PERMIT FOR A LAUNDRY I DRY CLEANING PLANT ON LOT 2,
BLOCK 1, C-D SUBDIVISION; PROVIDING FOR A PENALTY FOR VIOLATIONS
AND AUTHORIZING PUBLICATION
WHEREAS, an application for a Special Use Permit for a Laundry I Dry Cleaning Plant,
filed by Howard and Viola LaFevers under Case No. Z-01-007, was
approved by the City Council on May 1, 2001; and
WHEREAS, the applicant has notified the City of his intent not to construct the facility
at this location; and
WHEREAS, the City Council has expressed interest in removing the Special Use
Permit at this location; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land Development
Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and made
a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Ordinance 0-01-1276, which granted a Special Use Permit for
a Laundry I Dry Cleaning Plant on property located at 6515
Colleyville Boulevard, is hereby repealed.
Sec. 2.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Sec. 3.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
Ordinance 0-01-1312
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Don na Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
cc~rr~
CITY COUNCIL Tw> AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item#:
7
Ordinance # :
0-01-1313
DEPT. :
FINANCE
SUBJECT:
Amending Ordinance 0-92-880 setting fees and
charges for City services and facilities
Previous Action: N/A
First Reading and Public Hearing
Backqround
Recent legislation increased the fee for accident reports from $4.00 to $6.00. To be in
compliance with HB 1544, the fee for accident reports should be increased to $6.00.
Attached is information from the Texas Department of Public Safety detailing the
change.
Recommendation
Approval
Attachments
. Letter from Texas Department of Public Safety (paper copy only)
. Ordinance 0-01-1313
CITYMAN~
( y~~.
D"EPARTM ~D
FINANCIAL REVIEW (IF NECESSARY)
-
TEXAS DEPARTMENT OF PUBLIC SAFETY
DRIVER LICENSE DIVISION
ACCIDENT RECORDS BUREAU-350
5805 NORTH LAMAR
AUSTIN, TEXAS 78752
512/424-7121
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In compliance with HB 1544, the fee for a copy of an accident report and the
certification of a "no record" will increase to $6.00 from $4.00. This fee increase takes
effect September 1, 2001. The cost of certifying a record will remain unchanged at
$2.00.
This bill also permits the sale of the Driver's Confidential Accident Report, ST-2 (blue
form) based on the same criteria used to sell the Texas Peace Officer's Accident
Report form, ST-3. Due to this legislative change, the ST-2 form will now be the
Driver's Accident Report. This change also takes effect September 1,2001.
In compliance with HB 2230, the reporting threshold for accidents will increase to
$1,000 from $500. This applies only to those accidents that occur on or after
September 1, 2001.
The Texas Peace Officer's Accident Report (ST-3) and the Driver's Accident Report
(ST-2) fonns are currently undergoing revision and are anticipated to be available by
October 1, 2001. Therefore, please continue to utilize the existing fonns, marking
through the $500 existing threshold and replacing -with $1,000.
Your assistance in this matter is very much appreciated. If you have any questions or
concerns, please contact, Accident Records Bureau, 512/424-7121.
Accident Records Bureau
Drivers License Division
ORDINANCE 0-01-1313
AN ORDINANCE AMENDING ORDINANCE 0-92-880, SETTING FEES AND
CHARGES FOR CITY SERVICES, ESTABLISHING SECTIONS OF THE CITY OF
COLLEYVILLE CODE OF ORDINANCES, TO BECOME EFFECTIVE UPON
PASSAGE.
WHEREAS, the City of Colleyville charges fees for miscellaneous services and
materials as authorized by Ordinance 0-92-880 and it is desirous to
update the accident report fees as recently amended by the State
Legislature in HB 1544.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 2-26 entitled "Fees and charges for city services" of
Chapter 2 of the Code of Ordinances of the City of Colleyville, Texas,
paragraph (b) is hereby amended in its entirety to read as follows:
(b) The following schedule of fees shall be administered by the Chief of
Police:
Accident report
$6.00
Sec. 2.
THAT this Ordinance shall become effective immediately upon passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
of , 2001.
day
The second reading and public hearing being conducted on the
of , 2001.
day
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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CHY Of
CCee
CITY COUNCIL Tm< AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item # :
8
Resolution # :
R-01-1859
Previous Action:
DEPT. :
ENGINEERING
SUBJECT:
Approval of engineering design services with
Dannenbaum Engineering Corporation, for the
2002 Water System Master Plan Update, in the
amount of $88,000
Reading and Public Hearing
Knowlton-English-Flowers, Inc., updated the Colleyville Water Master Plan in 1994.
Since 1994, there has been significant growth in the City, consequently, increasing the
demands on our water system. It is necessary to update our water master plan, to
determine the areas in need of improvements.
Dannenbaum Engineering Corporation has submitted a proposal to provide the City with
the engineering services required to update the Water Master Plan. This study will
provide the information needed to plan for future Capital Improvement Projects. This
information will also assist in developing a new impact fee schedule, as well as assisting
the Public Works Department plan for regular operations.
(continued)
FI AL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1859
Page 2 of 2
Financial Impact
Funding for the update of the 2002 Water System Master Plan is available from Water
Impact Fees.
Recommendation
Approval for engineering services with Dannenbaum Engineering Corporation for the
2002 Water System Master Plan Update.
City Attorney has reviewed and has no modifications to this contract.
Attachments
. Dannenbaum Engineering Corporation Contract Documents (paper copy only)
. Resolution R-01-1859
RESOLUTION R-01-1859
A RESOLUTION AUTHORIZING THE APPROVAL OF AN ENGINEERING DESIGN
SERVICES CONTRACT WITH DANNENBAUM ENGINEERING CORPORATION FOR
THE 2002 WATER SYSTEM MASTER PLAN UPDATE
WHEREAS, the previous Water System Master Plan was conducted in 1994; and
WHEREAS, the City of Colleyville has undergone significant growth; and
WHEREAS, an updated Water System Master Plan will provide information needed for
future Capital Improvement Projects; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the engineering design contract with Dannenbaum Engineering
Corporation, in the amount of $88,000, for the 2002 Water System Master
Plan Update, is hereby approved.
AND IT IS SO RESOLVED.
NAYS, AND
,2001.
ABSTENTIONS ON
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
AGREEMENT FOR ENGINEERING SERVICES
Between
City of Colleyville
And
Dannenbaum Engineering Corporation
Project Name: 2002 Water System Master Plan Update
DEC No.: 3522-01
Colleyville No.:
Submitted by: Brian D. O'Neill, P.E.
Date of Submittal: November 1, 2001
Date Approved by Council:
Date of Execution:
City Address:
City of Colleyville
P.O. Box 185
5400 Bransford Road
Colleyville, Texas 76034
Engineer Address:
Dannenbaum Engineering Corporation
6421 Camp Bowie Boulevard, Suite 400
Fort Worth, Texas 76116
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
1
AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is entered into this _ day of between the City of
Colleyville, (the "CITY"), and Dannenbaum Engineering Corporation, (the "ENGINEER"), for a
PROJECT generally described hereinafter.
Article I
Scope of Services
A. The Scope of Services and description of PROJECT is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER for all work performed
under this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion will
be paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
paper, or as otherwise approved by CITY, which shall become the property of the
CITY. CITY may use such drawings in any manner it desires. All locations of
utilities depicted on the drawings will be intended for planning purposes and do
not represent the actual location of the utilities.
D. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic and
operational factors that may materially affect the ultimate PROJECT cost
or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections. or estimates. The opinions of cost will be completed using the
proper standard of engineering care and reflect the construction costs
generally present at the time of the Notice to Proceed with this PROJECT.
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
E. Right to Audit
(1) ENGINEER agrees that the CITY (or any federal, state or local agency
that has monitoring responsibility over the PROJECT) shall, until the
expiration of three (3) years after final payment under this contract have
access to and the right to examine and photocopy any directly pertinent
books, documents, papers and records of the ENGINEER involving
transactions relating to this contract. ENGINEER agrees that the CITY
shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of
this section. The CITY shall give ENGINEER reasonable advance notice
of intended audits.
(2) ENGINEER further agrees to include in all its sub-consultant agreements
hereunder a provision to the effect that the sub-consultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such sub-
consultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all sub-consultant
facilities, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article
together with subsection (3) hereof. CITY shall give sub-consultant
reasonable advance notice of intended audits.
(3) ENGINEER and sub-consultant agree to photo copy such documents as
may be requested by the CITY. The CITY agrees to reimburse
ENGINEER for the cost of copies at a rate of cost plus 15%.
F. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance
documenting policies of the following coverage at minimum limits that are
to be in effect prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be on
any vehicle used in the course of the PROJECT.
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Certificate(s) of insurance shall document that insurance coverage
specified according to items section J.(I) and J.(2) of this
agreement are provided under applicable policies documented
thereon.
(b) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(c) A minimum of thirty (30) days notice of cancellation, non-renewal
or material change in coverage shall be provided to the CITY. A
ten (10) days notice shall be acceptable in the event of non-
payment of premium. Such terms shall be endorsed onto
ENGINEER's insurance policies.
(d) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(e) Deductible limits, or self-insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole
discretion; and, in lieu of traditional insurance, any alternative
coverage maintained through insurance pools or risk retention
groups must be also approved. Dedicated financial resources or
letters of credit may also be acceptable to the City.
(f) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(g) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the
ENGINEER may be required to provide proof of insurance premium
payments.
3522-01 CoHeyvilIe 2002 Water System Master Plan Update Agreement 10-22-01
(h) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless such are approved by the
CITY.
(i) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is
provided the ENGINEER on an occurrence basis.
m The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(k) All insurance required in section J., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(I) Sub-consultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by sub-consultants, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a sub-consultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
G. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
H. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and
prior to final payment under the contact.
I. Permitting Authorities. Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was executed,
the ENGINEER shall revise plans and specifications, as required, at its own cost
and expense. However, if design changes are required due to the changes in the
permitting authorities', such as the Texas Natural Resources Conservation
Commission, published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not have
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
been reasonably aware of, the ENGINEER shall notify the CITY of such changes
and an adjustment in compensation will be made through an amendment to this
AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY except when verification is necessary to insure
the proper delivery of services to be performed.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform. at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner (two weeks or less).
D. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing
of the ENGINEER's services or of any defect in the work of the ENGINEER.
E. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
F. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change,
or alteration by the CITY or by others acting through or on behalf of the CITY of
any such instruments of service without the written permission of the ENGINEER
will be at the CITY's sole risk. The CITY shall own the final designs, drawings,
specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, or other events beyond the control of the ENGINEER that inhibit
production of the PROJECT.
D. Termination
(1) This AGREEMENT may be terminated by either the CITY or the
ENGINEER for cause if either party fails substantially to perform through
no fault of the other and does not commence correction of such
nonperformance within 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the CITY, the
ENGINEER will be paid for termination expenses as follows:
(a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
(b) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or
services;
(c) The time requirements for the ENGINEER personnel to document
the work underway at the time the CITY'S termination for
convenience so that the work effort is suitable for long time
storage.
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with termi-
nation services.
E. Suspension, Delay, or Interruption of Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and subcontractors
in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared between
the ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees,
agents, and subcontractors.
J. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
3522-01 CoHeyviHe 2002 Water System Master Plan Update Agreement 10-22-01
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation.
(2) If mediation is unsuccessful, the claim, dispute or other matter in question
may be litigated by either party on a de novo basis.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
Article VII
Attachments, Amendments, and Signatures
This AGREEMENT, including its attachments, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and may only be changed by a
written amendment executed by both parties. In addition, either the CITY or ENGINEER
may initiate a mutually acceptable amendment to this AGREEMENT. The following
attachments are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
ATTEST:
CITY OF COLLEYVILLE
City
By:
Donna Arp
Mayor
DANNENBAUM ENGINEERING CORPORATION
Engineer
BY~~~U~
Wayne . Ahrens, P.E.
Chief Operating Officer
3522-01 Colleyville 2002 Water System Master Plan Update Agreement 10-22-01
ATTACHMENT "A"
SCOPE OF SERVICES
SPECIAL SERVICES
PROJECT
The PROJECT shall be known as 2001 Colleyville Water System Master Plan. The
PROJECT shall consist analyzing the City's water distribution system. The PROJECT
can be divided into the following parts:
PART 1- DATA GATHERING/ANALYSIS
A. Conversion of Arcinfo file and existing City maps into PIPE 2000 format
The ENGINEER shall convert the existing Arcrinfo files from the City of
Colleyville's GIS information into an operable PIPE 2000 format. The resulting
map will be used as the CITY's base map for the PROJECT. The CITY will also
furnish one copy of the existing water system in AutoCad format.
B. Research City's water usage records
The ENGINEER shall research the City's water usage records to determine the
appropriate demands to be placed on the water system. The historic records will
be furnished by the CITY.
C. Establish design criteria
The ENGINEER shall recommend the appropriate design criteria to which the
water system will be designed. The design criteria will meet or exceed Texas
Natural Resource Conservation Commission requirements and the CITY shall
approve the design criteria prior to the analysis of the water system.
D. Water supply research
The ENGINEER shall identify & recommend available sources of water supply as
well as the sources suitability for use in the CITY's water system. The sources of
supply to be researched will be the City's wells and the Trinity River Authority.
E. Analysis of existing City wells
The ENGINEER will gather information regarding the existing wells within the City
of Colleyville and determine the feasibility of rehabilitating or abandoning the
existing wells.
F. Prior Master Plan Review
The ENGINEER will review prior master plans and other related studies as
provided by the CITY.
3522-01 Attachment "A" Scope of Services 10-22-01
PART 2 - SYSTEM ANALYSIS
A. System Model
The ENGINEER shall modify the PIPE 2000 model to reflect all correct pipe sizes,
demands, elevations and other pertinent information. Elevation information for the
model will be based on contours and spot elevations shown on the topographic
maps provided by the CITY. The ENGINEER shall further modify the PIPE 2000
model to include all supply sources, elevated tanks, ground storage tanks and
pump stations.
B. Water supply, pumping and storage requirements
The ENGINEER shall determine the necessary water supply, pumping, elevated
and ground storage requirements to meet existing and future demands.
C. Existing System Analysis
The ENGINEER shall analyze the CITY's water system as it currently exists to
determine its ability to meet the design criteria during peak day and fire conditions.
An extended period simulation of the CITY's water system will be done to model
the water usage across time. Modifications will be proposed to the CITY's water
system to allow it to meet the design criteria under existing demands.
D. Build-Out System Analysis
The ENGINEER shall analyze the CITY's water system with additions in place to
serve future customers. The ENGINEER shall project the growth throughout the
CITY's undeveloped area, based on the CITY's future land use plan and
population projections, and apply those demands to the water system. The
system will then be analyzed to determine its ability to meet the design criteria
during peak day and fire conditions. An extended period simulation of the CITY's
water system will be done to model the water usage across time. Modifications
will be proposed to the CITY's build-out water system to allow it to meet the
design criteria under build-out demands.
PART 3 - OPINIONS OF COST
A. Pipe takeoff and Opinion of Cost
The ENGINEER shall determine the length of pipe necessary to improve the
existing system to meet existing demands as well as the length of pipe necessary
to serve future customers. The ENGINEER shall provide opinions of cost for the
proposed water mains.
3522-01 Attachment "A" Scope of Services 10-22-01
PART 4 - MASTER PLAN REPORT
A. Report Preparation
The ENGINEER shall author a Water System Master Plan report. The report shall
summarize all assumptions made, the design criteria and all results as well as
recommendations for improvements to the system and opinions of costs for the
improvements. The ENGINEER shall furnish the CITY with three copies of the
report.
B. Exhibit Preparation
The ENGINEER shall prepare exhibits of the CITY's water system (both existing
and future) with the improvements clearly indicated on the exhibits. The
ENGINEER shall furnish the CITY with 20 copies of each exhibit.
PART 5 - PIPE 2000 TRAINING
A. PIPE 2000 Models
he ENGINEER shall furnish the CITY with all PIPE 2000 and AutoCad files
created as a part of the PROJECT.
B. Basic Operational Training
The ENGINEER shall provide the CITY's personnel with basic operational training
on the PIPE 2000 software for up to five CITY personnel. The ENGINEER shall
provide the CITY with 32 hours of operational training for the designated CITY
staff.
PART 6 - PIPE 2000 SOFTWARE
A. PIPE 2000 Software
The ENGINEER shall furnish the CITY with a copy of the PIPE 2000 software
(2,000 pipes version). The CITY will own and operate the software and the
license agreement with the software manufacturer. CITY staff will load the
software on CITY computer systems.
PROJECT SCHEDULE
All of the services listed in Part 1 through Part 6 shall be completed within 6 months of the
date of the Notice to Proceed.
3522-01 Attachment "A" Scope of Services 10-22-01
ATTACHMENT "B"
PAYMENT SCHEDULE
The CITY shall pay the ENGINEER for Special Engineering Services provided. Partial
payments shall be made upon partial completion of the following portions of the project
as evidenced by the ENGINEER's monthly statement. The amounts to be billed shall not
exceed the following maximum amounts:
A. SPECIAL SERVICES - The fees for the Special Services shall not exceed a
total of $ 88,000.00. A breakdown of fee totals for each category is as follows:
1. Part 1 - Data Gathering/Analysis................. $ 17,100.00
2. Part 2 - System Analysis ........ .,. ... ...... ... ... 47,800.00
3. Part 3 - Opinions of Cost.... ..................... 4,500.00
4. Part 4 - Master Plan Report........................ 9,600.00
5. Part 5 - PIPE 2000 Training ........................ 5,000.00
5. Part 6 - PIPE 2000 Software ....................... 4,000.00
Total Special Services... .. . .. . . .. . .. .. . .. . ......... $ 88,000.00
3522-01 Attachment "6" Payment Schedule 10-22-01
- 1 -
City or
CCe<e
CITY COUNCIL 7w> AGENDA BRIEFING
For mtg. : 11/07/01 CMO Approval:
Item #:
9
Resolution #:
R-01-1860
Previous Action: None
DEPT. :
CITY COUNCIL
SUBJECT:
Consideration of appointment to the Metroport
Teen Court Advisory Board
Reading and Public Hearing
Monica Broadhurst, Metroport Teen Court Coordinator, requests that the City of
Colleyville appoint a new representative to the Metroport Teen Court Advisory Board.
The Board consists of members from the Cities of South lake, Colleyville and Grapevine,
Town of Trophy Club, the Carroll Independent School District and the Grapevine-
Colleyville Independent School District, and oversees the operation of the Teen Court
Program. This joint venture creates the process through which juvenile misdemeanor
offenders are offered an alternative to the criminal justice center.
The position was advertised and one application was received from Vince Rosen.
(continued)
~o_
~~yz~~
D ARTMENT HEA
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1860
Page 2 of 2
Financial Impact
None
Recommendation
Approval
Attachments
. Metroport Teen Court Advisory Board roster (paper copy only)
. Application (paper copy only)
. Resolution R-01-1860
_~______._.______________.._._._..~'__.__..__._~__._________._...._._._.0.'...'..__..,.., ...M.____.v,,"_....._,_._._._..___..___~
2001-2002 ADVISORY BOARD
Members
City I Entitv
vacant
Colleyville
vacant
Colleyville
Debbie Armstrong
3006 Ooublecreek Drive
Grapevine, TX 76051
HOME: 817-481-3606
Grapevine
Kim Early
3046 Creekbend Circle
Grapevine, TX 76051
Patsy DuPre
808 Timberlake Cr.
South lake, TX 76092
HOME: 817-251-2337
EMAIL: EARLY@COOLLlNK.NET
CELL: 817-475-6510
HOME: 817-481-6610
EMAIL: PSOTX@WORLONET.ATT.NET
CELL: 817-925-8737
HOME: 817-481-2732
CELL: 817-247-3852
PAGER: 214-963-1832
HOME: 817-949-8222
EMAIL: PRINCEG@CISOMAIL.COM
Grapevine
South lake
Denise Burkhart
2705 North Quail Run
Southlake, TX 76092
South lake
Gail Prince
1201 N. Carroll Ave.
Southlake, TX 76092
Carroll ISO
Sandy Sobocinski,
903 Wentwood Drive
Southlake, TX 76092
HOME: 817-410-8014
WORK: 817-481-2185
EMAIL: GSOBOCINSK@AOL.COM
Carroll ISO
Committee Members
FundraisinQ (Scholarships and Volunteer Incentives)
Public Relations (School Contacts) Public Relations (Media Attention) Proiects/Events (Dav)
MUNICIPAL JUDGES
Jim Ames
460 W. Harwood Rd.
Hurst, TX 76054
Terry Leach
460 W. Harwood Rd.
Hurst, TX 76054
David A. Florence
P.O. Box 2413
Grapevine, TX 76099
Carol Montgomery
1903 Cobbs
Grapevine, TX 76051
Andrew Wambsgnass
1507 Chimney Works Drive
Southlake, TX 76092
COUNCIL MEMBER L1ASON
Darlene Freed
3417 Lookout C1.
Grapevine, TX 76051
COURT PERSONNEL
Monica Broadhurst, Teen Court Coordinator
1400 Main S1., Suite 440
Southlake, TX 76092
Kelly Sullivan, Teen Court Intern
1400 Main S1., Suite 440
Southlake, TX 76092
TEEN BOARD
Danielle Mattheiu-Reeves
2016 Casa Lama C1.
Grapevine, TX 76051
Matt Sapp
922 Dove Creek
South lake, TX 76092
WORK: 817-280-0811 Colleyville
COURT: 817-577-7575
EMAIL: J.AMES@LEACHAMESMNDHM.COM
WORK: 817-280-0811 Colleyville
COURT: 817-577-7575
EMAIL: TLEACH@LEACHAMESMNDHM.COM
COURT: 817-410-3282 Grapevine
HOME: 817-266-5291 Southlake
COURT: 817-481-5746
EMAIL: CMONTGOMERY@CITYOFSOUTHLAKE.COM
WORK: 817-338-4888 Southlake
EMAIL: AWAMBSGNASS@CITYOFSOUTHLAKE.COM
WORK: 817-481-9977
FAX: 817-488-2988
PAGER:817-651-6604
CELL: 817-480-6434
EMAIL: DFREED@CI.GRAPEVINE.TX.US
Grapevine
WORK: 817-481-1897
FAX: 817-481-1765
EMAIL: MBROADHURST@CITYOFSOUTHLAKE.COM
WORK: 817-481-5792
FAX: 817-481-1765
EMAIL: KSULLlVAN@CITYOFSOUTHLAKE.COM
HOME: 817-481-1282
GCISD
HOME: 817-488-6558
CISD
NOV-01-01 15:59 From:OALLAS THE ROSEN'S
T-347 P.OI/OI Job-IDS
llcg
oMs.
o Mrs. 12 _.
li1Mr. Name:.~;-e;.J.. ViNet
(Last) (First)
Address: ./ Z2 /?J Ch-+T,s.wfJ g,"'f1.i C!..T eA."::.r
Home Teleph<:.ne: t/7 - .5 77- 'ffb z,.
WorkTelephol~e: 8/7~:;77- 'f-i67-
Email Addres€i: 'It ,..;a.-:: -7<.c'>eN 1. @. fh1~ ~ CiJI'1 Fax:
T'exa~
Application for Appointment
(MI)
-
f/7- liP-I?'?
7l:EN (];.,A/Z,/
Board, Comml.;sion or Committee Appointment Desired:
Qualifications: (list educational background or experience that would as.l 1st you In
carrying out thl;! duties of this appointment)
WatUL.. €VT-e.NSfue~~tth e.h'{Jtl.~_J-}j I~..s~~ WI fi.-. 6.4r'lLb4-f1;
b~~llQv ~ Ct"\~J,.
~cw....ch~A.+t.d 'Iuv.-~ LWv'--p 4:r etfu.M.)... r.t')AJ""~IHc.. I'sa. S~"W\.~L, At.,d.:)cs,rpI,.....
~l<-6- .Fe'" &IWS~:~ PIA-
CAGLe ~}~
Reasons for Sl~rving: (state brj,efly the contributions you can make to thi::: appointment
and your rease.ns for wanting tel serve on the Board, Commission, or Committee)
C/vJ~. GbL.u~~~) ~~ af'{d~~ 4J.!v~h>C.J
~ Kc/s. ~/rf):~ 4(~J Dl-L(C;.(n.,J A-r-J ~ ~ C6~>.MJ ~
A.u l...W~J..2. w-l...ff~ d-'L.'u':. Ln-t PAvc.-uj
00 you unders,tand that attendance and active support is required for each appointee?
./'
.~ ~'yes no
Signature: ./[~~~h. ~ Date: /1 /; /~)I
Once the City Gouncil hcls filled a position, your application will be remo"ed from the file
and you must lIeapply for future openings.
This infolrmatlon will become a Public Record.
City Secretary P.O. 130x 1.J5, Collllyv/IJe. Texe. 76034, Phone: 817.577.7575 F.u: 817.571.7655
RESOLUTION R-01-1860
A RESOLUTION APPOINTING A MEMBER TO THE METROPORT TEEN COURT
ADVISORY BOARD
WHEREAS, the Metroport Teen Court Advisory Board has a vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Colleyville City Council hereby appoints the following
person to the Metroport Teen Court Advisory Board:
AND IT IS SO RESOLVED.
APPROVED THIS DAY OF
AYES, NAYS, AND ABSTENTIONS.
,2001, BY A VOTE OF _
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
PLANNING & ZONING COMMISSION
Meeting Minutes - October 8, 2001
Chairman Gasper called the regular meeting of the Planning and Zoning Commission to order at
7:00 P.M. on October 8, 2001.
Roll Call:
Present:
Jeffrey Wall, Bob Culley, Earl Swift, Mark Jones, Bud
Sellers, Mark Hollis, Jo Ann Gasper
Staff: Clayton Husband and Jan Levy
Invocation:
Commissioner Hollis
Pledge of Allegiance
Approval of Minutes:
September 24,2001
Commissioner Wall moved to approve the minutes. Commissioner Swift seconded the
motion. The vote being:
Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper
Noes: None
1. A Minor Plat of Lots 1 & 2, Block 1, Combs Addition requested by Lori Easom, 2.201 acres
located at 6108 Hunter Lane. Case P-01-031
Clayton Husband presented the case to the Commission. He told them the land is located on the
west side of Hunter Lane at the north end of the street. He said this is a minor plat that will create
two residential lots, one of which is for the construction of a new residence. He informed the
Commission about the R30 zoning and told them when the property was rezoned by the City
Council. Mr. Husband said the applicant's surveyor has addressed all the Development Review
Committee comments and staff recommends approval of the plat.
There was no discussion by the Commission.
Commissioner Hollis moved to approve the minor plat. Commissioner Jones seconded the
motion. The vote being:
Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper
Noes: None
2. PUBLIC HEARING - Removal of the Special Use Permit, authorized by 0-01-1276, for a
laundry/dry cleaning plant on Lot 2, Block 1, C-D Subdivision, located at 6515 Colleyville
Boulevard requested by the City of Colleyville. Case Z-01-025
Planning & Zoning Commission
Minutes - October 8, 2001
Page 1 of 3- Approved October 22, 2001
Clayton Husband presented the case to the Commission. He told them the City Council approved
a Special Use Permit for a dry cleaning plant at this location on May 1, 2001. He said the
applicant for that SUP determined that the project was not financially feasible and decided not to
construct the facility. Mr. Husband told the Commission that City Council asked staff to initiate the
removal of the Special Use Permit since it was not going to be used.
Mr. Husband told the Commission that a removal of a Special Use Permit is a type of zoning
change, and this case needed to be treated like any other zoning change request. He said staff
advertised the public hearing and notified the surrounding property owners within 200' of the
request to remove the Special Use Permit. Clayton said removing the special use permit would
not have an impact on the base zoning which is ML (light manufacturing).
Chairman Gasper opened the public hearing. There was no one present wishing to speak, and
the public hearing was closed.
Commissioner Culley moved to recommend approval of the removal of the Special Use
Permit. Commissioner Wall seconded the motion. The vote being:
Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper
Noes: None
3. TABLED ITEM - Consideration of amendments to Chapter 9 of the Land Development Code
relating to Perimeter Street Improvement Requirements. Case Z-01-022
This item was not removed from the table for discussion.
4. Citizens' comments regarding items not on the agenda: There were none.
5. Staff comments, reports and discussion items: There were none.
6. Commissioners' comments and reports:
Chairman Gasper said she met someone who expressed concern about Maplewood, which is a
private street in Colleyville. She said this person told her the street is being used as a cut-through
by citizens who are trying to avoid the stop signs and backed up traffic at the corner of Bransford
Road and Glade Road. Chairman Gasper said she was told that the homeowners are periodically
assessed for repairs of Maplewood even though the general public is using the street. She asked
staff if there was anything the Planning and Zoning Commission could do to expedite a change in
the status of the street from private to public,
Clayton Husband responded that the City Manager is aware of the situation and the problem may
be that the subdivision is an older subdivision and the street is not up to current standards for an
approved city street.
Planning & Zoning Commission
Minutes - October 8, 2001
Page 2 of 3- Approved October 22, 2001
Chairman Gasper responded that maybe the City needs to lease the street from the homeowners'
association.
ADJOURNMENT: The Commission moved to adjourn the meeting at 7:15 p.m. The motion
was seconded and passed by acclamation.
Note: It was reported by Commissioner Swift and Commissioner Culley that they would not be
able to attend the October 22, 2001 Planning & Zoning meeting.
Respectfully Submitted,
Q~
4evy 7
~1n~ing & Zoning Assistant
Approved on: October 22,2001 as submitted.
NO TE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is
available upon request.
Planning & Zoning Commission
Minutes - October 8, 2001
Page 3 of 3- Approved October 22, 2001
TRAFFIC SAFETY ADVISORY TASK FORCE
MINUTES - October 9, 2001
1. CALL TO ORDER. The meeting of the Traffic Safety Advisory
Committee was called to order by Chairman Skip McDonnell at
7:05 P.M. in the Colleyville Community Center at 5300 Bluebonnet
Rd. Those present were:
Skip McDonnell
Angela Davis
Craig Lemmon
Frank Whitmire
Councilman Brad Rice
Chief John Young
2. DISCUSSION ITEMS.
A. Construction schedule Glade RdlThompson Terrace - Concrete roadway and
curbing has been completed, Project should be completed by the end of
October.
B. Hall-Johnson Rd - Roadway is complete and will be stripped for (4) four lanes.
Grapevine will be contacted to modify "right turn only lane" westbound Hall-
Johnson at Pool Rd.
C. Review school zone located on Arbor Trail and Amador.
D. Yield sign and double white line issues, southbound 121 service road at Glade
Rd. review with TXDOT and Grapevine.
E. Review Central/Jackson intersection.
3. FUTURE AGENDA ITEMS
4. ADJOURNMENT
A. Meeting adjourned at 8:10 P.M.
RESOLUTION R-01-1861
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
NOVEMBER 7, 2001
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 THIS DAY OF
AYES, NAYS, AND ABSTENTIONS.
,2001, BY A VOTE OF _
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor