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City Council-Agenda Packets-11/01/2021
City of Colleyville City Council Agenda Monday, November 1, 2021 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com WS-1 Update on the Northern Gateway WS-2 Discussion of the drainage fee structure and analysis of the impervious area WS-3 Discussion of changing the dates of the regularly scheduled 2022 City Council Meetings WS-4 Discussion of the November 1, 2021, City Council regular agenda items 1.EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City of Colleyville Page 1 City Council Agenda November 1, 2021 City of Colleyville Page 2 INVOCATION: Pastor Lanre Sobo, Glory House PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4664 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21- 4665 4a Approval of the minutes of the regular City Council meeting of October 19, 2021 4b Approval of a construction contract with Scott Beck Construction, Inc., for the City Hall and Library Interior Finishes Renovation Project, in an amount not to exceed $545,669.32, and a contingency amount not to exceed $50,000, and authorizing the City Manager to execute the contract 4c Approval of a Professional Services Agreement with MAS Consulting Engineers, in an amount not to exceed $168,000, for the design of the Water Project 18: Pecan Park Water and Drainage Improvements Project, and authorizing the City Manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-21-2180 Consideration of a zoning change from AG Agricultural district to R-40 Single Family Residential district for Tract 2F01, Abstract 1692, Joseph White Survey, located at 6113 Hunter Lane, Case ZC21-026 5b Ordinance O-21-2181 Appointing a municipal court judge and associate judge for the combined Municipal Court for the City of Colleyville and the City of Keller City Council Agenda November 1, 2021 City of Colleyville Page 3 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a Ordinance O-21-2174 WITHDRAWN BY APPLICANT - OCTOBER 21, 2021 - Consideration of an amendment to the PUD-R Planned Unit Development-Residential district, specifically to amend the regulations for garage door building materials, for Lots 1-12, Block 1, The Villas at Windsor Steele, located at 5101-5145 Roberts Road, Case ZC21-018 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-21-4666 Consideration of a Minor Plat with a Plat Waiver for Street Frontage for Tract 2LL, Abstract 1248, Thomas J Polson Survey, located at 4813 Ford Court, Case PC21-015 7b Resolution R-21-4667 A resolution approving the City's participation in the state of Texas' Opioid Litigation Settlement and adopting the Texas Term Sheet 8. CITIZEN COMMENTS 9. REPORTS Colleyville Library Board Minutes - August 9, 2021 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MONDAY, NOVEMBER 1, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4668 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 29, 2021 by 5:00 p.m. Angela Larson Assistant City Secretary City of Colleyville Page 4 City Council Agenda November 1, 2021 A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-1 Agenda Date 11/1/2021 Type Worksession Department Economic Development Title Update on the Northern Gateway Explanation This agenda item provides for a presentation and discussion of the Northern Gateway property. Consultants from Masterplan and Omniplan will present information including possible processes for how site development occurs and cost estimates for the conceptual plans prepared earlier this year. Attachments 1.Northern Gateway Presentation Dallas Cothrum, Ph. D. City Council Meeting 1 November 2021 Dallas Cothrum, Ph. D. City Council Meeting 1 November 2021 JJaannuuaarryy 11998844 ““RReeaall aarrttiissttss ssiiggnn tthheeiirr wwoorrkk..”” ——SStteevvee JJoobbss “Real artists sign their work.” -Steve Jobs January 1984 JJaannuuaarryy 11998844 ““RReeaall aarrttiissttss ssiiggnn tthheeiirr wwoorrkk..”” ——SStteevvee JJoobbss OOppttiioonnss Sale Lease Highly Restrictive Ordinance That Dictates Development Requests for Quotes/Requests for Proposals Patience Pro Con Generate immediate ROI No control on end users Swiftest path to show some development Hodge podge of uses No requirement for subsidy Inferior quality Less sales tax in long run Impossible to predict course of development Pro Con Generate immediate ROI Developer controls timing of development and quality No requirement for subsidy Potential for strained relationship with developer No assurance on quality Impossible to predict course of development Could complicate matters for lenders Developer can’t depreciate the asset that goes with ground lease Pro Con Additional level of control Fewer developers, investors, lenders interested Ability to control quality Pace dictated by others Control is over long term, not individual decisions Developer can’t depreciate the land Subsidy needed Pro Con Developers propose economic models that work for them Subsidy likely necessary Quality is assured Ability to do it in phases More sales tax Ability to set requirements and select developer Pro Con Population in DFW continues to grow. Soon will pass Chicago for metro population. Does not generate ad valorem or sales tax Ensures quality development Requires citizens to also be patient Could include temporary open space uses 11998811 Create an urban center that takes advantages of its natural environment and will atract people to a unique dining, shopping and leisure experience. Allowing people to connect through carefully curated spaces that will merge with the community and the environment. The Vision 1MASTERPLAN | 3.23.2021 NORTHERN GATEWAY A new vibrant destination with a small town charm and a green backdrop. The inviting and lush sidewalks will give life to an urban environment. Its connection to nature, water, parks and trails will give it a unique spatial quality and feel for people to return and come back time and time again for a memorable family experience. The Environment 2MASTERPLAN | 3.23.2021 NORTHERN GATEWAY A space for the community to enjoy and connect with nature and experience a variety of cultural events. The Character 3MASTERPLAN | 3.23.2021 NORTHERN GATEWAY An energized outdoor environment that promotes an active and healthy lifestyle. The Place 4MASTERPLAN | 3.23.2021 NORTHERN GATEWAY MASTERPLAN- FINAL PLAN CIVIC PARK 10K 10K 11K 12K 5.4K 3.6K LAWN RETAIL / F&B HOTEL OFFICE AREAS RETAIL/RESTAURANT 62K 798 PARKING SPACES HOTEL 4 LVLS 160 KEYS 240 PARKING SPACES TOTAL SURFACE PRKG 1,038 PARKING SPACES 8K 8K 500 100 200 Scale: 1” = 200’ GATEWAY TOWER LAWN RETAIL “COTTAGES” OFFICE81K3L OPTIONAL PARKING DECK STONE MONUMENTSTO MATCH GATEWAY TOWER HOTEL 4 L 10MASTERPLAN | 3.23.2021 NORTHERN GATEWAY ESTIMATE OF DEVELOPMENT COSTS Mar-21 City Developer Future Site Development Sitework + Parking 5,157,844 5,226,206 3,007,500 Trail Improvements 4,492,954 Pedestrian Bridges 225,000 Lawns 1,943,325 Lighting 750,000 Utilities 3,443,000 Buildings Building Construction 14,708,000 Soft Costs General Contractor 886,296 2,196,472 732,192 Design Fees 671,973 1,665,323 584,324 Contingency 627,655 1,555,493 545,787 10,786,768 28,269,819 9,362,757 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-2 Agenda Date 11/1/2021 Type Worksession Department Engineering Title Discussion of the drainage fee structure and analysis of the impervious area Explanation This item will provide an update to City Council regarding the stormwater utility rate study. Attachments 1.Drainage Fee Presentation Drainage Utility System Rate Development November 1, 2021 •Current flat rate is $7.00 per month for residential. •Non-residential rate varies $10.68 to $24.40 per acre (land use). •Current drainage utility annual revenue: $1,005,598 Annual O&M Cost deduction:-$650,000 Available for CIP projects:$355,598 •Current rate structure disparity within classes of residential and non-residential properties. •Restructure the drainage utility fee based on impervious areas. •Evaluate drainage fees and revenues for impervious area-based methods. •Examples for residential and commercial properties. Drainage Utility Recap Texas Local Govt. Code Texas Local Government Code Municipal Drainage Utility Systems 1.Undeveloped land is exempt 2.Can only charge an “improved lot or tract” Exemptions Definitions Option 1 = Maintain the current fee structure & increase fee. •Flat fee does not account for property impervious areas. •Disparity among classes of property. Option 2 = All non-residential properties pay the same rate per an established ERU (equivalent residential unit) and residential properties pay based on a range of impervious areas (4 tiers). •More equitably accounts for all classes of property. •Easier to administer for residential. Option 3 = All properties pay the same rate per square foot of impervious area (IA). •Most equitable given the large variation in residential IA. •More time consuming to administer. Possible Rate Revision Options City Residential Non-Residential Southlake Flat Rate $8.00 Impervious Area ($1.25 per 1,000 sf) Keller Flat Rate $7.00 Impervious Area ($2.89 per 1,000 sf) Bedford Flat Rate $4.50 Impervious Area ($1.65 per 1,000 sf) Hurst Flat Rate $4.00 Impervious Area ($1.19 per 1,000 sf) N. Richland Hills Tiers Zoning $5.49 Lot Size / Zoning Grapevine Flat Rate $4.00 Lot Size / Land Use Euless Flat Rate $2.75 Lot Size / Zoning Colleyville Flat Rate $7.00 Lot Size / Land Use Our Neighbors Baseline GIS Data •9,390 residential accounts were mapped for impervious area (IA). •Residential completed in May 2021. •72,062,379 sf of residential IA. •549 non-residential accounts mapped for IA. •Completed in September 2021. •19,045,374 sf of non-residential IA. •The average residential impervious area (IA) is 7,674 sf. •Set baseline rate at $7.00 for 7,674 sf of impervious area. •Equivalent to $0.91 per 1,000 sf. •Residential fees change from a $7.00 flat rate to a fee set at $0.91 per 1,000 sf of IA. Establishing a Baseline- Residential •Non-residential fees change from variable rate based on land use & acreage to a fee based on impervious area and percentage of impervious cover. •Average IA for residential 32%. •Average IA for non-residential 55%. •Non-residential IA percentage is, on average, 70% higher than residential. •Set non-residential fee 70% higher than residential = $11.90 for 7,674 sf ($1.55 per 1,000 sf). Establishing a Baseline- Non-residential Converting Baseline (cost/sf) Projected Drainage Utility Fee Revenue by Impervious Area Option 3 Impervious Area (Sq. Ft.) Projected Annual Revenue (Baseline) 2020 Annual Revenue (Flat Fee) Residential $0.91 per 1,000 sf 72,062,379 $786,921 $787,188 Non-Residential $1.55 per 1,000 sf 19,045,374 $354,244 $218,410 Totals 91,107,753 $1,141,165 $1,005,598 Example Residential Conversion to Baseline Property 1 Size of Property 1.3 acres Impervious Area 5,700 sf Current Fee (Flat Fee)$7.00 New Fee (Baseline)$5.19 Property 2 Size of Property 2.5 acres Impervious Area 20,000 sf Current Fee (Flat Fee)$7.00 New Fee (Baseline)$18.20 Property 3 Size of Property 0.5 acres Impervious Area 8,900 sf Current Fee (Flat Fee)$7.00 New Fee (Baseline)$8.10 Example Nonresidential Conversion to Baseline Bransford Elementary Size of Property 8.8 acres Impervious Area 180,000 sf Current Fee (Flat Fee)$210.00 New Fee (Baseline)$279.00 Market Street Size of Property 7.0 acres Impervious Area 290,000 sf Current Fee (Flat Fee)$171.00 New Fee (Baseline)$449.50 Revenue Goals •Storm Water CIP Revenue Goal of $1,000,000 •Residential (R) base rate of $0.91 per 1,000 sf. $0.91 + $0.47= $1.38/1,000sf. •Non-residential (NR) base rate of $1.55 per 1,000 sf. $1.55 + $0.47= $2.02/1,000sf. •Every $0.10 of rate increase will increase revenue by $109,329. Increase Base Rates by Increase in Revenue Total Revenue Less O&M CIP Budget $0.00 $135,567 $1,141,165 $650,000 $491,165 $0.10 $244,896 $1,250,494 $650,000 $600,494 $0.20 $354,226 $1,359,824 $650,000 $709,824 $0.47 $649,415 $1,655,013 $650,000 $1,005,013 $0.60 $791,543 $1,797,141 $650,000 $1,147,141 $1.00 $1,228,860 $2,234,458 $650,000 $1,584,458 R = $(267) NR = $135,834 R = $86,475 NR = $22,854 R = $86,475 NR = $22,854 R = $233,482 NR = $61,707 R = $112,417 NR = $29,711 R = $345,899 NR = $91,418 Example Residential Conversion to Revenue Goal Property 1 Size of Property 1.3 acres Impervious Area 5,700 sf Current Fee (Flat Fee)$7.00 New Fee (Baseline)$5.19 New Fee (Revenue Goal)$7.87 Property 2 Size of Property 2.5 acres Impervious Area 20,000 sf Current Fee (Flat Fee)$7.00 New Fee (Baseline)$18.20 New Fee (Revenue Goal)$27.60 Property 3 Size of Property 0.5 acres Impervious Area 8,900 sf Current Fee (Flat Fee)$7.00 New Fee (Baseline)$8.10 New Fee (Revenue Goal)$12.28 Example Nonresidential Conversion to Revenue Goal Bransford Elementary Size of Property 8.8 acres Impervious Area 180,000 sf Current Fee (Flat Fee)$210.00 New Fee (Baseline)$279.00 New Fee (Revenue Goal)$363.60 Market Street Size of Property 7.0 acres Impervious Area 290,000 sf Current Fee (Flat Fee)$171.00 New Fee (Baseline)$449.50 New Fee (Revenue Goal)$585.80 Next Steps 1 •Update City Council on fees and revenues; Receive Council direction. 2 •Develop a public outreach plan to explain the methodology, rate, implementation and phasing. 3 •Implement rate change. 4 •Adopt Storm Water Master Plan; Update Storm CIP Plan base on new revenue. Questions? City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-3 Agenda Date 11/1/2021 Type Worksession Department City Secretary Title Discussion of changing the dates of the regularly scheduled 2022 City Council Meetings Explanation Section 3.09 of the City of Colleyville Charter provides for the conduct of City Council Meetings and Rules of Procedure. The City Council may elect to change the date of a regularly scheduled City Council meeting, when the date conflicts with local, state, or federal events. The following list provides the dates of the regularly scheduled 2022 City Council meetings. City Council may wish to consider changing the March 1, March 15, and October 4, meeting dates to avoid conflict with Primary Election Day, GCISD spring break, and National Night Out. Following direction by City Council, a resolution will be brought forward at a future date. 2022 City Council Meeting Dates: January 4, January 18 February 1, February 15 March 1 – Primary Election Day – *Recommend Wednesday, March 2 March 15 – GCISD spring break - *Consideration of Tuesday, March 8 April 5, April 19 May 3, May 17 June 7, June 21 July 5, July 19 August 2, August 16 September 6, September 20 October 4 – National Night Out - *Recommend Monday, October 3, as October 5-7 is TML in San Antonio October 18 November 1, November 15 December 6, December 20 Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Date 11/1/2021Agenda Number WS-4 Type Worksession Department City Secretary Title Discussion of the November 1, 2021, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 11/1/2021 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Attachments RESOLUTION R-21-4664 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 1, 2021 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 1ST DAY OF NOVEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor RESOLUTION R-21-4665 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 1, 2021 WHEREAS, City 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 City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the Regular City Council meeting of October 19, 2021 b. Approval of a construction contract with Scott Beck Construction, Inc., for the City Hall and Library Interior Finishes Renovation Project, in an amount not to exceed $545,669.32, and a contingency amount not to exceed $50,000, and authorizing the City Manager to execute the contract c. Approval of Professional Services Agreement with MAS Consulting Engineers, in an amount not to exceed $168,000, for the design of the Water Project 18: Pecan Park Water and Drainage Improvements Project, and authorizing the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 1ST DAY OF NOVEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Angela Larson Richard Newton Assistant City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 19, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, October 19, 2021, at 5:00 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Parks and Recreation Director Lisa Escobedo, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Update on the Senior Center Renovation design Parks and Recreation Director Lisa Escobedo stated this is an opportunity for the design team of Barker, Rinker, Seacat to review the final designs of the Senior Center renovation. She then introduced Kevin Armstrong, Project Manager, and Melissa King, Design Manager. Mr. Armstrong provided a quick overview of the budget and timeline and stated the project is on budget. Ms. King presented the demolition, building program drawings, and reviewed the color palettes. City Council chose the cream palette with the lighter stone. There was discussion regarding the back windows and how much the Council liked them. City Manager Ducay asked if glass doors could be added at the back for access to future enhancements at the back. There was also a discussion of adding signage to the front. Director Escobedo stated the project will take nine months and during that time, the regular programing will be conducted at the Library and Colleyville Center. The Mayor and City Council thanked Mr. Armstrong and Ms. King for the work and stated they were pleased with all the elements. WS-2 Presentation on the Draft Water, Wastewater, and Roadway Impact Fee Update Study Public Works Director Ray Silva-Reyes reviewed the history and the Texas Government Code requirements for this item and brought forth the City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 2 recommendation of the Capital Improvement Advisory Committee. He then introduced the consulting staff present from Kimley-Horn: April Escamillia, PE, Civil Engineer, John Atkins, Project Manager, and Jeff Whitacre, VP. Ms. Escamillia presented the results of the impact fee study conducted by Kimley- Horn and explained the theory, data, and assumptions used when conducting the study. There was discussion regarding the service areas, percentage of commercial versus residential, and what factors are used in the calculation. Councilmember Dodson questioned the assumptions and methods used to arrive at the results. The Council discussed this and agreed they didn’t understand all of the results presented and requested Kimley-Horn provide the City with the data used, clarity on assumptions, and more background information. The City Council also requested Kimley-Horn review the Highway 26 corridor, especially the land purchased by the City to insure it was taken into account properly in the commercial computations, and also the property belonging to Trinity Broadcasting as an example of how the residential computations were done. Kimley-Horn was asked to report back to the City Council regarding the data and whether there needs to be adjustments. WS-3 Discussion of the Tinker Road improvement project Public Works Director Ray Silva-Reyes provided the sidewalk update to the Tinker Road project. City Council directed staff to proceed with a five-foot sidewalk on the north side of Tinker Road. Councilmember Nakamura stated the residents along Tinker would prefer the north sidewalk. WS-4 Discussion of the criteria for Heroes Park nominations Mayor Newton gave a history of Heroes Park and distributed the existing process and current criteria for consideration for Heroes Park nominations. Mayor Newton said he is working on updating the criteria and process for nominations and selection. Mayor Newton will bring these recommendations back to City Council for review and consideration. WS-5 Discussion of the October 19, 2021, City Council regular agenda items Mayor Newton noted there were several second reading ordinances on the agenda and discussed the appointments to be made by resolution to the ad General Fund CIP Fee Advisory Committee. Mayor Newton adjourned the worksession at 6:32 p.m. and called the Executive Session to order. City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 3 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Newton adjourned Executive Session at 7:10 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:30 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. INVOCATION: Pastor Paul Daniels, Colleyville Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4660 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition The Mayor and City Council made the following announcements: City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 4 COVID-19 Update – Colleyville has 171 active positive cases. Tarrant County beds occupied by COVID patients is 12%, and the 9-county TSA-E region COVID hospitalization is 10.86%. Tarrant County bed availability is 11%, and ventilator availability is 56%. Adult ICU bed availability in Tarrant County is 4%. While the Tarrant County Health community spread level remains level at “high”, it is clear the epidemic curve is clearly on the decline (case counts trending downward). Sales Tax Positive Trend Continues – The Texas Comptroller’s Office has posted the most recent sales tax allocation information for October, representing all receipts from purchases made in August of this year. The most recent collection came in at 11% over August of FY20, putting YTD growth at 13.8%. In terms of dollars, this represents a total YTD gain of $1,025,000 over last year. Audit collections were minimal this month, meaning most of our gain is from current collections, which are reflective of actual transactions made in August as opposed to administrative adjustments made by the State Comptroller. This is great news! Through August of this year, the City has received a total of $8,432,229 in sales tax. As mentioned before, this is over one million dollars more than we’ve received through the same month in FY20. It also bears noting that this month marks the seventeenth consecutive month in which Colleyville has posted sales tax gains over the previous year. With only one month left in the fiscal year, we are set to likely gain over $1.1 million in sales tax dollars across the City. This will factor heavily in the ability to absorb cost increases in the General, CEDC, and CCCPD funds for FY23. #ColleyvilleGives Grant Application Process Open to Assist Businesses – The City of Colleyville's annual #ColleyvilleGives advertising grant program is back! This seasonal program is designed to assist Colleyville businesses with their fourth quarter advertising and marketing efforts by providing advertising grants. Consistent with years past, this promotion provides $1,000 in grant money for an advertising campaign during the busy holiday months. Businesses who wish to make a $500 donation to an area non-profit will receive an additional $1,000 in grant money. To apply, submit a completed and signed application to the City Manager's Office by emailing Christine Johnson at cjohnson@colleyville.com. Applications can be emailed to you or downloaded from the City website. If you have questions about this promotion, please call 817.503.1111. Christmas Trees Just Around the Corner – The City of Colleyville's Annual community Decorated Tree Display is back for another year! This is an annual tradition in Colleyville where community groups are invited to add some extra Christmas cheer and sparkle by decorating a tree for all to enjoy! Applications are City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 5 available online at www.colleyville.com/christmas and the application deadline is Monday, November 1. Fire Department Offers Vaccinations/Boosters – The Colleyville Fire Department continues to provide vaccinations for those interested. The department has all three vaccines available. Department personnel have begun communication with patients previously vaccinated by the department to schedule booster appointments. The current CDC recommendation is for the Pfizer only. The FDA does not currently authorize mixing brands. Prerequisite for eligibility: 65 years and older at least six months after their primary series Residents of long-term care at least six months after their primary series 18–64 years with underlying medical conditions at least six months after their primary series. 18-64 years who are at increased risk for COVID-19 because of occupational or institutional setting at least six months after their primary series. This applies only to the Pfizer COVID-19 Vaccine and only to people 18 and older. Farmers Market Launches Sunday, October 24 – Colleyville is hosting their very own Farmers Market starting Sunday, October 24, from 10:30 a.m. to 1:30 p.m. at the Plaza at City Hall. Vendors will include those from the Harvest Festival as well as several others! Food trucks, music, lawn games, and more will be present. Additional Farmers Markets will be held the first three Sundays in November. DEA Drug Take Back, October 23 – The Colleyville Police Department and the Drug Enforcement Administration (DEA) will give the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. Community members can bring their pills for disposal to the Senior Center (2512 Glade Road) October 23, from 10 a.m. – 2 p.m. The DEA cannot accept liquids or needles or sharps, only pills or patches. The service is free and anonymous, no questions asked. Colleyville Police are offering a drive through service for easier drug disposal. Fire Academy Enrollment Now Open – Experience what it takes to provide Fire and Emergency Medical Services to our community. The Colleyville Fire Department will be holding a free, one day Citizens Fire Academy for Colleyville residents ages 18 and older. The event is scheduled for October 30, from 9 a.m. – 6 p.m. at the Central Fire Station (5209 Colleyville Blvd.) Participants will cover topics such as Hazmat, CPR/AED, fire extinguisher training, vehicle extrication, and more. Lunch will be provided. Class size is limited to 25 participants. For questions or to enroll, contact Karen Weir at kweir@colleyville.com. City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 6 Presentation by Mary Louise Nicholson, Tarrant County Clerk, to the City of Colleyville and the Colleyville Library of the Tarrant County 2020 Coronavirus Pandemic history book - Mayor Richard Newton and Library Director Mary Rodne Mary Louise Nicholson, Tarrant County Clerk, presented the Tarrant County 2020 Coronavirus Pandemic history book to the City and noted the books are also for sale and available through any County Commission. Ms. Nicholson stated the pandemic changed everyone’s life and it is important we record this event for historical reference. Presentation to Colleyville Police Department Life Saving Awards - Mayor Richard Newton Police Chief Michael Miller and Mayor Richard Newton recognized Officer Dalton Horton and Sergeant Dustin Eason with the Department’s Life Saving Awards. On August 6, 2021, Officer Horton was credited with saving the life of a person undergoing a heart attack. Due to Officer Horton performing CPR until the paramedics arrived, the individual survived and is now home. On August 14, 2021, Sergeant Eason administered Narcan and performed CPR on an individual who was not breathing and had no pulse. Due to the actions of Sergeant Eason, the individual survived and was able to be transported by paramedics. In recognition of the Colleyville Police Department receiving two International Association of Chiefs of Police Awards Mayor Newton recognized the Colleyville Police Department and provided the following information. The Colleyville Police Department has earned two prestigious awards from the International Association of Chiefs of Police (IACP) for its work in solving two high profile cases – one brought down a worldwide sex trafficking website and one solved an international elder fraud ring stemming from Nigeria. Both cases have direct ties to the City of Colleyville. IACP is the largest professional association for police leaders with more than 31,000 members in over 165 countries across the globe. Annually, the IACP honors law enforcement officers and agencies who exhibit leadership, excellence, and professionalism by memorializing their efforts with coveted awards like these; a total of 15 “agency” awards are given out by the organization each year. Colleyville Police Department has been awarded two of the 15 (13.33%) “agency” awards this year. The awards were supposed to be personally presented to agencies at IACP’s annual conference scheduled for the week of September 11, in New Orleans, but due to City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 7 hurricane Ida, the conference was moved to a virtual platform and the awards were announced online on September 13th. We cannot publicize the significance of our police department receiving these awards enough. The department, under the leadership of Chief Miller, has interacted with other departments and agencies, and acted knowledgably, professionally, and skillfully. 2021 IACP/Thomson Reuters Excellence in Criminal Investigations Award The IACP selected the Colleyville Police Department as the recipient of the 2021 IACP/Thomson Reuters Excellence in Criminal Investigations Award in recognition of the exceptional innovation in criminal investigations. The investigation was a collaborative effort between the Colleyville Police Department, Homeland Security Investigations’ (HSI) Dallas Field Office, and the United States Secret Service, with assistance from HSI’s El Paso and San Jose Field Offices, as well as the Texas Department of Public Safety. This award recognizes the excellent criminal investigation conducted into the CityXGuide website, which was used to promote, advertise, and facilitate prostitution and sex trafficking around the world. This team identified numerous minor-aged victims around the world listed in the website advertisements, including a 13-year-old who was recovered in North Texas. The website was seized and its owner was arrested and charged in a 28-count federal indictment. Detective Brent Self was the co-case agent on this investigation. 2021 IACP Leadership in the Prevention of Transnational Crime The Colleyville Police Department was also the recipient of the 2021 IACP Leadership in the Prevention of Transnational Crime Award for successfully mitigating the international threats to their community by transnational crime organizations. The Colleyville Police Department, in partnership with the U.S. Secret Service and investigators from the Tarrant County Criminal District Attorney’s Office, initiated an investigation from a local victim which developed into multiple romance and lottery scams involving elderly victims across the country. This team ultimately identified a West African fraud ring with ties to Nigerian organized crime syndicates who had multiple suspects who scammed over $4 million from the victims. Four offenders in these schemes were apprehended and at least $200,000 has been secured so far with plans to return money to the crime victims. Detective Jeff Prater was the lead investigator on this case. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21- 4661 4a Approval of the minutes of the Regular City Council meeting of October 4, 2021 City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 8 4b Approval of the first one-year renewal term for the Tree Trimming Contractor Services Agreement with Smith Lawn and Tree, LLC, in an amount not to exceed $75,000.00, and authorize the City Manager to execute the agreement 4c Approval of the first one-year renewal term for the City’s current Miscellaneous Concrete Contractor Services Agreement with GRod Construction, LLC, in an amount not to exceed $400,000.00, and authorizing the City Manager to execute the agreement 4d Approval of the third one-year renewal term for the City’s current Janitorial Services Contractor Services Agreement with Oriental Building Services, Inc., in an amount not to exceed $134,041.00, and authorizing the City Manager to execute the agreement 4e Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4f Approval of the sale of property, seized items, found items, obsolete, and non-serviceable equipment Mayor Newton read Resolution R-21-4661 in its entirety. Public Works Director Ray Silva-Reyes presented items 4b, 4c, 4d, and 4f. Regarding items 4b, 4c, and 4d, Councilmember Dodson asked if the City was required to go out for bid of those items. Director Silva-Reyes stated the original contracts were written with renewable terms and were therefore, not required to be rebid during the contract term. Regarding it 4b, Mayor Pro Tem Lindamood stated the contractor does exceptional work and is very thorough and expressed his appreciation. Assistant City Manager Mark Wood presented item 4e and introduced Municipal Court staff Nicole Porell, Administrator, and Aaron Gunther, Deputy Administrator. Mayor Newton opened the public hearing at 8:17 p.m. Kathy Hadley, 204 Timberline Drive S, thanked Mayor Pro Tem Lindamood for his comments regarding the tree-trimming contractor. She also spoke against sending Parks furniture to auction. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:20 p.m. City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 9 Councilmember Nakamura made a motion to approve Resolution R-21- 4661, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - September 2021 Finance Director Kyle Lester provided the September 2021 Financial Report. He noted this is the seventeenth consecutive month for an increase in projected sales tax. He reported on the General, Utility, Drainage, Hotel, and Debt Service Funds and noted this report was for the last month in the fiscal year. Director Lester stated he is estimating the end of year surplus to be in excess of $1.5 million. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2174 Consideration of an amendment to the PUD-R Planned Unit Development-Residential district, specifically to amend the regulations for garage door building materials, for Lots 1-12, Block 1, The Villas at Windsor Steele, located at 5101-5145 Roberts Road, Case ZC21-018 Mayor Newton read the caption of Ordinance O-21-2174. Assistant City Manager Mark Wood presented this item stating at the previous meeting City Council directed staff to research the staff’s process for plan approvals and information provided to the developer. Manager Wood stated he determined staff had provided the developer with marked plans, which noted all the requirements of the PUD-R; however, the developer did not utilize the City’s approved plans. He stated the PUD-R was violated when glass doors were installed and there was a complaint regarding glare. The developer is seeking to amend the PUD-R to allow for the glass doors and noted the one door, which caused a glare, has been treated with film. Mayor Newton asked the applicants to come forward and answer questions. Brian Adams and Ryan Panno, the developers requesting the amendment, thanked the City Council for their time and consideration and stated they did not purposely violate the PUD-R; it was their first time submitting plans online. Mayor Newton stated the development must still be responsible and the City Council does not want to be punitive to the citizens who are already residing in the City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 10 subdivision. Mayor Newton stated he would like to require the developer to add more trees to help offset the glare if the film fails. There was discussion between the Council and developers regarding the species, height, and location of trees, and requiring the HOA to maintain the trees. Council also stated film would have to be placed on each garage door. Mr. Panno asked if they agree to the amendments, will the stop work order be lifted. City Manager Jerry Ducay stated he would lift the stop order. Mayor Newton opened the public hearing at 9:05 p.m. Kathleen Hennessey, 5301 Stonebridge, stated she would get the information on a “gumshoe glass” she is familiar with and suggested the glass in all the doors could be changed out with this non-glare, long lasting, glass. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:07 p.m. Mayor Newton advised the developers he would be making a motion to table and directed Mr. Adams and Mr. Panno to provide a landscape plan with height, species, and dimensions at the next meeting. Mayor Newton made a motion to table Ordinance O-21-2174, seconded by Councilmember Rigney. The motion to table carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6b Ordinance O-21-2175 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a Massage Therapy use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite C, Case ZC21-019 Mayor Newton read the caption of Ordinance O-21-2175. Community Development Director Ben Bryner presented this item and stated staff recommends denial as the applicant failed the background investigation. The applicant was not present to answer questions of the City Council. Mayor Newton opened the public hearing at 9:13 p.m. City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 11 Kathy Hadley, 204 Timberline Drive S, spoke in favor of this item. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:13 p.m. Councilmember Dodson made a motion to deny Ordinance O-21-2175, seconded by Councilmember Kelley. The motion to deny carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6c Ordinance O-21-2176 Consideration of a zoning change from R-20 Single Family Residential and RE Single Family 'Estate' Residential zoning districts to R-40 Single Family Residential zoning district for Lot 2R, Block 1, Mockingbird Hill Addition, located at 6250 Pool Road, Case ZC21-020 Mayor Newton read the caption of Ordinance O-21-2176. Community Development Director Ben Bryner presented this item, a request for a zoning change because the lot has two zonings currently, and stated there are no new lots proposed. Mayor Newton stated the only R-40 ordinance parameter not met is the 100-foot property width, but this is an existing lot and the width is not controllable by the owner at this point. Also the Mayor said this request does clean up the zoning of this land by making it more compatible with the surrounding area. Councilmember Dodson asked staff if the driveway meets the side yard setback. Director Bryner stated there is no side yard setback requirement for flat work. Mayor Newton opened the public hearing at 9:21 p.m. Kathleen Hennessey, 5301 Stonebridge Drive, spoke regarding concerns for a fire truck having access. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:23 p.m. Councilmember Rigney made a motion to approve Ordinance O-21-2176, seconded by Councilmember Wheat. The motion to approve carried by the following vote: City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 12 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6d Ordinance O-21-2177 Consideration of a Special Use Permit for an Accessory Dwelling on Lot 2R, Block 1, Mockingbird Hill Addition, located at 6250 Pool Road, Case ZC21-021 Mayor Newton read the caption of Ordinance O-21-2177. Community Development Director Ben Bryner presented this item, noting it is a companion to the previous Ordinance O-21-2176. Director Bryner stated the request is for an SUP for an accessory dwelling per the zoning, which was approved by the previous ordinance. Director Bryner stated the request is for the use of a new 799 s.f. accessory dwelling attached to an existing detached garage. The total lot area is 1.39 acres, or 60,548 square feet, and the structure will be built on the west side of the garage of similar materials to the home, and includes a 377 s.f. covered porch in addition to the dwelling. He noted the structure will not be visible from Pool Road and it meets all the dimensional requirements of the Land Development Code. Councilmember Dodson asked staff if it is stated the dwelling can never be rented is written in the SUP. Director Bryner stated code states it cannot be used as rental property, and Mayor Newton stated it could be written into the ordinance as well. Mayor Newton asked the applicant to come forward. Mayor Newton asked applicant Lance Bishop, 6250 Pool Road, if he understands and agrees to a condition being written into the ordinance that the property can never be rented. Mr. Bishop stated he understands and agrees. Mayor Newton opened the public hearing at 9:30 p.m. Kathy Hadley, 204 Timberline Drive S, spoke regarding concerns for the potential of the addition being used as a rental as she feels this is happening in her neighborhood. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:32 p.m. Councilmember Dodson made a motion to approve Ordinance O-21-2177 with the amendment of adding the dwelling cannot be used as rental property, seconded by Councilmember Rigney. The motion to approve carried by the following vote: City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 13 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Mayor Newton declared a recess at 9:33 p.m. and reconvened at 9:39 p.m. 6e Ordinance O-21-2178 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district, specifically to allow for showrooms, to include a Hot Tub and Sauna Showroom, as a permitted use, for Lot 1, Block 1, Metrovest Addition, located at 6100 Colleyville Boulevard, Suite 100, Case ZC21-023 Mayor Newton read the caption of Ordinance O-21-2178. Community Development Director Ben Bryner presented this item, a request to amend the PUD-C ordinance to allow showrooms, to include a hot tub and sauna showroom. Mayor Newton asked Director Bryner what the definition is of showroom as opposed to retail showroom. Director Bryner read from the Code and noted it did not include the hot tub and sauna definition. City Manager Ducay did acknowledge the wording “showroom” was more general than the more specific wording “hot tub and sauna showroom”. It was agreed to use the more specific wording. Mayor Newton asked the applicant to come forward. Applicant Garrett Turner, 6100 K Avenue, Plano, advised the City Council the Colleyville showroom would be a satellite store to his current Plano store where all inventory is held and received, and is where the service and delivery departments operate. This means the Colleyville store will be sales only and is a sales tax generating business. There will be no storage or delivery from this location. Mayor Newton asked if the zoning of the other two properties are different. Director Bryner stated yes, the other properties are zoned CC-1, furniture and appliance store. Mayor Newton opened and closed the public hearing at 9:50 p.m. as there was no one present wishing to speak. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-21- 2178 with the amendment of removing showroom from the description, seconded by Councilmember Nakamura. The motion to approve carried by the following vote: City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 14 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6f Ordinance O-21-2179 Amending Chapters 18 and 46 of the Code of Ordinances by adopting the 2018 editions of certain International Codes published by the International Code Council and adopting the 2020 edition of the National Electric Code Mayor Newton read the caption of Ordinance O-21-2179. Community Development Director Ben Bryner presented this item noting further review by the City Attorney and staff at the October 4, 2021, City Council Meeting, it was determined the best procedure for adopting the Codes and updates, and provide clarity in the Code of Ordinances, was to combine the four previous ordinances into a single ordinance adopting all changes in one document. Per the direction of Councilmember Rigney and City Manager Jerry Ducay, Section 4 of the Ordinance specifically exempts Section 4.11.5.2 5 “The leading edge shall be visually set apart and provided with a horizontal solid or broken stripe at least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent in nature and shall be a slip-resistant surface” of the International Swimming Pool and Spa Code, from enforcement. City Attorney Whitt Wyatt stated there will be an amendment to Exhibit A, regarding the Board of Appeals and he has provided the written amendment for the record. Mayor Newton opened and closed the public hearing at 9:59 p.m. as there was no one present wishing to speak. Councilmember Rigney made a motion to approve Ordinance O-21-2179 with the amendment as provided by the City Attorney, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-21-4662 Appointing the adhoc General Fund Capital Improvement Project Fee Advisory Committee City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 15 Mayor Newton read Resolution R-21-4662 in its entirety. Mayor Newton stated the resolution appoints June Shrewsbury, Chair, and Tim Raine, Vice Chair, and appoints members Ray Allee, Thomas Bauch, James Dove, Cliff LeBlanc, Jeff Piston, Scotty Richardson, and Tony Seris. Mayor Newton opened and closed the public hearing at 10:07 p.m. as there was no one present wishing to speak. Councilmember Dodson made a motion to approve Resolution R-21-4662, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive S, spoke regarding Jackson Road, the Senior Center renovation, and the need to involve the seniors. Mrs. Hadley also stated the 26 medians are beautiful and thanked the Council and staff for the work they do. Kathleen Hennessey, 5301 Stonebridge, spoke regarding challenges, which need to be addressed regarding the preservation and responsibility for tree trimming. 9. REPORTS Planning and Zoning Commission Minutes - September 13, 2021 Planning and Zoning Commission Worksession Minutes - September 27, 2021 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 19, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4663 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:20 p.m. City Council Minutes - DRAFT October 19, 2021 City of Colleyville Page 16 APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 1ST DAY OF NOVEMBER 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 11/1/2021 Number Type Resolution Department Engineering Title Approval of a construction contract with Scott Beck Construction, Inc., for the City Hall and Library Interior Finishes Renovation Project, in an amount not to exceed $545,669.32, and a contingency amount not to exceed $50,000, and authorizing the City Manager to execute the contract Strategic Plan 5.3 Provide attractive facilities for leisure and recreation Explanation Reading and Public Hearing The project was authorized in the FY21-25 Capital Improvement Program by Resolution R-20-4535 in an amount of $525,000.00. The award shall be based on the lowest responsible bidder whose evaluation by the City indicates to be in the best interest of the City and taxpayers. After review of pricing, references, and qualifications, the recommendation is to award the contract to Scott Beck Construction, Inc. The project renovations involve interior renovations and finish replacement at City Hall and the second floor of the Library. Renovations include carpet replacement, tile replacement, auditorium seat replacement, new granite countertop placement, the installation of new epoxy flooring, new handrails, and selective re-staining of wood trim and casework. Public notification of the invitation for bids was advertised in the Fort Worth Star- Telegram on September 12, 19, and 26, 2021. The notice to bidders and bid packets were posted on CivCast for free downloading and distributed to the Dodge Lead Center, BlueBook Building and Construction Network, and Construct Connect, which includes ISqFt, CMD, CDC, and Bid Clerk. Additionally, staff directly notified a list of local contractors who may be interested in the bid opportunity. The project had 66 plan holders, of which were two architects, one engineer, 41 general contractors, two manufacturer, four other, seven plan rooms, eight sub-contractors, and one supplier. The City received five sealed bids, which were opened and publicly read aloud on October 12, 2021. City Council Agenda Briefing 4b City of Colleyville Page 2 Contractor Base Bid Amount Contingency Amount TOTAL Contract Amount Scott Beck Construction, Inc. $545,669.32 $50,000 $595,669.32 Real Network Services Inc.$568,948.00 $50,000 $618,948.00 CMC Development & Construction Corporation $585,000.00 $50,000 $635,000.00 JM Construction Solutions $597,851.64 $50,000 $647,851.64 Azteca Enterprises $658,918.00 $50,000 $708,918.00 Financial Impact The funding source for this project is the Tax Increment Finance District. Recommendation Approve Attachments 1.Resolution R-20-4535 2.Bid Tabulation 3.Award Recommendation 4.Form 1295 5.Construction Services Agreement RESOLUTION R-20-4535 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 15, 2020 WHEREAS, City 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 City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of September 1, 2020 b. Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $206,623.40, and authorize the City Manager to execute same, and any associated change orders, in an amount not to exceed 25 percent of the contract price c. Approval of the FY2021 fleet replacement schedule d. Adoption of the Fiscal Year 2021 to 2025 Capital Improvement Program (CIP) e. Approval to purchase a replacement Harben Sewer Jet truck from Patterson Equipment, through the Texas Local Government Purchasing Cooperative (BuyBoard) in an amount not to exceed $117,287.00, and authorizing the City Manager to execute the contract f. Approval to extend an ongoing annual partnership agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer g. Approval of Amendment No. 1 of the Interlocal Agreement for Combined Animal Control and Shelter Services for the cities of Keller, Southlake, and Colleyville to add the city of Roanoke as a contracting partner Resolution R-20-4535 Page 2 of 2 h. Approval of Amendment No. 1 of the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services for the cities of Keller, Southlake, and Colleyville to add the city of Roanoke as a contracting partner AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 15TH DAY OF SEPTEMBER 2020. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATT ESAT, :^ Christine Loven, TRMC City Secretary C TY nO F'CO LLEYVILLE Richard Newton Mayor Exhibit C5 Year Capital Improvement PlanFiscal Year 2021‐2025YearTitle Total Project CostCapital Projects Fund**Utility FundCEDC (Parks, Trails & Libraries)Drainage Fund *FHA/TxDOT*Impact Fees ‐ Area I (East of 26)*Impact Fees ‐ Area II (West of 26)Parkland Dedication FundVoluntary ParkVoluntary LibraryTIFTomorrow Fund ‐ CityTomorrow Fund ‐ Parks**Wastewater Impact Fees**Water Impact Fees2020Estimated 8/1/2020 Available Balances$16,999,238 $6,343,096 $4,206,052 $1,810,127 $0 $201,853 $533,476 $1,484,169 $1,343,197 $491,783 $14,839,180 $2,454,899 $1,060,211 $1,019,582 $4,327,068Projects under contract or in progressBatting Cages for City Park Baseball Facility $95,000$0 $0 $95,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Bransford Rd Trail (Field St to Cotton Belt Trail)‐Desig$16,000$16,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Bransford Water Tank Rehabilitation ‐ Construction $1,103,000$0 $1,103,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Cheek‐Sparger Road (San Bar to Brown Trail) ‐ Design$50,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $50,000 $0 $0 $0 $0Colleyville Center New Roof $40,000$0 $0 $40,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Colleyville Center Renovation FY2020 $56,500$0 $0 $56,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Construction of Parking Facility at Central Fire Station$50,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $50,000 $0 $0 $0 $0Drainage Fee Assessment Study $20,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $20,000 $0 $0 $0 $0Drainage Improvements FY2020 $500,000$50,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $150,000 $0 $0 $0 $0John McCain Rd Trail‐Design $14,000$14,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0John McCain Road and Westcoat Drive Roundabout ‐$1,100,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,100,000 $0 $0 $0 $0Justice Center ‐ Metal Roof Coating $246,500$246,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Keyless Entry /Card Reader Expansion $70,000$70,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Land Purchase $5,600,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,600,000 $0 $0 $0 $0L.D. Lockett Pump Station Emergency Generator $410,000$0 $410,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Landscape Improvements Near Pavilion at McPherso $20,000$0 $0 $20,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Misc Concrete Rehabilitation FY2020 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Nature Center Trail‐Design $300,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $300,000 $0 $0 $0 $0New Warmup Area at City Park Baseball Fields $50,000$0 $0 $0 $0 $0 $0 $0 $0 $50,000 $0 $0 $0 $0 $0 $0Park Signage/Branding Program FY2020 $50,000$0 $0 $0 $0 $0 $0 $0 $0 $50,000 $0 $0 $0 $0 $0 $0Parkway Tree Removal and Replacement‐2020 $25,000$25,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Playground Improvements at Sparger Park $75,000$0 $0 $0 $0 $0 $0 $0 $0 $75,000 $0 $0 $0 $0 $0 $0Pleasant Run Waterline (John McCain North to Bear C$22,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $22,000Public Works Service Center Site Improvements‐Desig$32,000$32,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Restroom Facility at Nature Center $351,000$0 $0 $0 $0 $0 $0 $0 $351,000 $0 $0 $0 $0 $0 $0 $0Restroom Facility at Reagan Park $235,500$0 $0 $0 $0 $0 $0 $0 $235,500 $0 $0 $0 $0 $0 $0 $0Restroom Facility Renovation at City Park $903,000$0 $0 $503,000 $0 $0 $0 $0 $0 $400,000 $0 $0 $0 $0 $0 $0Roberts Road (Glade to Grapevine City Limits) ‐ DESIG$132,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $132,000 $0 $0 $0 $0Roberts Road (Glade to Grapevine City Limits) ‐ ROW$60,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $60,000 $0 $0 $0 $0SH26 Beautification FY2020 $2,000,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,000,000 $0 $0 $0 $0Stormwater Master Plan $193,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $193,000 $0 $0 $0 $0Street Pavement Marking‐2020 $100,000$100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Supervisory Control and Data Acquisition (SCADA) Re$210,000$0 $210,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 10: Apple Valley Subdivision/Rustic Oa$3,000$0 $3,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 11: Tinker Road Water Lines ‐ Design $342,000$287,000 $49,200 $0 $5,800 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Risk and Resilience Assessment $15,000$0 $15,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water, Wastewater, and Roadway Impact Fee Updat$128,000$0 $0 $0 $0 $0 $32,000 $32,000 $0 $0 $0 $0 $0 $0 $32,000 $32,000Sum Of Total Project Cost: $15,017,500 $1,240,500 $1,790,200 $714,500 $305,800 $0 $32,000 $32,000 $586,500 $575,000 $0 $9,655,000 $0 $0 $32,000 $54,000(+) Year‐end surplus contributions $1,395,305 $1,330,000 $0 $200,000$0$0 $0 $0$0$0 $0$0$0$0 $0(‐) Costs not included in project list$845,263$57,382 $759,678(+) FY21 Budgeted Contribution $0 $78,323 $799,438 $20,000 $0 $10,000$254,444 $46,586 $54,067 $40,555 $767,084 $59,286 $11,492 $19,297 $88,6089/8/2020 1:48 PMExhibit C Page 1 of 6 Exhibit C5 Year Capital Improvement PlanFiscal Year 2021‐2025YearTitle Total Project CostCapital Projects Fund**Utility FundCEDC (Parks, Trails & Libraries)Drainage Fund *FHA/TxDOT*Impact Fees ‐ Area I (East of 26)*Impact Fees ‐ Area II (West of 26)Parkland Dedication FundVoluntary ParkVoluntary LibraryTIFTomorrow Fund ‐ CityTomorrow Fund ‐ Parks**Wastewater Impact Fees**Water Impact Fees2021Estimated 10/1/2020 Available Balance $17,154,043 $5,961,219 $3,445,727 $1,724,327 $3,077,000 $179,853 $755,920 $944,255 $822,264 $474,956 $5,191,586 $2,514,185 $1,071,703 $1,006,879 $4,361,676Annual Sidewalk/Trail Construction/Grant Match FY2$400,000$0 $0 $300,000 $0 $0 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0Annual Small Segment Sidewalk/Trail Construction FY2021$250,000$250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Bedford Rd Trail (Glade to Cheek‐Sparger)‐Design $200,000$200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Bransford Rd Trail (Field St to Cotton Belt Trail)‐Const$800,000$800,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Central Fire Station Interior Renovation $125,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $125,000 $0 $0 $0 $0Cheek‐Sparger Road (San Bar to Brown Trail) ‐ Constr$4,105,000$0 $900,000 $0 $0 $1,877,000 $0 $0 $0 $0 $0 $1,328,000 $0 $0 $0 $0Cheek‐Sparger Trail‐Design $125,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $125,000 $0 $0 $0 $0City Hall Interior Renovation $400,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $400,000 $0 $0 $0 $0City Hall Dumpster Enclosure and Storage Facility $150,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $0 $0 $0City Hall/Library ‐ HVAC Replacement $327,600$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $327,600 $0 $0 $0 $0City Park Pickleball Court $200,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $200,000 $0 $0City Park Softball Shade Structure and Playground Im$300,000$0 $0 $300,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Drainage Fee Impervious Area Study $90,900$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $90,900 $0 $0 $0 $0Drainage Improvements FY2021 $500,000$50,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $150,000 $0 $0 $0 $0Fiber Optic $300,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $300,000 $0 $0 $0 $0Fire Station 2 AC Replacement $30,000$30,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Fire Stations Bay Area Renovation $200,000$115,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $85,000 $0 $0 $0 $0Flashing Lights for Pedestrian Crosswalks‐2021 $75,000$75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Flood Gates Upgrade $425,000$0 $0 $0 $425,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Glade Rd (Phase 2‐SH26 to Pool) Design $70,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $70,000 $0 $0 $0 $0Glade Road (Phase 2 ‐ SH26 to Pool) ‐ FY21 Construct$9,000,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $9,000,000 $0 $0 $0 $0Glade Road at Bluebonnet Drive $1,900,000$0 $0 $0 $0 $1,200,000 $0 $0 $0 $0 $0 $700,000 $0 $0 $0 $0Improvements to Parks Building (on Bransford) $380,000$0 $0 $0 $0 $0 $0 $0 $0 $380,000 $0 $0 $0 $0 $0 $0John McCain Rd Trail‐Construction $800,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $800,000 $0 $0 $0 $0Justice Center ‐ HVAC Replacement $395,000$395,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Justice Center Exterior Safety Enhancements $450,000$250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $200,000 $0 $0 $0 $0L.D. Lockett Road Right Turn Ln ‐ Construction $310,000$0 $0 $0 $0 $0 $0 $310,000 $0 $0 $0 $0 $0 $0 $0 $0Library 2nd Floor Renovation $125,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $125,000 $0 $0 $0 $0Misc Concrete Rehabilitation‐2021 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Overland Park Amenity $100,000$0 $0 $0 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0 $0 $0Park Signage/Branding Program FY2021 $50,000$0 $0 $0 $0 $0 $0 $0 $0 $50,000 $0 $0 $0 $0 $0 $0Parking Facility Pavement Marking‐2021 $50,000$50,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Parks House Demo and Site Prep $20,000$0 $0 $20,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Parkway Tree Removal and Replacement‐2021 $75,000$75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Permit Software Acquisition $300,000$120,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $180,000 $0 $0 $0 $0Pleasant Run Practice Fields New Restroom $300,000$0 $0 $0 $0 $0 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $0Pleasant Run Road Bridge at Big Bear (White Chapel $400,000$0 $0 $0 $400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Pleasant Run Road Rehabilitation (John McCain to N $1,800,000$1,250,000 $0 $0 $550,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Pleasant Run Road Waterline (John McCain North to $850,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $50,000 $800,000Public Works Service Center Renovations $500,000$500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Senior Center Exterior Renovations $120,000$120,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Senior Center RFP Professional Services $65,000$0 $0 $65,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0SH26 Beautification FY2021 $7,500,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,500,000 $0 $0 $0 $0Street Maintenance County‐2021 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Maintenance Program‐2021 $500,000$500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Pavement Marking‐2021 $100,000$100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 10: Apple Valley/Rustic Oaks/Bills Lane$630,000$0 $630,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 11: Tinker Road Water/Drainage/Road$2,700,000$1,800,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $300,000 $300,000Water Project 12: Woodbriar Estates ‐ Design $100,000$0 $100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 18: Pecan Park Estates‐Design $120,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $120,0009/8/2020 1:48 PMExhibit C Page 2 of 6 Exhibit C5 Year Capital Improvement PlanFiscal Year 2021‐2025YearTitle Total Project CostCapital Projects Fund**Utility FundCEDC (Parks, Trails & Libraries)Drainage Fund *FHA/TxDOT*Impact Fees ‐ Area I (East of 26)*Impact Fees ‐ Area II (West of 26)Parkland Dedication FundVoluntary ParkVoluntary LibraryTIFTomorrow Fund ‐ CityTomorrow Fund ‐ Parks**Wastewater Impact Fees**Water Impact FeesWater Project 6: Quail Crest ‐ Design $150,000$0 $150,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0WW Project 1: Woodbriar and Quail Crest Subdivisio$350,000$0 $350,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0WW Project 10: Rehabilitation of Priority 2 Manholes$150,000$0 $150,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0WW Project 5: Quails Path ‐ Design $90,000$0 $90,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Sum Of Total Project Cost: $40,253,500 $7,480,000 $2,370,000 $685,000 $1,975,000 $3,077,000 $0 $310,000 $300,000 $530,000 $0 $21,756,500 $0$200,000 $350,000 $1,220,000(+) Year‐end surplus contributions $500,000 $531,100 $0 $200,000 $0 $0$0$0$0$0$0$0$0$0$0(‐) Operational Costs not included in project list $3,921,570$186,262 $194,318(‐/+) Transfers in/out ‐$10,381,432$11,281,432(+) FY22 Budgeted Contribution $2,244,834 $546,941 $2,287,391 $8,622 $0 $10,000 $450,000 $28,885 $174,445 $127,400 $6,525,730 $49,314 $21,434 $49,500 $210,0009/8/2020 1:48 PMExhibit C Page 3 of 6 Exhibit C5 Year Capital Improvement PlanFiscal Year 2021‐2025YearTitle Total Project CostCapital Projects Fund**Utility FundCEDC (Parks, Trails & Libraries)Drainage Fund *FHA/TxDOT*Impact Fees ‐ Area I (East of 26)*Impact Fees ‐ Area II (West of 26)Parkland Dedication FundVoluntary ParkVoluntary LibraryTIFTomorrow Fund ‐ CityTomorrow Fund ‐ Parks**Wastewater Impact Fees**Water Impact Fees2022Estimated 10/1/2021 Available Balance $2,037,445 $4,669,260 $1,126,548‐$42,051$1,222,302 $189,853 $895,920 $673,140 $466,709 $416,095 $1,047,930 $2,563,499 $893,137 $706,379 $3,351,676Annual Sidewalk/Trail Construction/Grant Match FY2$400,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0Annual Small Segment Sidewalk/Trail Construction FY2022$250,000$250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Bedford Rd Trail (Glade to Cheek‐Sparger)‐Construction$1,500,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0City Park Fence Replacement $30,000$0 $0 $0 $0 $0 $0 $0 $0 $30,000 $0 $0 $0 $0 $0 $0City Park New Amenity $700,000$0 $0 $0 $0 $0 $0 $0 $659,000 $0 $0 $0 $0 $41,000 $0 $0Cooks and Waller Lane $500,000$500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Drainage Improvements at Nature Center $400,000$0 $0 $0 $0 $0 $0 $0 $0 $400,000 $0 $0 $0 $0 $0 $0Drainage Improvements FY2022 $500,000$50,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $150,000 $0 $0 $0 $0Flashing Lights for Pedestrian Crosswalks‐2022 $75,000$75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Glade Road (Phase 2 ‐ SH26 to Pool) ‐ FY22 Construct$5,000,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,000,000 $0 $0 $0 $0Hardage Lane $900,000$900,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Jackson Road Bridge Renovation‐Construction $1,222,302$0 $0 $0 $0 $1,222,302 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Justice Center Exterior Cleaning and Sealing $350,000$350,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Justice Center Interior Renovation $200,000$200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Misc Concrete Rehabilitation‐2022 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Nature Center Trail‐Construction $1,000,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0$1,000,000$0 $0 $0 $0Overland Park Amenity Phase II $100,000$0 $0 $0 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0 $0 $0Park Signage/Branding Program FY2022 $50,000$0 $0 $0 $0 $0 $0 $0 $0 $50,000 $0 $0 $0 $0 $0 $0Parking Facility Pavement Marking‐2022 $50,000$50,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Parkway Tree Removal and Replacement‐2022 $75,000$75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Restroom Facility Renovation FY2022 $75,000$0 $0 $75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Roberts Road ‐ Construction $1,500,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,500,000 $0 $0 $0 $0Senior Center Renovations $3,000,000$0 $0 $500,000 $0 $0 $0 $0 $0 $0 $0 $0 $2,500,000 $0 $0 $0SH26 Beautification FY2022 $3,000,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,000,000 $0 $0 $0 $0Street Maintenance County‐2022 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Maintenance Program‐2022 $500,000$500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Pavement Marking‐2022 $100,000$100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 12: Woodbriar Estates ‐ Construction $1,000,000$0 $1,000,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 16: Timberline Drive ‐ Design $200,000$0 $200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 18: Pecan Park Estates‐Construction $800,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $800,000Water Project 5: Brighton Oaks ‐ Design $250,000$0 $250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 6: Quail Crest ‐ Construction $700,000$0 $700,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0WW Project 1: Woodbriar and Quail Crest Subdivision$2,000,000$0 $2,000,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0WW Project 5: Quails Path WW Renewal and Road R$1,300,000$500,000 $800,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Sum Of Total Project Cost: $28,527,302 $4,350,000 $4,950,000 $875,000 $300,000 $1,222,302 $0 $0 $659,000 $580,000 $0 $10,750,000 $2,500,000$41,000 $0 $800,000(+) Year‐end surplus contributions $500,000 $531,100 $0 $200,000 $0 $0$0$0$0$0$0$0$0$0$0(‐) Operational Costs not included in project list $1,543,743$150,248 $196,261(‐/+) Transfers in/out ‐$1,747,092$2,647,092(+) FY23 Budgeted Contribution $2,211,191 $794,326 $2,287,491 $0 $0 $10,000 $450,000 $23,463 $167,334 $133,720 $7,719,252 $49,413 $17,863 $37,125 $157,5009/8/2020 1:48 PMExhibit C Page 4 of 6 Exhibit C5 Year Capital Improvement PlanFiscal Year 2021‐2025YearTitle Total Project CostCapital Projects Fund**Utility FundCEDC (Parks, Trails & Libraries)Drainage Fund *FHA/TxDOT*Impact Fees ‐ Area I (East of 26)*Impact Fees ‐ Area II (West of 26)Parkland Dedication FundVoluntary ParkVoluntary LibraryTIFTomorrow Fund ‐ CityTomorrow Fund ‐ Parks**Wastewater Impact Fees**Water Impact Fees2023Estimated 10/1/2022 Available Balance‐$1,348,456$1,044,686 $995,296‐$142,051$0 $199,853 $1,345,920 $37,603 $54,043 $399,567 $468,013 $112,912 $870,000 $743,504 $2,709,176Annual Sidewalk/Trail Construction/Grant Match FY2$400,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0Annual Small Segment Sidewalk/Trail Construction FY2023$250,000$250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Cheek‐Sparger Trail $400,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $400,000 $0 $0 $0 $0City Hall ‐ Boiler Replacement $200,000$200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Dog Park/Splash Pad $700,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $700,000 $0 $0Drainage Improvements FY2023 $500,000$50,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $150,000 $0 $0 $0 $0Kimzey Park Playground Improvements $1,000,000$0 $0 $1,000,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Misc Concrete Rehabilitation‐2023 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Nature Center Trail PH2‐Construction $2,500,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0$2,500,000$0 $0 $0 $0Parking Facility Pavement Marking‐2023 $50,000$50,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Parkway Tree Removal and Replacement‐2023 $75,000$75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Rehabilitate the Historic Fire Station $234,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $234,000 $0 $0 $0 $0Senior Center Renovations‐2023 $1,000,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,000,000 $0 $0 $0 $0Street Maintenance County‐2023 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Maintenance Program‐2023 $500,000$500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Pavement Marking‐2023 $100,000$100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 14: Mixed Use Connections‐Design $200,000$0 $200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 5: Brighton Oaks Water/Street Rehabil$2,550,000$650,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,900,000Water Project 16: Timberline Drive ‐ Construction $2,500,000$700,000 $1,800,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Woodbriar/Quail Crest Street Rehabilitation (Compan$1,200,000$1,200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Sum Of Total Project Cost: $15,159,000 $4,575,000 $2,000,000 $1,300,000 $300,000 $0 $0 $0 $0 $0 $0 $4,384,000 $0 $700,000 $0 $1,900,000(+) Year‐end surplus contributions $500,000 $531,100 $0 $200,000 $0 $0$0$0$0$0$0$0$0$0$0(‐) Operational Costs not included in project list $1,568,445$151,263 $198,224(‐/+) Transfers in/out $1,259,827‐$1,159,827(+) FY24 Budgeted Contribution $2,202,895 $1,038,457 $2,338,901 $0 $0 $10,000 $450,000 $5,000 $159,081 $140,356 $6,918,579 $44,512 $17,400 $27,844 $118,1252024Estimated 10/1/2023 Available Balance‐$1,960,734$614,243 $465,752‐$242,051$0 $209,853 $1,795,920 $42,603 $213,124 $388,660 $1,644,541 $157,424 $187,400 $771,348 $927,301Annual Sidewalk/Trail Construction/Grant Match FY2$400,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0Annual Small Segment Sidewalk/Trail Construction FY2024$250,000$250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0City Hall and Library Exterior Cleaning and Sealing $350,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $350,000 $0 $0 $0 $0Bedford Road Trail ‐ Construction $1,500,000$1,500,000 $0 $0 $0 $0 $0 $0 $0Drainage Improvements FY2024 $500,000$50,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $150,000 $0 $0 $0 $0Misc Concrete Rehabilitation‐2024 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Parking Facility Pavement Marking‐2024 $50,000$50,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Parkway Tree Removal and Replacement‐2024 $75,000$75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Restroom Facility Renovation FY2024 $75,000$0 $0 $75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Concrete Panel Replacement‐2024 $750,000$750,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Maintenance County‐2024 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Maintenance Program‐2024 $500,000$500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Pavement Marking‐2024 $100,000$100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 14: Mixed Use Connections‐Constructio$1,700,000$0$1,700,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 17: Monticello ‐ Design $200,000$0 $200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Sum Of Total Project Cost: $7,250,000 $4,075,000 $1,900,000 $375,000 $300,000 $0 $0 $0 $0 $0 $0 $600,000 $0 $0 $0 $0(+) Year‐end surplus contributions $500,000 $531,100 $0 $200,000 $0 $0$0$0$0$0 $0$0$0$0(‐) Operational Costs not included in project list $1,591,974$152,309 $200,206(‐/+) Transfers in/out $4,800,000‐$5,700,000(+) FY25 Budgeted Contribution $1,702,598 $1,301,597 $2,381,077 $0 $0 $10,000 $450,000 $5,000 $162,262 $147,324 $7,123,887 $44,601 $3,748 $20,883 $88,5949/8/2020 1:48 PMExhibit C Page 5 of 6 Exhibit C5 Year Capital Improvement PlanFiscal Year 2021‐2025YearTitle Total Project CostCapital Projects Fund**Utility FundCEDC (Parks, Trails & Libraries)Drainage Fund *FHA/TxDOT*Impact Fees ‐ Area I (East of 26)*Impact Fees ‐ Area II (West of 26)Parkland Dedication FundVoluntary ParkVoluntary LibraryTIFTomorrow Fund ‐ CityTomorrow Fund ‐ Parks**Wastewater Impact Fees**Water Impact Fees2025Estimated 10/1/2024 Available Balance $966,864 $546,940 $879,855‐$342,051$0 $219,853 $2,245,920 $47,603 $375,386 $383,674 $2,268,222 $202,025 $191,148 $792,231 $1,015,895Annual Sidewalk/Trail Construction/Grant Match FY2$400,000$0 $0 $300,000 $0 $0 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0Annual Small Segment Sidewalk/Trail Construction FY2025$250,000$250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Drainage Improvements FY2025 $500,000$50,000 $0 $0 $300,000 $0 $0 $0 $0 $0 $0 $150,000 $0 $0 $0 $0Library Equipment Replacement $100,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0 $0Misc Concrete Rehabilitation‐2025 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Parking Facility Pavement Marking‐2025 $50,000$50,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Parkway Tree Removal and Replacement‐2025 $75,000$75,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Concrete Panel Replacement‐2025 $750,000$750,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Maintenance County‐2025 $400,000$400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Maintenance Program‐2025 $500,000$500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Street Pavement Marking‐2025 $100,000$100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 13: Glade at Old Oak and SH121 ‐ Desi$200,000$0 $200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Water Project 17: Monticello ‐ Construction $3,000,000$2,000,000 $1,000,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Sum Of Total Project Cost: $6,725,000 $4,575,000 $1,200,000 $300,000 $300,000 $0 $0 $0 $0 $0 $100,000 $250,000 $0 $0 $0 $0(+) Year‐end surplus contributions $500,000 $531,100 $0 $200,000 $0 $0$0$0$0$0$0$0$0$0$0(‐) Operational Costs not included in project list $1,021,821$153,387 $202,208(‐/+) Transfers in/out $8,068,697‐$8,068,697(+) FY26 Budgeted Contribution $1,709,365 $1,573,732 $2,413,367 $0 $0 $10,000 $450,000 $5,000 $165,508 $154,640 $7,335,353 $44,690 $3,823 $15,662 $66,445Estimated 10/1/25 Available Balances $6,669,926 $1,451,772 $1,971,401‐$442,051$0 $229,853 $2,695,920 $52,603 $540,894 $284,927 $1,082,670 $246,715 $194,971 $807,893 $1,082,340Total Project Cost Grand Total Sum: $112,932,302 $26,295,500 $14,210,200 $4,249,500 $3,480,800 $4,299,302 $32,000 $342,000 $1,545,500 $1,685,000 $100,000 $47,395,500 $2,500,000 $941,000 $382,000 $3,974,000*These revenue sources are located in the Utility Capital Fund, but for the purposes of this report we've broken them out. To get actual projected balance of that fund, add these together.**These revenue sources are located in the General Capital Fund, but for the purposes of this report we've broken them out. To get actual projected balance of that fund, add these together.9/8/2020 1:48 PMExhibit C Page 6 of 6 City Hall and Library Interior Finishes RenovationBid TabulationOctober 12, 2021Item Description Unit Quantity WRGScott Beck Construction IncREAL Network Services In.CMC Development & Construction CorporationJM Construction SolutionsAzteca Enterprises1 Mobilization, Demobilization, Bonds and Insurance in accordance with the Notice to Bidders; for lump sum of:LS 1 $0.00 $142,700.00 $144,992.00$10,000.00 $174,135.92 $99,332.002 Removal and replacement of approximately 1,480 s.f. of toilet room porcelain tile flooring and base on all three floors of the City Hall and two floors of the Library building; for the lump sum of:LS 1 $0.00 $54,760.00 $49,206.00$35,000.00 $30,231.89 $68,284.003 Removal and replacement of approximately 16,894 s.f. of carpet for all three floors of the City Hall; for the lump sum of:LS 1 $0.00 $131,435.32 $105,272.00$95,000.00 $106,746.56 $140,082.004 Removal and replacement of approximately 6,970 s.f. of carpet for the second floor Library building; for the lump sum of:LS 1 $0.00 $55,760.00 $43,432.00$67,000.00 $81,764.75 $68,036.005 Removal and replacement of approximately 4,466 s.f. of Luxury Vinyl Plank on all three floors of the City Hall; for the lump sum of:LS 1 $0.00 $35,728.00 $61,040.00$66,000.00 $73,201.68 $65,316.006 Removal and replacement of approximately 1,233 s.f. of Luxury Vinyl Plank on two floors of the Library building; for the lump sum of:LS 1 $0.00 $9,864.00 $16,852.00$25,000.00 $21,620.84 $19,657.007 Preparation and installation of approximately 386 s.f. of new epoxy flooring as specified in the Library building stairwells; for the sum of:LS 1 $0.00 $10,422.00 $14,182.00$13,000.00 $9,650.00 $33,575.008 Removal and replacement of approximately 141 fixed audience seating in the third floor City Hall Council Chamber; for the lump sum of:LS 1 $100,560.39 $92,000.00 $121,402.00 $254,000.00 $91,500.00 $144,673.009 Fabrication and placement of new Granite countertops and dais facing in the City Hall Council Chamber; for the lump sum of:LS 1 $0.00 $13,000.00 $12,570.00$20,000.00 $9,000.00 $19,963.00$100,560.39 $545,669.32 $568,948.00$585,000.00 $597,851.64 $658,918.0010Owner's Contingency Complete in place for the sum of:LS 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00$150,560.39 $595,669.32 $618,948.00$635,000.00 $647,851.64 $708,918.00Grand TotalSub TotalBID UNRESPONSIVE G a y l e n H o w a r d L a i n g A r c h i t e c t , I n c 1300 West Randol Mill Road, Suite 100, Arlington, Texas 76012 P: 817 -801-7200 ghla -i nc.com October 21, 2021 Ray Silva-Reyes, Director of Public Works The City of Colleyville 100 Main Street, 2nd Floor Colleyville, TX 76034 Re: Colleyville City Hall and Library Interior Finishes Renovation – Bid Recommendation Dear Mr. Silva-Reyes, I have reviewed the bid documents of the five (5) contractors who submitted for the Colleyville City Hall and Library Interior Finishes Renovation project. After review of pricing, references, and qualifications, it is my recommendation that Scott Beck Construction be awarded the Contract. Scott Beck Construction is a locally based company with experience in similar project types. In fact, they were the Contractor who completed the City Hall Entry Door Renovation project in 2019. During this project they proved responsive, demonstrated a high level of workmanship, and showed a desire to do things right. Scott Beck Construction was also the lowest bid—coming in just under the estimate we provided as a fair price for this scope of work. Please let me know if I can be of further assistance in this matter. Sincerely, Stephen Bingham, AIA Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 10/20/2021 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Scott Beck Construction Inc North Richland Hills, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Colleyville New Flooring, Furniture, Stone BSV-2021-005 2021-815139 10/21/2021 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.1.191b5cdcwww.ethics.state.tx.usForms provided by Texas Ethics Commission Construction Services Agreement (Project # BSV 2021-005) Page 1 CONSTRUCTION SERVICES AGREEMENT City Hall and Library Interior Finishes Renovation This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective Date by and between Scott Beck Construction, Inc., a Texas Corporation, hereinafter called "CONTRACTOR", and the City of Colleyville, Texas, hereinafter called "CITY". RECITALS WHEREAS, CITY desires CONTRACTOR to perform certain work and services set forth in Section 1 (the “Scope of Services”), and WHEREAS, CONTRACTOR has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in the Contract Documents, and enumerated under Section 1, of this Agreement; NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, CITY and CONTRACTOR agree as follows: Section 1. Scope of Services Upon issuance of a written Notice to Proceed by CITY, CONTRACTOR agrees to provide to CITY the necessary services, labor, materials, equipment and supplies related to the Colleyville City Hall and Library Interior Finishes Renovation (the “Project”), such services being more fully described herein and pursuant to the plans and specifications identified in the Contract Documents. Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until CONTRACTOR completes the services required herein to the satisfaction of CITY and has been paid in full by City, unless sooner terminated as provided in Section 9, below. Section 3. Contract Documents A. This Agreement is a part of the Contract Documents, which include: 1) This Agreement, including all exhibits and addenda hereto; 2) CITY’S Specifications and Contract Documents for the Project contained in the City’s Invitation for Bid # BSV 2021-005 (“Bid Packet”); 3) CITY’S written notice(s) to proceed to the CONTRACTOR; 4) Properly authorized change orders; 5) CONTRACTOR’s Bid Proposal (“Proposal” and/or “Response”); and 6) Any other materials distributed by the CITY that relate to the Project. In the event there exists a conflict between any term, provision and/or interpretation of the Contract Documents, the documents shall take precedent and control in the order listed above in this Section 3. If discrepancies are found that may impact CONTRACTOR’s work or services related to the Project, it shall be the CONTRACTOR’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the Project. Should CONTRACTOR fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the Project, CONTRACTOR shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the Project. Construction Services Agreement (Project # BSV 2021-005) Page 2 Section 4. Contractor Obligations A. CONTRACTOR shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should CITY require additional services not included under this Agreement, CONTRACTOR shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by CITY; and without decreasing the effectiveness of the performance of services required under this Agreement. B. To the ex tent reasonably necessary for CONTRACTOR to perform the services under this Agreement, CONTRACTOR shall be authorized to engage the services of any agents, assistants, persons, or corporations that CONTRACTOR may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of CITY. The cost of such personnel and assistance shall be a reimbursable expense to CONTRACTOR only if authorized in writing in advance by CITY. C. Unless otherwise agreed, CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the Scope of Services. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have well known, technical or trade meaning shall be held to refer to such recognized standards. D. CONTRACTOR shall comply with all laws, ordinances, rules and regulations governing CONTRACTOR's performance of this Agreement. E. All minor details of the work not specifically mentioned in the Scope of Services or Project Drawings but obviously necessary for the proper completion of the work, such as the proper connection of new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth in this Agreement. CONTRACTOR will not be entitled to any additional compensation therefor unless specifically stated otherwise. Otherwise the term "extra work" as used in this Agreement shall be understood to mean and include all work that may be required by CITY to be done by CONTRACTOR to accomplish any alteration or addition to the work as shown on the Project Drawings. It is agreed that CONTRACTOR shall perform all extra work under the direction of the City's Representative when presented with a written work order signed by the City's Representative, subject, however, to the right of CONTRACTOR to require written confirmation of such extra work order by CITY. Payment for extra work shall be as agreed in the work order. F. CONTRACTOR agrees to indemnify, defend, and save CITY harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and suppliers of machinery and parts thereof, equipment, power tools, all supplies incurred in the furtherance of the performance of this Agreement. When CITY requests, CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. Section 5. Payment A. CITY agrees to pay CONTRACTOR for all services authorized in writing and properly performed by CONTRACTOR in a total amount not to exceed FIVE HUNDRED AND NINETY-FIVE THOUSAND SIX HUNDRED AND SIXTY-NINE AND 32/100 DOLLARS ($595,669.32) (“Contract Price”), subject to additions or deletions for changes or extras agreed upon in writing. Unless otherwise provided herein, payment to CONTRACTOR shall be monthly based on the CONTRACTOR’S monthly progress report and detailed monthly itemized statement for services that shows the names of the Construction Services Agreement (Project # BSV 2021-005) Page 3 CONTRACTOR’S employees, agents, contractors performing the services, the time worked, the actual services performed, and the rates charged for such services, in a form reasonably acceptable to CITY. CITY shall pay such monthly statements within thirty (30) days after receipt and CITY verification of the services. B. CITY may deduct from any amounts due or to become due to CONTRACTOR any sum or sums owing by CONTRACTOR to CITY. In the event of any breach by CONTRACTOR of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against CITY, or the CITY'S premises, arising out of CONTRACTOR's performance of this Agreement, CITY shall have the right to retain out of any payments due or to become due to CONTRACTOR an amount sufficient to completely protect the CITY from any and all loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by CONTRACTOR. C. CITY may, on account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as may be necessary to protect itself from loss on account of: (1) Defective work not remedied; (2) Claims filed or reasonable evidence indicating possible filing of claims; (3) Failure of CONTRACTOR to make payments promptly to subcontractors or for material or labor which CITY may pay as an agent for the CONTRACTOR; or (4) Damages to another contractor or subcontractor. When the above grounds are removed, or CONTRACTOR provides a surety bond satisfactory to CITY which will protect CITY in the amount withheld because of said grounds, CITY will release the amounts withheld. Section 6. Responsibilities A. CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of all materials, construction, installation and other services furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in the installation and construction of the Project components to conform as shown in the Project drawings and specifications. B. Neither CITY's review, approval or acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR's negligent performance of any of the services furnished under this Agreement. C. The rights and remedies of CITY under this Agreement are as provided by law. Section 7. Time for Performance A. CONTRACTOR shall perform all services as provided for under this Agreement in a proper, efficient, timely, and professional manner in accordance with CITY'S requirements. The time for performance under this Agreement is One Hundred and Twenty (120) calendar days. Accordingly, CONTRACTOR shall complete all work related to the Project on or before the 120th calendar day following the date of CITY’S written notice to proceed to CONTRACTOR. Construction Services Agreement (Project # BSV 2021-005) Page 4 B. In the event CONTRACTOR's performance of this Agreement is delayed or interfered with by acts of the CITY or others, CONTRACTOR may request an extension of time for the performance of same as hereinafter provided, but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to CONTRACTOR, unless CONTRACTOR shall have made written request upon CITY for such extension within forty-eight (48) hours after the cause for such extension occurred, and unless CITY and CONTRACTOR have agreed in writing upon the allowance of additional time to be made. D. CONTRACTOR understands and agrees that time is of the essence of this contract, and that for each day of delay beyond the number of calendar days agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as may otherwise be provided for extension of time herein), the CITY may withhold permanently from the Contract Price an amount equal to $2,000 per day, which the parties mutually agree is the amount reasonably necessary to mitigate the effect upon CITY of CONTRACTOR’s delay in performance for this particular Project. E. In case CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the City, or if CONTRACTOR fails to comply with the orders of the CITY, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds may be notified in writing by CITY and directed to complete the work (at CITY’S sole discretion), and a copy of said notice shall be delivered to CONTRACTOR. After receiving said notice of abandonment, CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the CITY or the Surety on the performance bond, or another contractor in completion of the work; and CONTRACTOR shall not receive any rental or credit therefor, it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Nothing in this section shall be deemed a waiver of any remedy available to the CITY under this Agreement and the CITY shall retain all remedies upon default provided in Section 14 herein. (1) In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within Ten (10) days after service such notice, then the CITY may provide for completion of the work in either of the following elective manners: a. The CITY may employ such force of labor and use such machinery, equipment, tools, materials and supplies as said CITY may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the CITY out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or its Surety shall pay the amount of such excess to the CITY; or b. The CITY under sealed bids, when and in the manner required by law, may let the contract for the completion of the work under substantially the same terms and Construction Services Agreement (Project # BSV 2021-005) Page 5 conditions which are provided in this Agreement. In the case of any increase in cost to the CITY under the new contract as compared to what would have been the cost under this Agreement, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Agreement, the CONTRACTOR and/his Surety shall be credited therewith. Section 8. Ownership of Project; Bill of Sale A. CONTRACTOR warrants that title to all work, including all equipment and materials incorporated into the Project, will pass to CITY no later than the time of final payment. CONTRACTOR further warrants that upon payment by CITY, all Work for which payments have been received from CITY shall be free and clear of liens, claims, security interests or other encumbrances in favor of CONTRACTOR or any other person or entity whatsoever. B. CONTRACTOR agrees to assign to CITY at the time of completion of the Scope of Services all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees to perform the Project in such manner to preserve all manufacturer’s warranties. If necessary as a matter of law, CONTRACTOR may retain the right to enforce directly any such manufacturers’ warranties during the one year period following the date of acceptance of the Project by City. Section 9. Termination A. CITY may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to CONTRACTOR. In the event suspension or termination is without cause, payment to CONTRACTOR, in accordance with the terms of this Agreement, will be made based on services reasonably determined by CITY to be satisfactorily performed to the date of suspension or termination. Such payment will be due upon delivery of all instruments of service to CITY. B. If CITY requires a modification of this Agreement with CONTRACTOR, and in the event CITY and CONTRACTOR fail to agree upon a modification to this Agreement, CITY shall have the option of terminating this Agreement and CONTRACTOR's services hereunder at no additional cost other than the payment to CONTRACTOR, in accordance with the terms of this Agreement, for the services reasonably determined by CITY to be properly performed by CONTRACTOR prior to such termination date. Section 10. Insurance A. CONTRACTOR shall during the term hereof maintain in full force and effect the following insurance: (1) a comprehensive general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the CONTRACTOR’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $2,000,000.00 per occurrence and $4,000,000.00 aggregate for injury to persons (including death), and for property damage; and (2) a policy of automobile liability insurance covering any vehicles owned and/or operated by CONTRACTOR, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $500,000.00 combined single limit and aggregate for bodily injury and property damage; and Construction Services Agreement (Project # BSV 2021-005) Page 6 (3) statutory Worker’s Compensation Insurance at the statutory limits and Employers Liability covering all of CONTRACTOR’s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00. B. All insurance and certificate(s) of insurance shall: (1) provide for at least thirty (30) days prior written notice to CITY for cancellation or non- renewal of the insurance; and (2) name CITY, its officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; and (3) provide for a waiver of subrogation against CITY for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. C. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. D. A certificate of insurance evidencing the required insurance and all endorsements shall be submitted prior to commencement of services. Contractor shall provide written notice to CITY of any material change of or to the insurance required herein. Section 11. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 12. Assignment Construction Services Agreement (Project # BSV 2021-005) Page 7 CONTRACTOR shall not assign or sublet this Agreement, or any part thereof, without the prior written consent of CITY. Section 13. Applicable Laws CONTRACTOR shall comply with all Federal, State, County and Municipal laws, ordinances, regulations, safety orders, resolutions and building codes relating or applicable to services to be performed under this Agreement. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court Section 14. Default of CONTRACTOR In the event CONTRACTOR fails to comply or becomes disabled and unable to comply with the provisions of this Agreement as to the quality or character of the service or time of performance, and the failure is not corrected within ten (10) days after written notice by CITY to CONTRACTOR, CITY may, at its sole discretion without prejudice to any other right or remedy: A. Terminate this Agreement and be relieved of the payment of any further consideration to CONTRACTOR except for all work determined by CITY to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel expenses of CONTRACTOR to and from meetings called by CITY at which CONTRACTOR is required to attend, but shall not include any loss of profit of CONTRACTOR. In the event, of such termination, CITY may proceed to complete the services in any manner deemed proper by CITY, either by the use of its own forces or by resubletting to others. B. CITY may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of CONTRACTOR. Section 15. Adjustments in Services No claims for extra services, additional services or changes in the services will be made by CONTRACTOR without a written agreement with CITY prior to the performance of such services. Section 16. Execution Becomes Effective This Agreement will be effective upon signing of the Agreement by authorized representatives of CONTRACTOR and CITY. Section 17. Agreement Amendments This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. This Agreement may only be modified, amended, supplemented or waived by a written instrument executed by the parties except as may be otherwise provided therein. Section 18. Severability. Construction Services Agreement (Project # BSV 2021-005) Page 8 In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Section 19. Independent Contractor. In satisfying the conditions of and providing the services under this Agreement, CONTRACTOR is acting independently, and CITY assumes no responsibility or liabilities to any third party in connection with CONTRACTOR’s actions. All services to be performed by CONTRACTOR pursuant to this Agreement shall be in the capacity of an independent contractor and not as an agent or employee of CITY. CONTRACTOR shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement. Section 20. Right-Of-Access. CITY will obtain and/or furnish right-of-access on any project site for CONTRACTOR to perform any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services. CONTRACTOR will take reasonable precautions to minimize damage to the personal or real property in the performance of such surveys, tests, studies and investigations. Section 21. Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If to CITY: City Manager Attn: Jerry Ducay City of Colleyville 100 Main Street Colleyville, Texas 76034 With copy to: Whitt L. Wyatt, City Attorney 100 Main Street, 3rd Floor Colleyville, Texas 76034 If to CONTRACTOR: Scott Beck Construction, Inc. Attn: Mike Nance Project Manager 4028 Rufe Snow Drive North Richland Hills, Texas 76180 Section 22. Counterparts This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the Construction Services Agreement (Project # BSV 2021-005) Page 9 same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. Section 23. Recitals; Exhibits. All recitals and exhibits attached hereto are incorporated and made a part hereof for all purposes. Section 24. Survival of Obligations. Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. Section 25. Sales and Use Taxes CONTRACTOR understands and acknowledges that CITY is a governmental entity and exempt from the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project or otherwise incorporated into the Project. CITY agrees to provide CONTRACTOR such documentation as may otherwise be required by state law to allow CONTRACTOR to avoid payment of sales and uses taxes for materials and equipment with respect to the Project to the extent allowed by law. Section 26. Audits and Records. CONTRACTOR agrees that during the term hereof the CITY and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of CONTRACTOR’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by the CITY or date of termination if sooner. Section 27. Conflicts of Interests. CONTRACTOR represents that no official or employee of the CITY has any direct or indirect pecuniary interest in this Agreement. Section 28. Hazardous Materials. CONTRACTOR shall report the presence and location of any hazardous materials it notices or which an engineer of similar skill and experience should have noticed to the CITY. Section 29. No Boycott Israel and/or No Industry Discrimination. Pursuant to Texas Government Code Chapter 2270, the CONTRACTOR’s execution of this Agreement shall serve as verification that the Organization does not presently boycott Israel and will not boycott Israel during the term of this Agreement. Pursuant to Texas Government Code Chapter 2251, the CONTRACTOR’s execution of this Agreement shall serve as verification that the Organization does not current discriminate against firearm and ammunition industries and will not for the term of the contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition industry, but does not include an action made for ordinary business purposes. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] Construction Services Agreement (Project # BSV 2021-005) Page 10 EXECUTED on November 1, 2021 CITY OF COLLEYVILLE, TEXAS By:_____________________________________ Jerry Ducay, City Manager ATTEST: _________________________________ Christine Loven, City Secretary APPROVED AS TO FORM: ________________________________ Whitt L. Wyatt, City Attorney Staff:PK:Date:October 13, 2021:v4.2019 EXECUTED on _______________, 2021 CONTRACTOR Scott Beck Construction, Inc. By: _____________________________________ Mike Nance Project Manager City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 11/1/2021 Number Type Resolution Department Engineering Title Approval of a Professional Services Agreement with MAS Consulting Engineers, in an amount not to exceed $168,000, for the design of the Water Project 18: Pecan Park Water and Drainage Improvements Project, and authorizing the City Manager to execute the agreement Strategic Plan 3.2 Ensure regular repair and replacement of water and wastewater facilities Explanation Reading and Public Hearing In September of 2021, City Council approved the 2022-2026 Capital Improvement Program (CIP) by Resolution R-21-4651, which included the design of the Water Project 18: Pecan Park Estates. The original estimated cost for design in the CIP Plan is $200,000.00. The project consists of approximately 5,510 linear feet (LF) of water line improvements, and approximately 1,410 LF of drainage improvements. The limits of the project along Ponderosa Street extend from Tinker Road through Hardage Lane until Ponderosa Street intersects with Hardage Lane for a second time. The City recently completed a Request for Qualifications process for professional engineering services. This process resulted in a total of 53 submittals from various professional engineering firms. Based on a review of the 53 submitted Statements of Qualifications, as well as an interview with the firm, staff is recommending the use of MAS Consulting Engineers, for this project. If approved, MAS Consulting Engineers will design the Water Project 18: Pecan Park Water and Drainage Improvements Project and prepare the engineering drawings for construction of this project. The proposed engineering design proposal is comprised of basic services in the amount of $168,000.00, which include topographic survey, water line design, paving design, and drainage design. For a total design cost of $168,000.00. The Engineer’s Opinion of Probable Construction Cost (OPCC) for this project is $2,550,000.00. Financial Impact The funding source for this project is the Capital Utility Fund. City Council Agenda Briefing 4c City of Colleyville Page 2 Recommendation Approve Attachments 1.Resolution R-21-4651 2.Professional Services Agreement RESOLUTION R-21-4651 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 21, 2021 WHEREAS, City 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 City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the Regular City Council meeting of September 7, 2021 b. Approval of the second renewal of the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services c. Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $205,249.40, and authorize the City Manager to execute same, and any associated change orders, in an amount not to exceed 25-percent of the contract price d. Approval of an agreement with MESA for construction administration and observation services for the SH26 Gateways project, in an amount not to exceed $199,775, and authorizing the City Manager to execute the agreement e. Adoption of the Fiscal Year 2022 to 2026 Capital Improvement Program (CIP) AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 6 AYES, 0 NAYS ON THIS THE 21ST DAY OF SEPTEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Abs Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: l._. f /'" - ...old Christine Loven, TRMC City Secretary Resolution R-21-4651 Page 2 of 2 ITY OF COLLEYVILLE Richard Newton Mayor Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 1 PROFESSIONAL SERVICES AGREEMENT Water Project No. 18: Pecan Park Water and Drainage Improvements This Professional Services Agreement (“Agreement”) is made by and between the City of Colleyville (“City”), and MAS Consulting Engineers (“Professional”) (each a “Party” and collectively the “Parties”), acting by and through their respective authorized representatives. RECITALS WHEREAS, City desires Professional to perform certain work and services set forth in Section 1, Scope of Services and WHEREAS, Professional has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in said Scope of Services, and enumerated under Section 1, of this Agreement; NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, City and Professional agree as follows: Section 1. Scope of Services Upon issuance of a written Notice to Proceed by City, Professional agrees to provide to City the professional services for the Water Project No. 18: Pecan Park Water and Drainage Improvements (“Project”), as set forth in the Scope of Services and drawings attached hereto as Exhibits “A” and “C”, respectively, which are incorporated herein by reference (the “Scope of Services”). Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until Professional completes the services required herein to the satisfaction of City, unless sooner terminated as provided in Section 8, below. Section 3. Professional Obligations A. Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should City require additional services not included under this Agreement, Professional shall make reasonable effort to provide such additional services in accordance with the fee schedule set forth in Exhibit “B”, attached hereto and incorporated herein by reference, and within the time schedule prescribed by City; and without decreasing the effectiveness of the performance of services required under this Agreement. B. To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of City. The cost of such Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 2 personnel and assistance shall be a reimbursable expense to Professional only if authorized in writing in advance by City. C. Professional shall furnish and pay for all labor, tools, materials, equipment, supplies, transportation and management necessary to perform all services set forth in the Scope of Services. Section 4. Payment A. City agrees to pay Professional for all services authorized in writing and properly performed by Professional in accordance with the payment schedule set forth in Exhibit “B,” attached hereto and incorporated herein by reference, subject to additions or deletions for changes or extras agreed upon in writing. All payments to Professional by City shall be based on detailed monthly invoices submitted by Professional for work performed and accepted by City, less any previous payments. Payment will be due within 30 days of the City’s receipt of an approved invoice. B. City reserves the right to delay, without penalty, any payment to Professional when, in the opinion of City, Professional has not made satisfactory progress on the Project as described in the Scope of Services. C. The total compensation to Professional shall be as specified in payment schedule set forth in Exhibit “B”, which shall not exceed ONE HUNDRED AND SIXTY-EIGHT THOUSAND AND NO/100 DOLLARS ($168,000). City may deduct from any amounts due or to become due to Professional any sum or sums owing by Professional to City. In the event of any breach by Professional of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against City, or City's premises, arising out of Professional's performance of this Agreement, City shall have the right to retain out of any payments due or to become due to Professional an amount sufficient to completely protect City from any and all loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by Professional. Section 5. Responsibilities A. Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the design, drawings, specifications, plans and other services. B. Neither City's review, approval/acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professional's negligent performance of any of the services furnished under this Agreement. Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 3 C. The rights and remedies of City under this Agreement are as provided by law. Section 6. Time for Performance A. Professional shall perform all services as provided for under this Agreement in a proper, efficient, timely, and professional manner in accordance with City's requirements. B. In the event Professional's performance of this Agreement is delayed or interfered with by acts of the City or others, Professional may request an extension of time for the performance of same as hereinafter provided but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to Professional, unless Professional shall have made written request upon City for such extension within forty-eight (48) hours after the cause for such extension occurred, and unless City and Professional have agreed in writing upon the allowance of additional time to be made. Section 7. Documents A. All surveys, studies, proposals, applications, drawings, plans, specifications and other documents, including those in electronic form, prepared by Professional and its consultants, subcontractors, agents, representatives, and/or employees in connection with this Agreement (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, subcontractors, agents, representatives, and/or employees shall be deemed the authors of their respective part of the Project Documents. Notwithstanding, upon payment by City as required by this Agreement, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights (except copyrights held by the Professional) in and to all Project Documents, whether in draft form or final form, which are produced at City’s request and in furtherance of this Agreement. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are “works for hire” and shall be the property of City upon payment of Professional as provided in this Agreement. City shall have the right to publish, disclose, distribute and otherwise use Project Documents in accordance with the Engineering Practice Act of the State of Texas (Texas Occupation Code, Chapter 1001, as amended) and/or Texas Occupations Code, Chapter 1051, as amended. Professional shall, upon completion of the services and full payment for Professional’s services by the City, or earlier termination and appropriate compensation as provided by this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement in a TIFF, JPEG or PDF format, and a DXF format in current version of AutoCAD with NAD-83 coordinate format of all such instruments of service to the City. B. All instruments of service (including plans, specifications, drawings, reports, designs, computations, computer programs, computer code, software, estimates, surveys, other Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 4 data or work items, etc.) prepared under this Agreement shall be submitted for approval of City. All instruments of service shall be professionally sealed as may be required by law or by City. C. Acceptance and approval of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents and consultants for the accuracy or competency of their designs, working drawings and specifications, or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect in the designs, working drawings and specifications, or other documents prepared by Professional, its employees, contractor, agents and consultants. Section 8. Te rmination A. City may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to Professional. In the event suspension or termination is without cause, payment to Professional, in accordance with the terms of this Agreement, will be made on the basis of services reasonably determined by City to be satisfactorily performed to the date of suspension or termination. Such payment will be due upon delivery of all instruments of service to City. B. Should City require a modification of this Agreement with Professional, and in the event City and Professional fail to agree upon a modification to this Agreement, City shall have the option of terminating this Agreement and Professional's services hereunder at no additional cost other than the payment to Professional, in accordance with the terms of this Agreement, for the services reasonably determined by City to be properly performed by Professional prior to such termination date. C. Termination for Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor or any other circumstances beyond the reasonable control and without the fault or negligence of the party affected, the party affected, upon giving prompt notice to the other party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both parties shall proceed whenever such causes are removed or cease. Section 9. Insurance A. Professional shall during the term hereof maintain in full force and effect the following insurance: Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 5 (i) A commercial general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Professional’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage; (ii) An automobile liability insurance policy covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $500,000.00 combined single limit and aggregate for bodily injury and property damage; (iii) Statutory Worker’s Compensation Insurance at the statutory limits and Employers’ Liability covering all of Professional’s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00; and (iv) Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limit of not less than $1,000,000.00 per claim and $1,000,000.00 in the aggregate. B. All insurance and certificate(s) of insurance shall contain the following provisions: (i) Name the City, its officers, and employees as additional insureds as to all applicable coverage (not including the Workers Compensation Insurance and Professional Liability); (ii) Provide for at least thirty (30) days prior written notice to the City for cancellation or non-renewal of the insurance or reduction in coverage limits; and (iii) Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance (not including the Professional Liability Insurance). C. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. D. A certificate of insurance evidencing the required insurance and all endorsements shall be delivered to City prior to commencement of services. Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 6 Section 12. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY INDEMNITEES”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY INDEMNITEES. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN WHICH CASE PROFESSIONAL SHALL INDEMNIFY THE CITY INDEMNITEE ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO PROFESSIONAL, ITS OFFICERS, AGENTS, OR EMPLOYEES AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 13. Assignment Professional shall not assign or sublet this Agreement, or any part thereof, without the prior written consent of City. Section 14. Applicable Laws Professional shall comply with all Federal, State, County and Municipal laws, ordinances, regulations, safety orders, resolutions and building codes relating or applicable to services to be performed under this Agreement. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 7 Section 15. Default of Professional In the event, Professional fails to comply or becomes disabled and unable to comply with the provisions of this Agreement as to the quality or character of the service or time of performance, and the failure is not corrected within ten (10) days after written notice by City to Professional, City may, at its sole discretion without prejudice to any other right or remedy: A. Terminate this Agreement and be relieved of the payment of any further consideration to Professional except for all work determined by City to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel expenses of Professional to and from meetings called by City at which Professional is required to attend, but shall not include any loss of profit of Professional. In the event of such termination, City may proceed to complete the services in any manner deemed proper by City, either by the use of its own forces or by re-subletting to others. B. City may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of Professional. Section 16. Adjustments in Services No claims for extra services, additional services or changes in the services will be made by Professional without a written agreement with City prior to the performance of such services. Section 17. Execution becomes Effective This Agreement will be effective on the date when signed by authorized representatives of Professional and City (“the Effective Date”). Section 18. Agreement Amendments This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. This Agreement may only be modified, amended, supplemented or waived by a written instrument executed by the Parties except as may be otherwise provided therein. Section 19. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Section 20. Independent Contractor. Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 8 It is understood and agreed by and between the Parties that Professional in satisfying the conditions of this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Professional’s actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third party beneficiary to this Agreement. Section 21. Right-Of-Access. City will obtain and/or furnish right-of-access on any project site for Professional to perform any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services. Section 22. Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If to City: Jerry Ducay, City Manager City of Colleyville 100 Main Street Colleyville, Texas 75077 With copy to: Whitt L. Wyatt City Attorney’s Office 100 Main Street, 3rd Floor Colleyville, Texas 76034 If to Professional: Angel Sanchez, P.E. President MAS Consulting Engineers 2702 SE Loop 820 Fort Worth, Texas 76140 Section 23. Counterparts. This Agreement may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 9 constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties. Section 24. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. Section 25. Survival of Obligations. Any of the representations and obligations of the Parties, as well as any rights and benefits of the Parties pertaining to a period of time following the termination of this Agreement shall survive termination. Section 26. Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. Section 27. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. Section 28. Recitals. The recitals to this Agreement are incorporated herein. Section 29. Audits and Records. Professional agrees that during the term hereof the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of Professional’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by the City or date of termination if sooner. Section 30. Conflicts of Interests. Professional represents that no official or employee of the City has any direct or indirect pecuniary interest in this Agreement. Section 31. Hazardous Materials. Professional shall report the presence and location of any hazardous materials it notices or which an engineer of similar skill and experience should have noticed to the City. Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 10 (Signature page to follow) Professional Services Agreement MAS Consulting Engineers (09/23/2021) - 2020-09-11.1811 - 1770705 11 EXECUTED on ________________________________. CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay, City Manager APPROVED AS TO FORM: By: __________________________________ Whitt L. Wyatt, City Attorney Staff:LFG:Date:09/23/2021 EXECUTED on ________________________________. MAS CONSULTING ENGINEERS By: Angel Sanchez, P.E. President EXHIBIT “A” Water Project No. 18: Pecan Park Water and Drainage Improvements SCOPE OF SERVICES {. . .} (attached) o 817.708.2422 | 2702 SE Loop 820. Fort Worth. TX 76140 | c 817.938.8832 May 13, 2021 Mr. Ray Silva‐Reyes City of Colleyville 100 Main Street Colleyville, TX 76034 REFERENCE: Ponderosa Area Water Line and Drainage Improvements Dear Mr. Silva‐Reyes: MAS Consulting Engineers (MAS) is pleased to offer Professional Engineering Services for the above referenced project. The attached Professional Engineering Services Contract includes the Scope of Services as presented in Exhibit A and is based on our recent conversations and includes compensation for said work in Exhibit B. We appreciate the opportunity to provide the described services to the City of Colleyville and look forward to working with you and your staff. If you have any questions or if we may be of further assistance, feel free to call me at 817.708.2422. Respectfully Submitted, M. Angel Sanchez, P.E. Principal J:\41-City of Colleyville\03 - Ponderosa W SD Pvmt\Admin\Proposal and Scope\A - Scope of Services - Pondersa Water and Storm Drain Improvements.docx 9/16/2021 Page 1 of 6 Exhibit A Scope of Services City of Colleyville, Texas Ponderosa Area Water Line and Drainage Improvements Exhibit B to Agreement between the City of Colleyville (Client) and MAS Consulting Engineers, LLC (Consultant) The City of Colleyville desires to improve water lines serving the Pecan Estates Addition as well as to alleviate drainage problems in the neighborhood. The City of Colleyville Water and Wastewater Master Plan recommends replacing the subject existing and 6‐Inch water lines with 8‐inch diameter water lines. In addition, the residences in the area have experienced flooding along the drainage route from Park Court to State Highway 26. This proposal includes improvements to the drainage appurtenances and roadways to alleviate flooding in the area. Refer to table below for a schedule of proposed improvements included in this scope of services. Street Name/Location Start End Length (ft) Existing Pipe Size (in) Proposed Pipe Size (in) Water Line Improvements Ponderosa Street Hardage Lane Tinker Road 3300 6 8 Park Court Ponderosa Street Cul-De-Sac 580 6 8 Ronna Court Ponderosa Street Cul-De-Sac 310 6 8 Ponderosa Court Ponderosa Street Cul-De-Sac 130 6 8 Hardage Lane Grapevine Highway 1313 Hardage Lane 1190 6 8 Drainage Improvements Existing 10’ Drainage Easement (Unimproved) 6004 Park Court 6009 Ronna Court 430 --- --- Ronna Court 6009 Ronna Court Ponderosa Street 200 --- --- Ponderosa Street Ronna Court Down Stream Drainage Easement 250 --- --- Partially Improved 10’ Drainage Easement Ponderosa Street Grapevine Highway 530 --- --- Existing Conditions: Existing water lines serving the area are typically located in the parkway, approximately 4 feet behind the back of curb, on the south or west sides of the roadway. Located over or near the existing water line alignments are many masonry mailboxes, landscaping, retaining walls, large established trees, driveway approaches and sidewalks. J:\41-City of Colleyville\03 - Ponderosa W SD Pvmt\Admin\Proposal and Scope\A - Scope of Services - Pondersa Water and Storm Drain Improvements.docx 9/16/2021 Page 2 of 6 Based on resent conversations and a preliminary drainage analysis, MAS understands that capacity of the roadway and drainage appurtenances serving the area are not adequate to convey stormwater for intense storm events. Drainage analysis and design are included in this scope of services. Proposed Improvements: Water Lines: The proposed improvements include upsizing of existing water lines to 8‐inches in diameter. The proposed water lines will be located beneath the roadway pavement, abandoning the existing water lines in place for all asphalt streets. Existing water lines in the Right‐of‐Way adjacent to concrete roadways will be removed and replaced in the same trench, typically 4 feet behind the back of curb. Drainage: Based on conversations with city staff, residents in the subject area, and a preliminary drainage analysis prepared for this scope of services, MAS understands that existing drainage appurtenances and roadways do not have the capacity to convey runoff for rainfall events greater that the 1‐year storm event. MAS prepared a preliminary drainage area map with computations to better understand the severity of the drainage issues impacting this neighborhood. The proposed drainage improvements include the installation of a storm sewer in combination with various surface drainage improvements from State Highway 26 to Park Court. Refer to exhibit C2 for the preliminary drainage plan depicting the proposed drainage improvements required to bring the drainage capacity to current city standards. The Preliminary Opinion of Probable Construction Cost is $ 2,550,000. TASK 1: BASIC SERVICES: SURVEY A. TOPOGRAPHIC SURVEY Surface features including: Driveway approaches, mailboxes, landscaping features, sidewalks, swales etc. Incremental pavement sections showing back of curb, gutter lines, edge of pavement, top of pavement, and parkway grades, etc. Elevations of accessible subsurface utilities, (i.e., manholes, inlets, junction boxes, water valves, etc.) within the existing Right‐of‐Way. Locating existing trees 4” and larger within the Right‐of‐Way and trees larger than 6” in diameter within 5’ of apparent Right‐of‐Way. Topographic data referenced to NAD 83, Texas North Central Zone, NAVD 88 Contours of the topography within the area described above. Apparent Right‐of‐Way limits based on property pins found and available boundary information. Preparation of Right of Entry documents. Not included in this item: Location of irrigation control valves, heads, or appurtenances. J:\41-City of Colleyville\03 - Ponderosa W SD Pvmt\Admin\Proposal and Scope\A - Scope of Services - Pondersa Water and Storm Drain Improvements.docx 9/16/2021 Page 3 of 6 TASK 2 BASIC SERVICES: ENGINEERING A. PROJECT MANAGEMENT, COORDINATION & DATA COLLECTION: 1. Manage the Team: Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work Allocate team resources 2. Communications and Reporting: Attend a project kickoff meeting with the CLIENT’s staff to confirm and clarify scope, understand the CLIENT’s objectives, and ensure economical and functional conceptual designs will meet the CLIENT’s requirements Conduct review meetings with the CLIENT with each submittal Prepare and submit monthly invoices in the format acceptable to the CLIENT Prepare and submit monthly progress reports Attend constructability review meeting with CLIENT’s staff after the preliminary submittal. 3. Data Collection: CONSULTANT will perform field visits to observe and analyze existing conditions CLIENT to provide the City of Colleyville available “as‐built” plats, easements, GIS information, and related studies In addition to data obtained from the CLIENT, CONSULTANT will research proposed improvements in conjunction with any other planned future improvements known by the CLIENT that may influence the project The CONSULTANT will identify and seek to obtain data for existing conditions that may impact the project including but not limited to: utilities, Master Plans, and property ownership as available from the Tax Assessor's office B. Construction Plans for Water Line Improvements: MAS will prepare and submit Preliminary (30%) and Pre‐Final (90%) for review by the CLIENT followed by Final Construction Plans for Bidding Purposes: Cover sheet (one) Site Locations Map with Horizontal and Vertical Control Plan (one) General Notes Sheets (one) Quantities Sheet (one) Water plan sheets (eight) o Water crossing profiles (two) J:\41-City of Colleyville\03 - Ponderosa W SD Pvmt\Admin\Proposal and Scope\A - Scope of Services - Pondersa Water and Storm Drain Improvements.docx 9/16/2021 Page 4 of 6 Storm Drain Improvements o Drainage Area Map Existing and Proposed (two) o Drainage Computations(one) o Storm Drain Improvements (four) Phasing Plan (one) Erosion Control Plan (two) Project Specific special detail sheets (as required) Construction Specifications and Project Coordination 1. Specifications and special provisions 2. Submit 30%, 90% and Final Construction drawings 3. Submit Engineer’s Opinion of Probable Construction Cost with the 90% and Final Construction Plan Submittals to CLIENT for review 4. Attend one meeting per submittal with CLIENT to discuss comments 5. Revise plans and specifications as appropriate 6. Finalize construction documents and Opinion of Probable Construction Cost 7. Submit a PDF copy of final drawings and specifications with Opinion of Probable Construction Cost to CLIENT for review 8. Attend meeting with CLIENT to discuss comments 9. Revise drawings and specifications as appropriate 10. Supply construction plans to the CLIENT for franchise utility coordination. C. BID PHASE SERVICES: During the Bid Phase, MAS will be available to provide coordination as required with prospective bidders. After the bid opening, Bid Tabulation of the bids received will be provided to the CLIENT. A written letter showing bid results and a feedback summary of the lowest bidder’s references will be provided to the CLIENT. MAS will: Provide a PDF set of drawings and specifications for bidding and construction Attend pre‐bid conference Attend bid opening, prepare bid tabulation, verify the contractor’s references and provide letter of findings Provide a letter identifying the lowest bidder, and if appropriate, identify best value contractor Attend pre‐construction conference D. CONSTRUCTION ADMINISTRATION: Construction administration (not daily representation) is included. This includes responding to submittals and requests for information (RFI’s), reviewing pay requests and producing record drawings in AutoCAD, DWG and PDF formats). Throughout the project, periodic e‐mail progress reports and updates will be submitted. J:\41-City of Colleyville\03 - Ponderosa W SD Pvmt\Admin\Proposal and Scope\A - Scope of Services - Pondersa Water and Storm Drain Improvements.docx 9/16/2021 Page 5 of 6 MAS will: Respond to material submittals and requests for information (RFI’s) Attend Substantial Completion Walk‐Through Attend and document final inspection Produce record drawings in DWG and PDF formats (based on CLIENT Inspector and/or Contractor Redlines). This shall not be construed as performing continuous construction inspection. MAS will also be available to review submittals from the Contractor that are required for this project and related to the civil site improvements. Submittals not required by the contract documents or not related to civil site improvements will not be reviewed. Please note the following: MAS shall not at any time supervise or have authority over any Contractor work or jobsite management procedures, nor shall MAS have authority over or be responsible for the means and methods, or procedures of construction selected or used by the Contractor. MAS neither guarantees the performance of the Contractor nor assumes responsibility for the Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. MAS shall not provide or have any responsibility for surety bonding or insurance‐ related advice, recommendations, counseling, nor research, or enforcement of construction insurance or surety bonding requirements. MAS shall not be responsible for the errors or omissions of the Contractor or for any decision or interpretation of the Contract Documents made by the Contractor. While at the Site, MAS’s employees and representatives shall comply with the specific applicable requirements of the Contractor's and CLIENT's safety programs of which MAS has been informed in writing. Special Services: Easement Preparation: The consultant will prepare exhibits for proposed easements. Subsurface Utility Engineering Services (Level A): The consultant will obtain SUE Level A and observed using GPS equipment. The Client will provide the following: Right of entry letter template Electronic samples of Notice to Bidders, Instructions to Bidders, Proposal, Contract, General Provisions, Special Provisions, Wage Rates, Maintenance Bond, Performance Bond, Payment Bond, and other items typically used by CLIENT for bidding Electronic samples of City standard details for paving, drainage, water, and sewer Advertisement J:\41-City of Colleyville\03 - Ponderosa W SD Pvmt\Admin\Proposal and Scope\A - Scope of Services - Pondersa Water and Storm Drain Improvements.docx 9/16/2021 Page 6 of 6 Bidding, except as included above The following items, if needed, will be considered extra work: Parcel acquisition services (survey, exhibits, negotiation, appraisals, condemnation, etc.) Additional meetings not identified above. Public Hearing or Town Council/Commission Meetings Reset Property corner monumentation disturbed or removed during or after construction End of Exhibit A 5/20/2021 Page 1 of 1 Exhibit B Compensation and Method of Payment City of Colleyville, Texas Ponderosa Area Water Line and Drainage Improvements Exhibit B to Agreement between the City of Colleyville (Client) and MAS Consulting Engineers, LLC (Consultant) COMPENSATION: For all professional services included in EXHIBIT A, Scope of Services, the CONSULTANT shall be compensated in accordance to work completed, as summarized below. The fees below shall be considered full compensation for the services described in EXHIBIT A, including all labor materials, supplies, and equipment necessary to deliver the services. Task 1: Basic Services ‐ Survey A. Topographic Survey $ 40,000 Task 2: Basic Services – Engineering A. Project Management, Coordination and Data Collection $ 8,000 B. Construction Plans, Conceptual 30% Complete $ 38,000 C. Construction Plans, Pre‐Final 90% Complete $ 50,000 D. Construction Plans, Final 100% Complete $ 16,000 E. Construction Specifications Booklet $ 4,000 F. Bid Phase Services $ 4,000 G. Construction Administration $ 4,500 H. Record Drawings $ 3,500 SUBTOTAL: Basic Services $ 168,000 Task 3: Special Services A. Drainage Easement Exhibits ($1,500 per each, if required) *$ 1,500 B. Subsurface Utility Engineering – Level A (per each) *$ 5,500 Expenses $ 2,500 SUBTOTAL Special Services $ TBD *Estimated fees may vary depending on the amount of effort required to complete the work. Subcontracted fees will be invoiced to the client with a 10% mark‐up. METHOD OF PAYMENT: The CONSULTANT shall be paid monthly payments as described in the Agreement for Professional Consulting Services. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the CONSULTANT. END OF EXHIBIT B TBPE REGISTRATION No. F-17018 2702 SE LOOP 820 FORT WORTH, TX 76140 TEL. (817) 708-2422 PONDEROSA WATER LINE AND DRAINAGE IMPROVEMENTS CITY OF COLLEYVILLE, TEXAS VICINITY MAPSCALE: 1"=1,000'CONCEPTUAL WATER LINE IMPROVEMENTS PLAN ST A T E H I G H W A Y 2 6 CO L L E Y V I L L E B L V DPONDEROSA STPARK CT RONNA CT HARDAGE LNTINKER RDPONDEROSA ST HARDAGE LNLEGENDWATER LINE REPLACEMENT SECTIONN.T.S.EXHIBIT C1 1012.25506.77402.07305.09203.80TBPE REGISTRATION No. F-17018 2702 SE LOOP 820 FORT WORTH, TX 76140 TEL. (817) 708-2422 PONDEROSA WATER LINE AND DRAINAGE IMPROVEMENTS CITY OF COLLEYVILLE, TEXAS VICINITY MAPSCALE: 1"=1,000'101.00LEGENDDRAINAGE AREA MAP WITH CONCEPTUAL DRAINAGE IMPROVEMENTS ST A T E H I G H W A Y 2 6 CO L L E Y V I L L E B L V DPONDEROSA STPARK CT RONNA CT HARDAGE LNTUSCANY DRTINKER RDPONDEROSA ST HARDAGE LNEXHIBIT C2 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 11/1/2021 Number Ordinance O-21-2180 Type Ordinance Department Community Development Title Consideration of a zoning change from AG Agricultural district to R-40 Single Family Residential district for Tract 2F01, Abstract 1692, Joseph White Survey, located at 6113 Hunter Lane, Case ZC21-026 Strategic Plan 4.1 Protect Colleyville's semi-rural residential character Explanation First Reading and Public Hearing John Jeffords, the applicant, has submitted a request for a zoning change on Tract 2F01, Abstract 1692, Joseph White Survey, being approximately 0.992 acres, and zoned AG Agricultural. The purpose is to rezone from the AG Agricultural district to the R-40 Single Family Residential district. The purpose is to build a new single-family home. Existing Conditions/Background: The subject property, 6113 Hunter Lane, is located along Hunter Lane on the east side of the street and north of Shelton Drive. The property has never been platted and there is an existing home, which will be demolished. Proposed Zoning: Request – The applicant requests to rezone the property from AG to R-40 zoning. The minimum standards for the R-40 zoning district are as follows: Minimum Lot Size 40,000 SF 41,221 sf. Minimum Lot Width 150 feet 135 feet Minimum Lot Depth 150 feet 310 feet Front Building Line 40 feet Side Building Line 15 feet Rear Building Line 25 feet Max. Lot Coverage 20% Max. Impervious Coverage 50% Analysis: The applicant is requesting a zoning change in order to build a new home on the property. The dimensional requirements of the lot are such that it meets most City Council Agenda Briefing 5a City of Colleyville Page 2 of the requirements of the R-40 zoning district. A Minor Plat is running concurrently which requires a Plat Waiver for the width of the proposed lot. Plat Status: The property is currently unplatted. DRC Review: The DRC met on September 17th and determined the case to be scheduled for the October 4, 2021, Planning and Zoning Commission. Drainage: NA Surrounding Development: The property to the north is zoned R-40 Single Family Residential and is improved with a single-family home and accessory building. The property located to the south is zoned AG Agricultural and improved with a single- family home. Property to the east is zoned R-40 and improved with a single-family home. The property to the west is zoned R-30 Single Family Residential and is improved with a single-family home and accessory building. Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, identifies the subject property for single-family residential development. The proposed R-40 zoning does not conflict with any portion of the comprehensive plan. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star- Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends approval of the Rezoning from AG Agricultural district to R-40 Single Family Residential district. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their October 11, 2021, meeting by a vote of 7-0. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map City Council Agenda Briefing 5a City of Colleyville Page 3 4.Minor Plat 5.Notification Map 6.Property Owner Notification 7.Notify List 8.Ordinance O-21-2180 904 6095 6100 705 6409 6321 900 704 6406 605 5918 700 601 900 511 6228 516 6301 6301 6000 6001 6208 512 512 612 701 6129 902 6213 6216 6321 809 903 6200 5917 6014 608 6405 6114 6100 801 6404 6106 816 6204 901 6113 6114 6101 6001 908 6215 6103 6108 805 6104 6201 6128 6212 6400 609 800 6115 6215 6110 6408 6115 804 6304 6101 6400 508 6114 6301 6402 909 6316 6105 1000 6214 6117 6112 6005 PLEASANTRUNROADCOOKS LANE HA RDA GE LA NE T I N K E R R OA D THERESALANESH ELTON DRIVEHUNTER LANEL D LOCKETT ROADAerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-026 K6113 Hunter Lane Subject Property 904 6095 6100 705 6409 6321 900 704 6406 605 5918 700 601 900 511 6228 516 6301 6301 6000 6001 6208 512 512 612 701 6129 902 6213 6216 6321 809 903 6200 5917 6014608 6405 6114 6100 801 6404 6106 816 6204 901 6113 6114 6101 6001 908 6215 6103 6108 805 6104 6201 6128 6212 6400 609 800 6115 6215 6110 6408 6115 804 6304 6101 6400 508 6114 6301 6402 909 6316 6105 1000 6214 61176112 6005 PLEASANTRUNROADCOOKS LANE HA RDA GE LA NE T I N K E R R OA D THERESALANESH ELTON DRIVEHUNTER LANEL D LOCKETT ROADR-30 R-40 AG R-30 R-40 R-20R-40 R-30 R-40 R-40 AG R-40 R-40 R-40 R-40 R-30R-20 R-30 R-30 RE AG AG R-40 R-40 R-40 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-026 K6113 Hunter Lane Subject Property 904 6095 6100 705 6409 6321 900 704 6406 605 5918 700 601 900 511 6228 516 6301 6301 6000 6001 6208 512 512 612 701 6129 902 6213 6216 6321 809 903 6200 5917 6014 608 6405 6114 6100 801 6404 6106 816 6204 901 6113 6114 6101 6001 908 6215 6103 6108 805 6104 6201 6128 6212 6400 609 800 6115 6215 6110 6408 6115 804 6304 6101 6400 508 6114 6301 6402 909 6316 6105 1000 6214 6117 6112 6005 PLEASANTRUNROADCOOKS LANE HA RDA GE LA NE T I N K E R R OA D THERESALANESH ELTON DRIVEHUNTER LANEL D LOCKETT ROADFuture Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-026 K6113 Hunter Lane Subject Property Residential Institutional Open Space; Parks HA RDA G E LA NE BRA NSFORD ROADPLEASANT RUN ROAD L D LOCKETT ROADTHERESAL ANE SH EL TON DRIVE M C D O N W E L L S C H OOL ROAD E HUNTER LANECOOKS LANE WALLERLANETINKER ROA D EMERALDDRIVECUTTER RIDGE COURTNotification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-026 K6113 Hunter Lane Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, October 11, 2021 at 7:00 p.m. City Council Meetings: Tuesday, November 2, 2021 & Tuesday, November 16, 2021 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a zoning change from the AG Agricultural district to the R-40 Single Family Residential district. The request is to rezone the property to allow for the construction of a new home. Zoning Case:ZC21-026 Applicant:John Jeffords Owners: Brian and Julie Chamblee Location:6113 Hunter Lane Property Description:Tract 2F01, Abstract 1692, Joseph White Survey Present Zoning:AG Agricultural This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City CONGREGATION BETH ISRAEL PO BOX 397 COLLEYVILLE, TX PINE, JAMES W 5918 HUNTER LN COLLEYVILLE, TX DAVIS, DONALD 6228 PLEASANT RUN RD COLLEYVILLE, TX REGIONAL RAIL ROW CO PO BOX 660163 DALLAS, TX LOVE, KEVIN D 6000 HUNTER LN COLLEYVILLE, TX ROBARE, LISA PO BOX 2802 GRAPEVINE, TX KHUBCHANDANI, ZUBIN 6208 PLEASANT RUN RD COLLEYVILLE, TX EBNER, SEAN 6129 THERESA LN COLLEYVILLE, TX ARMOR CAPITAL LLC 2221 E CONTINENTAL BLVD # 140 SOUTHLAKE, TX ARMOR CAPITAL LLC 2221 E CONTINENTAL BLVD # 140 SOUTHLAKE, TX YOUNG, BRADLEY A 6100 HUNTER LN COLLEYVILLE, TX BAILEY, DANE 6106 HUNTER LN COLLEYVILLE, TX MENON, SUNEEL 6204 PLEASANT RUN RD COLLEYVILLE, TX CHAMBLEE, BRIAN 5704 LAKE JACKSON DR FORT WORTH, TX MOORE, JERRY D 6101 HUNTER LN COLLEYVILLE, TX JORDAN, JOHN D 6103 HUNTER LN COLLEYVILLE, TX DECOSTA, STEPHEN 6108 HUNTER LN COLLEYVILLE, TX STACY, MICHAEL 6104 HUNTER LN COLLEYVILLE, TX JACKSON, AUSTIN 6201 THERESA LN COLLEYVILLE, TX LAPSIWALA, SAMIR 6212 PLESANT RUN RD COLLEYVILLE, TX DAVIS, GARY D 6400 PLEASANT RUN RD COLLEYVILLE, TX GIBSON, CLAYTON 6115 THERESA LN COLLEYVILLE, TX WALTERS, JOHN A 6215 THERESA LN COLLEYVILLE, TX JONES, MICHAEL 6110 HUNTER LN COLLEYVILLE, TX MCGREGOR, ROBERT M 6115 HUNTER LN COLLEYVILLE, TX SPRINGER, JACK D 6101 THERESA LN COLLEYVILLE, TX PANNO, THOMAS J 6114 HUNTER LN COLLEYVILLE, TX LE, TINH 6301 THERESA LN COLLEYVILLE, TX DAVIS, ULLIN D 6316 PLEASANT RUN RD COLLEYVILLE, TX PIPES, TODD 6117 HUNTER LN COLLEYVILLE, TX MADDEN, C L 6112 HUNTER LN COLLEYVILLE, TX FARAGHER, JACK 6005 HUNTER LN COLLEYVILLE, TX CUTTER RIDGE ESTATES ADDITION 6404 CUTTER RIDGE COURT COLLEYVILLE, TX ALIANNE ESTATES 6201 THERESA LANE COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX ORDINANCE O-21-2180 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.992 ACRES, BEING TRACT 2F01, ABSTRACT 1692, JOSEPH WHITE SURVEY, LOCATED AT 6113 HUNTER LANE, FROM THE AG AGRICULTURAL DISTRICT TO THE R-40 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a change in zoning on 0.992 acres, being Tract 2F01, Abstract 1692, Joseph White Survey, located at 6113 Hunter Lane, from AG Agricultural district to R-40 Single-Family Residential district under Case No. ZC21-026; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion the change in zoning provided for herein should be made, in compliance with the City Charter, and State law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a change in the zoning on 0.992 acres, being Tract 2F01, Abstract 1692, Joseph White Survey, from AG Ordinance O-21-2180 Page 2 of 3 Agricultural district to R-40 Single-Family Residential district as depicted on the attached as Exhibit “A”. Sec. 2. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 3. THAT the above described tract of land shall be subject to the following conditions: 1. As depicted in the attached Exhibit “A” and Exhibit “B”. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. Ordinance O-21-2180 Page 3 of 3 The first reading and public hearing being conducted on the 1st day of November 2021. The second reading and public hearing being conducted on the 16th day of November 2021. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 16TH DAY OF NOVEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A”- Zoning Map R40 Exhibit “B”- Zoning Exhibit City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 11/1/2021 Number Ordinance O-21-2181 Type Ordinance Department City Manager Title Appointing a municipal court judge and associate judge for the combined Municipal Court for the City of Colleyville and the City of Keller Strategic Plan 1.4 Communicate thoroughly and strategically Explanation First Reading and Public Hearing In 2012, the cities of Colleyville and Keller entered into an interlocal agreement to establish combined municipal court operations pursuant to HB 984 which states "A municipality may enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose." With the execution of the interlocal agreement between the cities of Colleyville and Keller for combined municipal court services, it was recognized the combined municipal court would operate most efficiently with the appointment of a single municipal court judge. Per the attached Exhibit "A" of the interlocal agreement, a review and selection committee representing both cities was established for recommending to each respective City Council a municipal court judge for formal appointment. Included in the interlocal agreement (Exhibit "A") is a provision for the appointment of a municipal court judge. The Charter requirement for the City of Colleyville for judicial services is as follows: Section 8.02. - Judge of the Municipal Court: The Judge of the Municipal Court shall be appointed by the City Council to serve at the discretion of the City Council. He shall be an attorney licensed and practicing in the State of Texas, and shall receive such salary as may be fixed by the City Council. In case of the disability or absence of the Judge of the Municipal Court, the City Council shall appoint a qualified person to act in his place. City Council Agenda Briefing 5b City of Colleyville Page 2 The Municipal Court Review and Selection Committee consists of the Mayors and two City Councilmembers from both Colleyville and Keller. The Committee conducted interviews of candidates for the position, and recommended Carol Montgomery as Regional Municipal Court Judge, for a two-year term effective December 1, 2021 through December 1, 2023. The City of Colleyville Municipal Court of Record was created pursuant to Chapter 30, Subchapter P, of the Texas Government Code, and Section 30.006(b) of the Texas Government Code provides that Municipal Courts of Record must have their Judges appointed by an ordinance of the City Council. The proposed ordinance complies with the requirement of Section 30.006(b) and formalizes the appointment of Carol Montgomery as the City of Colleyville Municipal Court Judge for the City of Colleyville Municipal Court of Record to serve December 1, 2021, through December 1, 2023. Additionally, per the attached Exhibit "A" of the Interlocal Agreement, it is the responsibility of the appointed municipal court judge to propose to the Municipal Court Review and Selection Committee a temporary replacement(s), who shall perform the duties of the municipal judge in the absence of the judge. In accordance with the Interlocal Agreement Exhibit "A", Judge Montgomery submits the name of Lindsay Kinzie as City of Colleyville Associate Municipal Court Judge for the City of Colleyville Municipal Court of Record to serve December 1, 2021, through December 1, 2023. Financial Impact Funding for the annual salary of the Regional Municipal Court Judge is available in the Fiscal Year 2022 Municipal Court budget with reimbursement from the City of Keller, as contained in the Interlocal Agreement for Combined Municipal Court Services for the cities of Colleyville and Keller. Recommendation Approve Attachments 1.Interlocal Agreement Exhibit "A" 2.2021 Municipal Judge Agreement 3.Ordinance O-21-2181 Exhibit A Colleyville and Keller recognize that the combined Municipal Court will operate most efficiently with the appointment of a single Municipal Court Judge, and the parties will endeavor to achieve that goal. That said, Colleyville and Keller reserve the right to select and/or remove their Municipal Court Judge in accordance with their applicable Charter provisions. A municipal judge review and selection committee consisting of both Mayor’s and two duly appointed City Council members from each City will formulate a process for obtaining and assessing candidates for the Municipal Court Judge position. The current Judges for Colleyville and Keller will be invited to submit their candidacy for the combined Court. Upon the conclusion of such process, the Committee shall make a recommendation to the full Colleyville and Keller City Councils for the selection of the Municipal Court Judge. If such candidate is approved by both the Colleyville and Keller City Councils, that candidate shall serve as the Municipal Court Judge for the combined Municipal Court for an initial term of two (2) years. In the event the candidate is not approved by both Colleyville and Keller, the matter shall be referred back to the standing committee for the recommendation of an alternative appointment. In the event such alternative appointment is not approved by both Colleyville and Keller, then this issue shall be sent to dispute resolution pursuant to Section 9 of the Agreement. Any renewals of term or approval of a replacement Judge will be subject to this process. Upon appointment, the Municipal Court Judge will be responsible for all judicial services for the combined Court, including but not limited to the following: adjudication of all cases, plea dockets, trial dockets (both before the court and jury trials), property hearings, arraignments, emergency protective order hearings, dangerous dog hearings, warrant issuance (including search, arrest, and blood warrants), juror notification, setting of bonds, other judicial proceedings and magistrate services. The Municipal Judge shall propose to the standing committee a temporary replacement(s) who shall perform the duties of the Municipal Judge in his/her absence. In the event either Colleyville or Keller objects to the proposed temporary replacement Judge(s), the Municipal Court Judge must propose an alternative replacement(s) until such replacement(s) is approved by both Colleyville and Keller. If for any reason, the Municipal Court Judge is unable to attend to their duties on a given date, the Judge must notify the Court Administrator. Any temporary replacement Judge will be compensated by the Municipal Court Judge out of his/her salary. The standing committee shall recommend an annual salary for the Municipal Judge to be considered by the respective City Councils and if approved incorporated into the employment contract of the Municipal Judge. PAGE 1 CITY OF COLLEYVILLE/CITY OF KELLER REGIONAL MUNICIPAL COURT JUDGE AGREEMENT REGIONAL MUNICIPAL COURT JUDGE AGREEMENT This Regional Municipal Court Judge Agreement (“Agreement”) is made by and between the City of Colleyville (“Colleyville”), the City of Keller (“Keller”), and Carol Montgomery (“Judge”), (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. RECITALS: WHEREAS, Colleyville and Keller (each a “City” and collectively the “Cities”) jointly administer and operate a regional municipal court; and WHEREAS, the Cities desire to engage and appoint Judge Carol Montgomery to serve as the regional municipal court judge for the Cities’ regional municipal court pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and terms and conditions herein contained, and of the execution hereof, the Parties agree and bind themselves to the obligations and performance of the tasks as follows: Article I Purpose The purpose of this Agreement is for the City to contract for municipal court judge services to be performed in accordance with the terms and conditions of this Agreement. Article II Term This Agreement shall be effective as of December 1, 2021 (the “Effective Date”) and shall expire December 31, 2023. Notwithstanding the foregoing, the term of this Agreement may be extended by mutual written agreement of the Parties. Article III Regional Municipal Court Judge 3.1 Authority; Services. Judge shall have all authority vested under law and shall undertake Judge’s duties fairly, impartially and independently. Judge shall, in a timely and responsive manner, perform all services set forth herein and as required of municipal court judges in accordance with Cities’ respective Charters, the Cities’ interlocal agreement for combined municipal court services, the adopted policies and procedures of the regional municipal court, and the laws applicable to municipal judges of courts in the State of Texas, as the foregoing may be amended (“Services”). The Services shall include, without limitation, the following: (a) Preside over all municipal court proceedings; (b) Promptly handle all adult and juvenile arraignments (see Section 3.2 below); PAGE 2 CITY OF COLLEYVILLE/CITY OF KELLER REGIONAL MUNICIPAL COURT JUDGE AGREEMENT (d) Execute all arrest warrants; (e) Execute all court warrants; (f) Coordinate court activities with the municipal court administrator, prosecutor(s), city attorney(s), and other departments of the Cities as necessary; (g) Perform such other duties as assigned by the respective City Councils and/or the City Managers that may be commensurate with the position of Regional Municipal Court Judge; and (h) Perform all other administrative duties of a municipal court judge as may be provided by ordinance, resolution of the City Council, or applicable state law. 3.2 Arraignments; Magistrate Duties. Judge shall be responsible for all duties customarily performed by magistrates of municipal courts of record in Texas. In particular, Judge shall be responsible for all arraignments and magistrate duties for the regional holding facility (jointly administered by Keller, Colleyville and Southlake), subject to the terms and conditions of all existing MOUs and other agreements of the cities related to the same. Judge (or duly assigned associate judge(s)) shall, at all times during the term of this Agreement, be available on a 24/7 basis to handle all warrants, bonds, emergency orders, prisoner transfers requests, and similar matters. Compensation for these duties flow through the stipend received from Southlake in the amount of $12,000 per year and Roanoke in the amount of $7,300 per year, to be paid to the Judge quarterly. 3.3 Scheduling of Dockets. Judge shall be responsible for scheduling all court dockets and proceedings in coordination with the municipal court administrator to facilitate optimal court efficiency in support of the Cities’ customer service goals and values. 3.4 Review and Selection Committee. The Cities have established a Municipal Judge Review and Selection Committee (the “Committee”) to assist in administering the position of the regional municipal court judge. The Committee may meet from time to time to discuss, review and/or modify the administration of the regional municipal judge position, including the periodic review the Judge’s performance under this Agreement. Within the first three (3) months of this Agreement, a performance evaluation of judge shall be undertaken by the Cities (through their respective City Managers, or designee(s)) and presented to the Committee. Upon request by the Committee and/or Cities, Judge agrees to collaborate with the Committee to ensure the municipal court’s operations, policies and orders are being effectively administered consistent with the operational goals and values of the Cities. 3.5 Associate Judge(s). Judge shall, upon prior written approval of the Cities, engage the services of one or more associate judges during the term hereof, subject to all terms and conditions established by the Cities, in the Cities’ sole discretion. Judge shall exercise direct supervision over all associate judges and be responsible for assigning such associate judges to act in Judge’s absence in accordance with Section 30.00007(a)(4) of the Texas Government Code. Judge shall be responsible for all compensation due to all associate judges under this Agreement and shall ensure that the position of associate judge does not go vacant for more than 60 consecutive days during the term of this Agreement. PAGE 3 CITY OF COLLEYVILLE/CITY OF KELLER REGIONAL MUNICIPAL COURT JUDGE AGREEMENT 3.6 Qualifications; Trainings. Judge must be an attorney licensed by the Texas Supreme Court and must remain in good standing with the State Bar of Texas at all times during the term of this Agreement. Judge shall further adhere to the Texas Code of Judicial Conduct and all other constitutional and statutory requirements of Judge’s appointed office. The Cities acknowledge that Judge may be required to participate in training programs administered by the City of Southlake during the term of this Agreement and agree that the City of Southlake, as Judge’s current employer, may seek equitable contribution in the form of reimbursement from the Cities for the proportionate costs of such trainings attributable to the Judge’s Services under this Agreement. Article IV Compensation 4.1 Compensation. Judge shall be compensated for the Services based upon a flat annual rate of $135,000, which will be paid to Judge on a bi-weekly basis ($5,192.31) during the term of this Agreement. Should this Agreement terminate prior to the last day of the month, the Judge’s compensation will be prorated on a daily basis for any partial month. Additionally, the Cities will provide Judge, during the term of this Agreement, (i) use of 2 iPads (to be purchased and owned by Colleyville) at least one device will be a cellular streaming device, (ii) a one-time reimbursement up to $250.00 for judicial robe(s), (iii) a mobile telecommunications device stipend in the amount of $100.00 per month, and (iv) city shall fund City of Colleyville portion of participation in Texas Municipal Retirement Fund. Judge shall not be entitled to any other compensation under this Agreement unless otherwise agreed by the Parties in writing. 4.2 Independent Contractor Status; Insurance; Taxes. Notwithstanding any other provision of this Agreement, the Parties intend and agree that Judge shall be an independent contractor and not an employee of either City during the term of this Agreement for any purpose, including without limitation, application of FICA, the Social Security Act, the Federal Unemployment Act, and applicable provisions of the Internal Revenue Code. The Cities shall not pay (or reimburse) Worker’s Compensation Insurance on Judge’s behalf during the term of this Agreement and Judge shall at all times be responsible for the payment of Judge’s self-employment taxes incurred in connection with this Agreement. Article V Termination 5.1 Termination for Convenience. Any Party may terminate this Agreement, in whole or in part, at any time by providing sixty (60) days written notice. Judge shall be compensated for all Services up to the time of termination. If Judge has any property or documents in its possession belonging to the Cities, Judge will account for and dispose of the same in the manner requested. 5.2 Termination for Default [Breach or Cause]. If Judge fails to perform in the manner called for in this Agreement, or if Judge fails to comply with any other provisions of this Agreement, the Cities may terminate this Agreement for default. Termination shall be given by serving a notice of termination on Judge setting forth the default and stating the date of termination. Upon termination under this Section 5.2, Judge shall be compensated only for Services performed PAGE 4 CITY OF COLLEYVILLE/CITY OF KELLER REGIONAL MUNICIPAL COURT JUDGE AGREEMENT in accordance with this Agreement through the date of termination. 5.3 Removal of Judge. Notwithstanding any other provisions of this Agreement, the Parties acknowledge that Judge may be removed from office only as provided by law. The removal of Judge by either City, regardless of reason, shall be mutually effective to terminate this Agreement. 5.4 Waiver of Remedies for Any Breach. In the event that City elects to waive its remedies for any breach or default by Judge of any covenant, term or condition of this Agreement, such waiver by City shall not limit City's remedies for any succeeding breach or default of this Agreement. Article VI Miscellaneous 6.1 Independent Contractor. It is understood and agreed by and between the Parties that in satisfying the conditions of this Agreement, Judge is acting independently, and that the Cities assume no responsibility or liabilities to any third party in connection with these actions. All Services to be performed by Judge pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of either Colleyville or Keller. Judge shall supervise the performance of its Services and shall be entitled to control the manner and means by which its Services are to be performed, subject to the terms of this Agreement. As such, the Cities shall not: (1) train the Judge; (2) require the Judge to complete regular oral or written reports; or (3) require any Judge to provide full-time employee services to either city. 6.3 Assignment of Agreement. Judge may not assign this Agreement, or assign or delegate any right or duty under this Agreement, without prior written approval from the Cities. 6.4 Notice. Any notice required or permitted to be given under this Agreement by one Party to the other Party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this section, or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving Party at the address hereinafter specified: For Colleyville: City of Colleyville Attn: Jerry Ducay, City Manager 100 Main Street, 3rd Floor Colleyville, Texas 76034 E: jducay@colleyville.com For Keller: City of Colleyville Attn: Mark Hafner, City Manager P.O. Box 770 Keller, Texas 76244 E: mhafner@cityofkeller.com PAGE 5 CITY OF COLLEYVILLE/CITY OF KELLER REGIONAL MUNICIPAL COURT JUDGE AGREEMENT For Judge: Carol Montgomery 202 West LD Lockett Colleyville, Texas 76034 6.5 Conflict of Interest. Judge covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of Services required to be performed under this Agreement. If any such conflict of interest shall arise during the Agreement Term, Judge shall immediately and fully disclose the nature and extent of the conflict to the respective party and resolve the conflict to party’s satisfaction. 6.6 Signatories. Having agreed to the terms herein, the undersigned signatories hereby represent and warrant that they have authority to enter into this Agreement. 6.7 Applicable Law and Venue. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the state district court of Tarrant County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.8 Amendments. This Agreement may be amended only upon written Agreement signed by the Parties. 6.9 Severability/Interpretation. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.10 Compliance with Laws. Judge shall fully comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the services covered hereunder as they may now read or may hereafter be amended. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] PAGE 6 CITY OF COLLEYVILLE/CITY OF KELLER REGIONAL MUNICIPAL COURT JUDGE AGREEMENT CITY OF COLLEYVILLE REGIONAL MUNICIPAL COURT JUDGE By: By: Mayor Richard Newton Carol Montgomery Date signed: Date signed: __________________________ CITY OF KELLER By: Mayor Armin Mizani Date signed: ORDINANCE O-21-2181 AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF CAROL MONTGOMERY AS THE PRESIDING MUNICIPAL COURT JUDGE FOR THE COLLEYVILLE/KELLER REGIONAL MUNICIPAL COURT OF RECORD IN CONFORMANCE WITH SECTION 8.02 OF THE COLLEYVILLE CHARTER AND THE INTERLOCAL AGREEMENT FOR COMBINED MUNICIPAL COURT SERVICES BETWEEN THE CITIES OF COLLEYVILLE AND KELLER; APPROVING THE APPOINTMENT OF AN ASSOCIATE MUNICIPAL COURT JUDGE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council desires to appoint Carol Montgomery as the Presiding Municipal Court Judge for the Colleyville/Keller Regional Municipal Court of Record for a two (2) year term in conformance with applicable law and the existing Interlocal Agreement for Combined Municipal Court Services between the cities of Colleyville and Keller; and WHEREAS,the City Council further desires to approve the appointment of an associate Municipal Court Judge for a term running concurrent with the Presiding Judge’s term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council of the City of Colleyville, Texas hereby appoints Carol Montgomery to serve as the Presiding Municipal Court Judge for the Colleyville/Keller Regional Municipal Court of Record to serve from December 1, 2021, through December 1, 2023. Accordingly, the City Council hereby approves the Regional Municipal Court Judge Agreement with Carol Montgomery attached hereto as Exhibit “A”. Sec. 2. THAT the City Council further approves the appointment of Lindsay Kinzey as an Associate Municipal Court Judge for the Colleyville/Keller Regional Municipal Court of Record to serve from December 1, 2021, through December 1, 2023; subject to the terms and conditions applicable to associate judges contained in the Municipal Court ILA and Exhibit “A” hereto. Sec. 3. THAT this ordinance shall take effect immediately from and after its passage. Ordinance O-21-2181 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of November 2021. The second reading and public hearing being conducted on the 16th day of November 2021. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 16TH DAY OF NOVEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney EXHIBIT A REGIONAL MUNICIPAL COURT JUDGE AGREEMENT Effective December 1, 2021 (attached) City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 11/1/2021 Number Ordinance O-21-2174 Type Ordinance Department Community Development Title WITHDRAWN BY APPLICANT - OCTOBER 21, 2021 - Consideration of an amendment to the PUD-R Planned Unit Development-Residential district, specifically to amend the regulations for garage door building materials, for Lots 1-12, Block 1, The Villas at Windsor Steele, located at 5101-5145 Roberts Road, Case ZC21-018 Strategic Plan 4.1 Protect Colleyville's semi-rural residential character Explanation Update: On October 21, 2021, the applicants for the amendment withdrew the request. The email is attached. Second Reading and Public Hearing The Council discussed the permit process and expressed concerns about the architectural design of the homes. The applicant was present at the first reading to explain the request and answer questions. First Reading and Public Hearing Ryan Panno and Brian Adams, the applicants, have submitted a request for an amendment to the existing PUD-R Planned Unit Development – Residential ordinance for the Villas at Windsor Steele development, being approximately 2.60 acres. The purpose is to amend the PUD-R’s ordinance in order to allow for the incorporation of glass as an acceptable building material for garage doors. The current regulation requires wood or faux-wood doors. No other amendments are proposed. Existing Conditions/Background: The subject property consists of a 12 lot single- family subdivision under construction. This development was approved by the City Council in September of 2015. Proposed Amendment: Request – The applicant requests to change the PUD ordinance to allow for glass as an approved material for the garage doors. City Council Agenda Briefing 6a City of Colleyville Page 2 Analysis: The requested PUD-R amendment is for an update to the allowable materials for garage doors. The previous ordinance was approved in 2015 and requires wood or faux-wood only. The applicants desire for glass to be an acceptable building material for the garage doors. To change the garage door materials from the PUD-R ordinance requires an amendment to Ordinance O-15-1964. Plat Status: The property is platted as Lots 1-12, Block 1, of the Villas at Windsor Steele. DRC Review: The DRC reviewed the request during their August 23, 2021 meeting and determined the application was complete and may be scheduled for the next available Planning and Zoning Commission meeting. Drainage: NA Surrounding Development: The properties to the north, south and west have AG Agricultural zoning and have mostly developed with residential structures, a church, and soccer fields. The properties to the east have PUD-R zoning and are improved with residential structures. Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, identifies the subject property for residential development. The proposed change to the PUD-R ordinance does not conflict with any portion of the comprehensive plan. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star- Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff is neutral on this request. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request conditional that the glare from the glass shall be mitigated with some resolution prior to the City Council meeting at their September 13, 2021, meeting by a vote of 6-1. Financial Impact There is no financial impact to the City. Recommendation None City Council Agenda Briefing 6a City of Colleyville Page 3 Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Full-View-Brochure Garage Doors 6.Ordinance O-15-1964 7.Photo Sep 22, 10.39.28 AM 8.Notification Map 9.Notification Letter 10.Notify List 11.Letters Received 12.Updated Resident Letter 9.26.2021 13.Ordinance O-21-2174 14.Withdrawal Email - Villas at Windsor Steele PUD GL A DE RO A D HERITAGEAVENUEBU R OA K DRIVE POSTOAKTRAILFOX GLENDRIV E HERITAGEOAKSDRIVEROBERTSROADPRESTWICKDRIVEROTHSCHILD BOULEVARD MARTIN PARKWAYAUBURNDALEAVENUEHERITAGEOAKSD R I V E CHI NQUAPI NDRIVEBUGLE LANEQUEENSBURY WAY EFOX MEA DOWS DRIV E COPPERGLENC IR C LE Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-018 K5101-5145 Roberts Road Subject Property Sales Tax Preferred Intersection GL A DE RO A D HERITAGEAVENUEBU R OA K DRIVE POSTOAKTRAILFOX GLEN DRIVE HERITAGEOAKSDRIVEROBERTSROADPRESTWICKDRIVEROTHSCHILD BOULEVARDMARTIN PARKWAYAUBURNDALEAVENUEHERITAGEOAKSD R I V E C HIN Q UA PINDRIVEBUGLE LANEQUEENSBURY WAY EFOX MEA DOWS DRIV E COPPERGLENC IR C LE RD CC-1 R-30 PU D-R PU D-R PU D-R AG PU D-R PU D-R RD PU D-R PU D-R Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-018 K5101-5145 Roberts Road Subject Property Sales Tax Preferred Intersection 5100 5138 5009 5062 51335132 5005 5300 5004 5140 51445137 5008 5060 5066 5011 5040 5013 5101 5024 5036 5104 5020 5113 5008 5129 5064 3708 5052 3740 5124 5012 5070 5205 5032 5017 5121 5129 3504 5001 5028 5128 5207 5112 5016 5303 5142 5058 5105 5123 5148 5120 5008 51325125 5136 5049 5120 5013 5056 5009 5109 5113 5134 3510 5116 5108 3508 5044 5017 5117 3506 5005 5145 5141 5137 5133 5125 5121 5117 5109 5105 5101 BUR OA K DRIVE CHINQUAPINDRIVEPOST OAK TRAILS H UM A R D O A K L A N E COPPERGLENC I R C L EROBERTS ROADFuture Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-018 K5101-5145 Roberts Road Subject Property Residential Institutional Open Space; Parks The Villas of Windsor Steele Colleyville, Texas PUD Single Family - 12 Lots PUD Amendment – Ordinance O-15-1964 1. GENERAL a. The purpose of this PUDR Amendment is to revise Item e. in Section 4.2 of City of Colleyville Ordinance O-15-1964 i. Item e. currently states: “Homes shall feature wooden or faux-wood garage doors.” ii. Revised Item e. to state: “Homes shall feature all glass garage doors. Glass type shall be frosted.” THE QUALITY GARAGE DOOR™ | FULL-VIEW ALUMINUM 2 3295 shown in clear anodized with optional frosted glass | FULL-VIEW ALUMINUM A dramatic statement, made to fit your contemporary garage door application. Our full-view aluminum garage doors are expertly engineered of aluminum and glass that will give your home the perfect blend of industrial and ultra modern. | KEY FEATURES INSULATION Optional insulated section rails are available providing additional therrmal protection for your garage space. BULB SEAL Integrated bulb seal eliminates air and water infiltration keeping your interiors protected from the unwanted elements. SECTION CONSTRUCTION Rail and stile sections are assembled with through bolts for added strength and longevity. POWDER COATING Choose from 188 color options that provide a maintenance free, durable finish. Enjoy the view but keep the noise out!C.H.I Full-View Aluminum doors have been tested and certified for an STC (sound transmission class) Rating of 27. 3 | PERSONALIZING OPTIONS Choose from a variety of personalizing options to complement your home’s design and create immediate curb appeal. FINISH SUPER DURABLE POWDER COAT COLORS All powder coat colors add 1-week lead time Clear Anodized White Almond Sandstone Brown Bronze Dark Bronze Gray Desert Tan Black GLASS Plain Frosted Tinted Obscure ADDITIONAL GLASS & PANEL OPTIONS In addition to our standard glass offering, customize your door with specialty glass, solid panels or special materials. Contact your C.H.I. Dealer for options and details. SECTIONSLimited Lifetime SPRINGS3 Years HARDWARE6 Years Full-View Aluminum Model Comparison Chart BETTER BEST Section Construction 2” Thick - Hollow aluminum rails with through bolt assembly and bulb seal between sections 2” Thick - Insulated aluminum rails with through bolt assembly and bulb seal between sections Section Material Heavy Duty - Aluminum Heavy Duty - Aluminum Insulation Type No Insulation Polystyrene Insulation Panel Style / Model Number2 Full-View 3295 3297 Personalizing Options Powder Coating1 188 Colors 188 Colors Windows •• Solid Panels Insulated or Non-Insulated Insulated or Non-Insulated Glass •• Warranty Limited Lifetime Warranty 1 Refer to your local C.H.I. Dealer for exact color match. 2 Model number indicates insulation type. APPEARANCE PACKAGE All hardware, including struts and track, is powder coated, creating a complete garage door system with a lasting impression. All information presented is based on the specifications and features available at the time of printing and is subject to change without notice. CHI051 202-190052 0731 V1 20K / ©2019 C.H.I. Overhead Doors C.H.I. DEALERS A BETTER BUYING EXPERIENCE All C.H.I. doors, replacement parts, and accessories are sold only through our network of C.H.I. dealers: dedicated professionals who install and service our doors with the same quality and workmanship we use to manufacture them. chiohd.com | 1485 Sunrise Drive | Arthur, IL 61911 | USA Your Local Garage Door Professional | DOORVISIONS Bring your vision to life. * doorvisions.chiohd.com ORDINANCE 0-15-1964 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, 'TEXAS, BY CHANGING THE ZONING ON 2.60 ACRES IN THE G.W. MINTER SURVEY, ABSTRACT 1034, LOCATED AT 5017, 5113, AND 5201 ROBERTS ROAD FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC15-011; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein, and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration ,of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and state law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings Ordinance 0-15-1964 Page 2 of 6 and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 2.60 acres in the G.W. Minter Survey, Abstract 1034, located at 5017, 5113, and 5201 Roberts Road from the AG-Agricultural zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A" and as legally described in Exhibit"B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The purpose of this PUD-R is for a single family residential development of 12 detached dwelling units, constructed at a maximum net density of 6.3 dwelling units per acre (12 divided by 1.92 acres). b. The subject property is subject to all the regulations contained in the Land Development Code, except as noted herein. 2. Development Plan a. The development shall be generally consistent with Exhibits C" and "D" relating to the layout and common open space, which shall not be considered the associated plat. The actual Ordinance 0-15-1964 Page 3 of 6 street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage, or other conditions. All final details are subject to the other provisions of this ordinance and all other City codes and regulations. b. The development shall provide a slip road, similar to the one in attached Exhibit "E." The photos represent the character and look the slip street shall have. c. Homes constructed shall generally comply with the building materials, architectural style, and scale of the architecture as shown in the renderings contained in Exhibit "F." d. Homes constructed shall utilize 100 percent masonry materials on all facades, excluding windows, doors and trim. e. Homes shall feature wooden or faux-wood garage doors. f. A six-foot masonry wall shall be provided along the northern and southern property lines, extending from the eastern property line and existing masonry wall of Heritage Oaks to the front building line of proposed Lots 1 and 12. 3. Permitted Uses a. Single Family Detached Dwellings b. Common Open Space Areas 4. Residential Lot Requirements and Setbacks Residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size: 4,882 square feet b. Minimum Lot Depth: 97 feet c. Minimum Lot Width: 50 feet d. Front Building Line: 10 feet Ordinance 0-15-1964 Page 4 of 6 e. Side Building Line: 5 feet f. Rear Building Line: 10 feet g. Maximum Lot Coverage: 66 percent h. Maximum Building Height: 30 feet 5. Open Space and Landscaping a. This development shall provide a minimum of 17.3 percent common open space, as shown on Exhibits "C" and "D" which shall be for the aesthetic, leisure, and recreational enjoyment of the development's residents. The open space shall comply with the provisions contained in the Land Development Code except as noted herein. All open space areas shall be landscaped and maintained by the Homeowner's Association HOA). b. A minimum of eight, three-inch caliper trees shall be planted on proposed Lot 13 by the developer, prior to the final acceptance of the subdivision. c. A minimum of one, three-inch caliper tree shall be planted in each residential lot front yard. d. The two existing trees as noted on Exhibit "D" shall be preserved. Should the two trees be removed, the caliper inches shall be replaced with trees meeting the standards of the Land Development Code at the rate of three times the removed tree's caliper inches. e. The median between Roberts Road and the slip road shall contain one tree for every 30 linear feet, to be provided by the developer prior to final acceptance of the subdivision. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Ordinance 0-15-1964 Page 5 of 6 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in" order to permit its proper development and in order to protect the public interest, comfort, and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of September 2015. The second reading and public hearing being conducted on the 15th day of September 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 15'- day of n..iae 2015. ATTEST:CITY OF COLLEYVILLE At 0/ lr(\, Ani elley, -. MC David Kelly City Secretary Mayor Ordinance 0-15-1964 Page 6 of 6 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle Bei, L. St of City Attorney A SS 'f C)1? A f v 1eZLourr , LSV Exhibit A –Location and Zoning Map Exhibit B – Legal Description Being a tract in the G.W. Minter Survey, Abstract 1034, City of Colleyville, Tarrant County, Texas conveyed to Kenneth W Sauer, etux, recorded in Document No. 211194191, James Lecocq recorded in Document No. 203104559, and Ted Scribner, etux recorded in Vol. 5564 Page 899 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows with bearings related to the west line of Heritage Oaks recorded in Cabinet “A” Slide 11704 of the plat records of Tarrant County; Beginning at the northwest corner of said Heritage Oaks; THENCE S00/48'20"E, a distance of 304.48 feet along said west line to a point for a corner; THENCE S00/33'05"E, a distance of 456.18 feet continuing along said west line to a point for a corner in the north line of Lot 1 Block 1 Pleasant Glade Baptist Church Addition recorded in Cabinet “A” Slide 7691 of said Plat Records; THENCE S88/30'45"W, a distance of 144.98 feet to a point for a corner in Roberts Road; THENCE N01/52'36"W, a distance of 289.95 feet to a point for a corner; THENCE N00/39'22"W, a distance of 286.54 feet to a point for a corner; THENCE N88/51'25"E, a distance of 6.77 feet to a point for a corner; THENCE N00/48'20"W, a distance of 185.47 feet to a point for a corner in the south line of a tract conveyed to Thomas Arnold recorded in Document 203464501 of said deed records; THENCE N89/01'26"E, a distance of 144.90 feet along said Arnold south line to the POINT OF BEGINNING and containing 2.60 acres, more or less. Exhibit C – Site Layout Exhibit D – Conceptual Landscape Exhibit E – Slip Road Exhibit F – Architectural Renderings ROTHS CHILD BOULEVARD FOX GLENDRIV E BU R OA K DRIVE POSTOAKTRAILGLA DE R OA D HERITAGEOAKSDRIVEPRESTWICKDRIVEROBE RT S ROADMARTIN PARKWAYHERITAGE AVENUEAUBURNDALEAVENUEHERITAGEOAKSD R I V E CHI NQUAPI NDRIVEBUGLE LANEQUEENSBURY WAY EFOX MEA DOWS DRIV E COPPERGLENC IR C LE Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-018 K5101-5145 Roberts Road Subject Property 500ft Buffer Properties within 500ft Sales Tax Preferred Intersection NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, September 13, 2021 at 7:00 p.m. City Council Meetings: Monday, October 4, 2021 & Tuesday, October 19, 2021 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of an amendment to the PUD-R Planned Unit Development-Residential district, specifically to garage door building materials. The request is to revise the previously approved garage door building materials to include glass garage doors. Zoning Case:ZC21-018 Applicants:Brian Adams and Ryan Panno Owners: Brian Adams and Ryan Panno Location:5101-5145 Roberts Road Property Description:Lots 1-12, Block 1, The Villas at Windsor Steele Present Zoning:Planned Unit Development-Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City CHAPMAN, PHILLIP H 5100 POST OAK TR COLLEYVILLE, TX NUMBERS MANAGEMENT CORP 3065 BEYER BLVD STE B-103 SAN DIEGO, CA FROST, HOWARD M 5009 COPPERGLEN CIR COLLEYVILLE, TX KEISER, INGRID 5062 POST OAK TR COLLEYVILLE, TX HARMON, BRENT 5009 PRESERVATION AVE COLLEYVILLE, TX BABUL, SAJEED 5133 POST OAK TR COLLEYVILLE, TX COLE, JANICE B 5132 POST OAK TR COLLEYVILLE, TX BRADFORD TRUST 5005 COPPERGLEN CIR COLLEYVILLE, TX GRAPEVINE COLLEYVILLE, ISD 3051 IRA WOODS AVE E GRAPEVINE, TX MCCASKEY, SANFORD 5004 COPPERGLEN CIR COLLEYVILLE, TX HU, HUIMIN 3219 MAY ST FORT WORTH, TX MATHIS, CHRISTOPHER 5137 POST OAK TR COLLEYVILLE, TX WOLF, TRACY 3732 BUR OAK DR COLLEYVILLE, TX SIROTIYA, SANJEEV 3705 POST OAK TR COLLEYVILLE, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX THE GREENE FAMILY TRUST 3716 BUR OAK DR COLLEYVILLE, TX MATHIS, CHRISTOPHER WARREN 5137 POST OAK TR COLLEYVILLE, TX STEELE, TERRY W 3757 SHUMARD OAK LN COLLEYVILLE, TX XIAO, SHUNLIANG 3761 SHUMARD OAK LN COLLEYVILLE, TX KUEN I TANG TRUST 1204 LEAWOOD DR EDMOND, OK SOKHEY SIMREN S 5066 POST OAK TRL COLLEYVILLE, TX HUNG, SUSAN 3748 SHUMARD OAK LN COLLEYVILLE, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX AGRAWAL, RACHNA 3744 SHUMARD OAK LN COLLEYVILLE, TX LIVINGSTON, MARK 3720 BUR OAK DR COLLEYVILLE, TX ADAMS HOMES INC PO BOX 96223 SOUTHLAKE, TX SZABO, STEVE 5040 COPPERGLEN CIR COLLEYVILLE, TX CHITKARA, JAIDEEP 5114 HERITAGE OAKS DR COLLEYVILLE, TX COPPERGLEN HOA INC PO BOX 1901 COLLEYVILLE, TX CROUCH, PAUL 3704 BUR OAK DR COLLEYVILLE, TX BRILL, DONALD 4916 PRESTWICK DR COLLEYVILLE, TX ARMSTRONG, MELINDA 3712 BUR OAK DR COLLEYVILLE, TX PARHAM, VAN E 5013 AUBURNDALE AVE COLLEYVILLE, TX ZAFFOS, LAUREN 5101 AUBURNDALE AVE COLLEYVILLE, TX MAI, NGAN 5024 COPPERGLEN CIR COLLEYVILLE, TX WITTE, DAN 5036 COPPERGLEN CIR COLLEYVILLE, TX LAYER, DONNA J 5104 POST OAK TR COLLEYVILLE, TX BENDER, JEFFERY 5020 COPPERGLEN CIR COLLEYVILLE, TX ADAMS HOMES INC PO BOX 96223 SOUTHLAKE, TX COVENANT CHURCH 2660 E TRINITY MILLS RD CARROLLTON, TX RYAN PANNO HOMES INC PO BOX 217 COLLEYVILLE, TX PLEASANT GLADE BAPTIST CHURCH 3708 GLADE RD COLLEYVILLE, TX BIBEAU, GUY R 5052 COPPERGLEN CIR COLLEYVILLE, TX WHITE, KIMBERLY 6210 BURNHAM CIR COLLEYVILLE, TX HART, BILLY 5124 POST OAK TR COLLEYVILLE, TX PITTS, WALLACE J 3612 AMBERLEY CT COLLEYVILLE, TX O'SHELL, HOWARD C 5012 COPPERGLEN CIR COLLEYVILLE, TX CLARK, LINDA 5070 POST OAK TRL COLLEYVILLE, TX ROGERS, CHRISTOPHER 3724 BUR OAK DR COLLEYVILLE, TX ARNOLD, THOMAS A 5205 ROBERTS RD COLLEYVILLE, TX PRABHREET K SOKHEY RAISINGHANI 3768 SHUMARD OAK LN COLLEYVILLE, TX RODRIGUEZ, SARA 5032 COPPERGLEN CIR COLLEYVILLE, TX SARAVANAPERUMAL, SIVA 3760 SHUMARD OAK LN COLLEYVILLE, TX MCLAIN REVOCABLE TRUST 5017 AUBURNDALE AVE COLLEYVILLE, TX CHATUR, ZULFIKAR 5121 POST OAK TR COLLEYVILLE, TX VIRANI, AZIZ 5129 POST OAK TRL COLLEYVILLE, TX KOFFORD, KELLY REX 3777 SHUMARD OAK LN COLLEYVILLE, TX SCHNEIDER, JOHN 5028 COPPERGLEN CIR COLLEYVILLE, TX LEGATES, SHEILA 5128 POST OAK TR COLLEYVILLE, TX PRAZAK, JOHN B 5207 ROBERTS RD COLLEYVILLE, TX PATEL, BHARAT V 5309 ROBERTS RD COLLEYVILLE, TX SWINDELL LIVING TRUST 3769 SHUMARD OAK LN COLLEYVILLE, TX SIMBA LIVING TRUST 5102 HERITAGE OAKS DR COLLEYVILLE, TX PATEL, NEAL 5112 POST OAK TRL COLLEYVILLE, TX WEAKLEY, JERRY 5016 COPPERGLEN CIR COLLEYVILLE, TX BELL, RICHARD 5303 ROBERTS RD COLLEYVILLE, TX MOCK, WILLIAM 5142 POST OAK TR COLLEYVILLE, TX JIWANI, SHIFA 3765 SHUMARD OAK LN COLLEYVILLE, TX BRYANT, STEVEN W 5058 POST OAK TR COLLEYVILLE, TX BASSLER, DENNIS 5105 AUBURNDALE AVE COLLEYVILLE, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX BHAMANI, RUBINA SOHIL 3733 SHUMARD OAK LN COLLEYVILLE, TX BARATZ FAMILY TRUST 3708 BUR OAK DR COLLEYVILLE, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX WATTERS, JEROME 5120 POST OAK TRL COLLEYVILLE, TX COVENANT CHURCH 2660 E TRINITY MILLS RD CARROLLTON, TX SHETTY, SUDHIN 5132 CHINQUAPIN DR COLLEYVILLE, TX RAHAMAN, IBRAHIM 3772 SHUMARD OAK LN COLLEYVILLE, TX ANDRADE, ELIZABETH 5125 POST OAK TRL COLLEYVILLE, TX FAN, WEIPING 5136 CHINQUAPIN DR COLLEYVILLE, TX MDC-HERITAGE OAKS ESTATES LTD 545 E JOHN CARPENTER FWY IRVING, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX SOHN, TAESIK 3608 AMBERLEY CT COLLEYVILLE, TX PIRANI, SALIMA 5013 COPPERGLEN CIR COLLEYVILLE, TX SHALWANI, FEROZ 5009 AUBURNDALE AVE COLLEYVILLE, TX TANDON, NIDHI 5109 AUBURNDALE AVE COLLEYVILLE, TX MAXWELL, JASON 5113 AUBURNDALE AVE COLLEYVILLE, TX REINCE, KEVIN 5134 POST OAK TRL COLLEYVILLE, TX ANDRAE, RAYMOND R 3510 FOX MEADOWS DR COLLEYVILLE, TX SIMINSKI, JAMES THOMAS 5116 POST OAK TR COLLEYVILLE, TX MCLEOD, GARY 3700 BUR OAK DR COLLEYVILLE, TX SHABAY, PAUL 5108 POST OAK TR COLLEYVILLE, TX RYNN, ANDREW 3508 FOX MEADOW DR COLLEYVILLE, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX COPPERGLEN HOA INC PO BOX 1901 COLLEYVILLE, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX PRIMAS, MARVIN 2704 CLEARMEADOW ST BEDFORD, TX COLLEYVILLE ASSOC HERITAGE OAK 4760 PRESTON RD STE 244-238 FRISCO, TX RYAN PANNO HOMES INC PO BOX 217 COLLEYVILLE, TX RYAN PANNO HOMES INC PO BOX 217 COLLEYVILLE, TX RYAN PANNO HOMES INC PO BOX 217 COLLEYVILLE, TX RYAN PANNO HOMES INC PO BOX 217 COLLEYVILLE, TX RYAN PANNO HOMES INC PO BOX 217 COLLEYVILLE, TX ADAMS HOMES INC PO BOX 96223 SOUTHLAKE, TX ADAMS HOMES INC PO BOX 96223 SOUTHLAKE, TX ADAMS HOMES INC PO BOX 96223 SOUTHLAKE, TX ADAMS HOMES INC PO BOX 96223 SOUTHLAKE, TX ADAMS HOMES INC PO BOX 96223 SOUTHLAKE, TX ADAMS HOMES INC PO BOX 96223 SOUTHLAKE, TX COPPERGLEN ADDITION P.O. Box 323 COLLEYVILLE, TX WOODLAND HILLS (COLLEYVILLE)4100 Oxford Court COLLEYVILLE, TX CREEKSIDE 106 N Denton Tap Rd # 210-375 COPPELL, TX FOX MEADOWS ADDITION 5301 Bugle Lane COLLEYVILLE, TX HERITAGE GLEN ADDN-COLLEYVILLE 5105 Auburndale Avenue COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX Rachel & Richard Bell 5303 Roberts Rd Colleyville, TX 76034 214-354-4653 August 31, 2021 Re: Zoning Case ZC21-018 (garage doors) Dear Community Development Department and City Officials, Thank you for sending us information on the Public Hearing regarding amending the policy on garage dorr materials – Zoning Case ZC21-018. We live on Roberts Road, two houses down the street from Mr. Adams and Mr. Panno’s new housing development. We are so impressed with how aesthetically pleasing the new homes are along with how well the builders have handled the construction. It is exciting to see people begin to move in to these beautiful new homes. As homeowners in the immediate area, we are 100% in favor of revising the existing policy to allow the approved garage door building materials to include glass garage doors. If you drive by, you too will see how great these new homes look and how they elevate the perceived value of the homes around them. Thank you for working to keep Colleyville safe and beautiful. Best, Rachel & Richard Bell USPS and email copy sent to Ms. Reyff From:Ben Bryner To:Jackie Reyff; Dakari Hill Subject:FW: Glass doors and windows facing West Date:Wednesday, September 1, 2021 10:32:41 AM This just came in. From: Van Parham <> Sent: Wednesday, September 1, 2021 10:24 AM To: Jerry Ducay <JDucay@colleyville.com>; Mark Wood <MWood@colleyville.com>; Ben Bryner <BBryner@colleyville.com> Cc: Jordan McLain <> Subject: Glass doors and windows facing West August 31, 2021 Dear Mr Ducay, Mr. Wood and Mr Bryner, The property on Roberts road has placed glass Panel garage doors and front doors. This will make the homes very hot as my house also faces the exact direction.. You do not want to try to open a door after about 3 o'clock during the summer. All of the windows reflects the sun at different times a day due the the time the sun goes down. Even the windows reflect light like a person was trying to send a morse code signal to me in my backyard. This also changes daily and the time of day. The most alarming is the garage doors which are not to be placed due north per the building code that the builders chose not to adhere to. They actually need full closed panel insulated doors as we have to help with the tremendous heat from the sun. This would be a good reason to keep the current zoning for these homes. I have been on the Planning and Zoning committee in the past and realize why this committee is so valuable to the city. The zoning sometimes need to be changed if it makes something better. The garage doors and their glare especially when the 4 panels go up and down during operation do not make for a case to change zoning. Therefore I hope. along with our entire neighborhood that you do not change the zoning as it will not make the property better. Please make the builders adhere to the present zoning that they agreed to when they received the permits from the city to build. Thank you for serving on the P & Z committee as it is much needed to make Colleyville better. I have also enclosed a photo to show the flood lights on for the soccer field and a couple of dormer windows on the homes to show the normal daily reflection of just the windows, not the large glass garage doors Van E. Parham, Jr. DDS. FAGD President Heritage Glen (HOA) From:Ben Bryner To:Jackie Reyff; Dakari Hill Subject:FW: Zoning Case: ZC21-018 Date:Thursday, September 2, 2021 10:44:19 AM This just came in… From: Pam <> Sent: Thursday, September 2, 2021 10:43 AM To: Jerry Ducay <JDucay@colleyville.com>; Mark Wood <MWood@colleyville.com>; Ben Bryner <BBryner@colleyville.com> Subject: Zoning Case: ZC21-018 Dear Colleyville Planning and Zoning Commission, We (Dennis and Pam Bassler) live at 5015 Auburndale Avenue. We are unable to attend the meeting on September 13, 2021; however, we want to have our opinions noted regarding the glass garage doors across the field from us on Roberts Road. We have witnessed flashes of very bright light coming into our row of houses which are directly across from the houses on Roberts Road when the sun hits the glass as the garage doors go up and down. Our backyard has trees with leaves currently blocking most of those flashes, but as the leaves drop from the trees, we will get more flashes of light into our house. Please consider this situation and help resolve it for those of us who live across from the houses in question. Thank you for your help. I am sure that there is a mutually agreeable way to solve this issue for the safety of everyone involved. Dennis and Pam Bassler 5105 Auburndale Avenue, Colleyville 1 Ben Bryner Subject:RE: Roberts Road - Zoning Case: ZC21-018 From: Jordan McLain < > Sent: Sunday, September 26, 2021 5:23 PM To: Ben Bryner <BBryner@colleyville.com> Cc: Van Parham < >; badams1977@msn.com; ryan@ryanhomesdfw.com Subject: Roberts Road ‐ Zoning Case: ZC21‐018 Ben, As discussed in the Planning and Zoning meeting, Bryan Adams had the proposed anti-glare film installed on one of the garage doors facing us. After a few days of watching, I have seen that the film totally solves the glare issue. Additionally, I cannot tell which garage door has the film, unless I am up close. The only way I can tell is that I can see my reflection slightly on a door without the film when I walk close to one of the homes. In my opinion, this is an excellent solution, as it solves any glare concerns and is practically unnoticeable. Thank you, Jordan Mclain ORDINANCE O-21-2174 AMENDING ORDINANCE O-15-1964 CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance O-15-1964 on September 15, 2015, to grant a rezoning request from the AG Agricultural district to the PUD-R Planned Unit Development – Residential district on 2.60 acres located at 5101 – 5145 Roberts Road, under Case ZC15-011; and WHEREAS, the applicant has requested an amendment to Ordinance O- 15-1964 to amend Section 2.e. to allow for glass as an acceptable building material for garage doors; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and State law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 5101-5145 Roberts Road, Planned Unit Development- Residential Zoning District, as depicted in the attached Exhibit “B”. Ordinance O-21-2174 Page 2 of 3 Sec. 2. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 3. THAT the above described tract of land shall be subject to the following conditions: 1.General a. The following amendments to Ordinance O-15-1964 are hereby authorized: i. Section 2.e. of Ordinance O-15-1964 is hereby amended to ‘Homes shall feature all glass garage doors. Glass type shall be frosted.’ Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of October 2021. Ordinance O-21-2174 Page 3 of 3 The second reading and public hearing being conducted on the 19th day of October 2021. APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 19TH DAY OF OCTOBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Building Elevations From: Ryan Homes <ryan@ryanhomesdfw.com> Sent: Thursday, October 21, 2021 11:03 AM To: Jerry Ducay <JDucay@colleyville.com>; Ben Bryner <BBryner@colleyville.com> Cc: Brian Adams Subject: Villas at Windsor Steele PUD Jerry and Ben, We have discussed all of the options with the 6 homeowners of the occupied homes in the development and would like to proceed with changing the garage doors to the model shown in the attachment. These doors are an equally quality product that will stand up to the western exposure of these homes. We believe these doors comply with the current PUD language and as such we would like to request that our application for a PUD amendment be withdrawn. This consensus was reached out of concern regarding owner maintenance of the applied film on each individual door as well as the ongoing cost to maintain the additional landscaping for an HOA with only 12 homes. The lead time for these doors is 8-10 weeks and we will have them installed on each home as quickly as they arrive. Please confirm the withdrawal of our PUD amendment so that we may expedite the ordering of these replacement doors. Regards, Ryan Panno Brian Adams Withdrawal Email - October 21, 2021 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7a Agenda Date 11/1/2021 Number Resolution R-21-4666 Type Resolution Department Community Development Title Consideration of a Minor Plat with a Plat Waiver for Street Frontage for Tract 2LL, Abstract 1248, Thomas J Polson Survey, located at 4813 Ford Court, Case PC21-015 Strategic Plan 4.1 Protect Colleyville's semi-rural residential character Explanation Reading and Public Hearing Derek Tuttle, the applicant, has submitted a request for a Minor Plat with Plat Waiver for Street Frontage for Lot 1, Block 1, Tuttle Addition, being Tract 2LL, Abstract 1248, Thomas J. Polson Survey; being approximately 2.07 acres; and zoned R-40 Single Family Residential. The purpose is to plat the lot for the development of a new single- family home. Existing Conditions/Background: The subject property, 4813 Ford Court, is located north of Black Drive off a private drive called Ford Court. The property has existed since the 1970s in this configuration where access is off Ford Court, which is a private access easement. This property does not have any street frontage and is requesting a Plat Waiver. Proposed Zoning: Request– The applicant requests to plat the property with a Plat Waiver for Street Frontage. The minimum standards for the R-40 zoning district are as follows: Minimum Lot Size 40,000 sf. 93,218 sf. Minimum Lot Width 150 feet 200 feet Minimum Lot Depth 150 feet 394 feet Front Building Line 40 feet Side Building Line 15 feet Rear Building Line 25 feet Max. Lot Coverage 20% Max. Impervious Coverage 50% Surrounding Development: The properties to the north, east and west are zoned R- 40 Single Family Residential and improved with single-family homes. The properties City Council Agenda Briefing 7a City of Colleyville Page 2 located to the south are zoned R-20 Single Family Residential and are improved with single-family homes. Analysis: The proposed lot is compatible with the R-40 zoning district. The Plat Waiver for street frontage would allow the property to meet the intent of the City’s Comprehensive Master Plan. Plat Status: The property is currently unplatted. DRC Review: The DRC met on September 20th and offered the following comments to the applicant: 1. Along the side lot lines provide 7.5’ easements, a 16’ easement along the rear property line, and 7.5’ easement along the front property line. 2. Refer to the plat as Lot 1, Block 1, Tuttle Addition and include in the title block. 3. Include the lot area in acres and square feet on the plat. 4. Remove Staff Signature Block and replace with Planning and Zoning Commission and City Council Signature Blocks. 5. Provide a purpose statement. DRC Comments - September 28, 2021: 1. Along the front property line, provide a 7.5’ easement. 2. Include the lot area in acres and square feet on the plat where the lot is located. Tree Preservation: Any subdivision of the subject property must comply with Chapter 5 (Urban Forestry) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued which is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star- Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends approval of the Minor Plat with Plat Waiver for Street Frontage. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the plat with plat waiver at their October 11, 2021, meeting by a vote of 7-0. Financial Impact City Council Agenda Briefing 7a City of Colleyville Page 3 There is no financial impact to the City. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Minor Plat 6.Site Plan 7.Notification Map 8.Property Owner Notification 9.Notify List 10.Resolution R-21-4666 4800 304 4609 4712 405 4804 4605 4911 210 301 412 4608 304 4805 207 317 4703 4604 200 300 312 2305 4910 4915 313309 405 4603 400 4813 4809 305 4912 4607 4602 208 4602 204 4700 200 4908 4620 4605 202 4606 204 500 4800 4607 4912 4909 308 4804 4603 4604 300 206 305 4906 509 201 401 4600 4704508 624 4812 308 628 208 5016 601 4616 206 210 4602 4912 4913 4812 301 601 4808 633 1880 4816 4910 4701 313 409 4701 4708 701 4501 4532 309 203 204 212 4807 4601 4516 5519 5519 205 4914 302 101 4811 4609 504 303 GL A DE ROA D MAPLEWOOD TRAIL CREEKVIEWLANEMAPLEWOOD TRAILMILLWOOD DRIV E CENTERPARKDRIVE COLLEYVILLE BOULEVARDBLACK D RIVEBLACKCOURT BRANSFORDROADMILLWOOD COURT FORD COURTAerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC21-015 K4813 Ford Court Subject Property Sales Tax Preferred Intersection 4800 304 4609 4712 405 4804 4605 4911 210 301 412 4608 304 4805 207 317 4703 4604 200 300 312 2305 4910 4915 313309 405 4603 400 4813 4809 305 4912 4607 4602 208 4602 204 4700 200 4908 4620 4605 202 4606 204 500 4800 4607 4912 4909 308 4804 4603 4604 300 206 305 4906 509 201 401 4600 4704508 624 4812 308 628 208 5016 601 4616 206 210 4602 4912 4913 4812 301 601 4808 633 1880 4816 4910 4701 313 409 4701 4708 701 4501 4532 309 203 204 212 4807 4601 4516 55195519 205 4914 302 101 4811 4609 504 303 GL A DE ROA D MAPLEWOOD TRAIL CREEKVIEWLANEMAPLEWOOD TRAILMILLWOOD DRIV E CENTERPARKDRIVE COLLEYVILLE BOULEVARDBLACK D RIVEBLACKCOURT BRANSFORDROADMILLWOOD COURT FORD COURTR-MF CC-1R-20 PU D-R CC-2 PU D-R R-20 R-20 R-40 CC-2 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC21-015 K4813 Ford Court Subject Property Sales Tax Preferred Intersection 4800 304 4609 405 4804 4605 301 412 4608 304 4703 4604 300 312 313309 405 400 4813 305 46024602 4700 4620 4606 500 4607 308 4603 4604 300 305 509 4600 4704508 308 601 4616 210 4602 4912 4812 601 4701 409 4701 4708 4532 5519 5519302 504 303 MAPLEWOOD T RAIL GL A DE R O A D BLACK D RIVE MILLWOODDRIVEBRANSFORD ROADCENTERPARKDRIVEFORD COURTFuture Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC21-015 K4813 Ford Court Subject Property Sales Tax Preferred Intersection Residential Colleyville Blvd Corridor STRAND 10003 TECHNOLOGY BLVD WEST | DALLAS TEXAS 75220 | 972 620 8204 | STRANDAE.COM 13 September 2021 Statement of Planning Objective The current residence at 4813 Ford Court was built in 1977 and has an area of 2.07 acres. Currently, the property has zero frontage but does utilize an access easement with 508 Black Drive. The applicant’s intent for the property is to demolish the existing home and detached garage and upgrade the land. The applicant plans on partnering with the owner of 508 Black Drive to upgrade the access easement road and add landscaping. The new single-family building will be a 4-bedroom, 4,406 SF home. The home will be placed at the rear of the lot which will allow room for a retention pond on site. The pond will be used for stormwater quality and quantity purposes. The pond will help mitigate existing lot to lot drainage issues and help reduce the flow of water at the discharge point. The applicant does have a signed drainage agreement letter with the owners of 4708 Bransford Rd. The land will include landscaping and a pedestrian path for the family around the property. Sincerely, Carlos Casas, PE Senior Project Manager Strand Systems Engineering Carlos Casas LOT 1, BLOCK 1 CIMONETTI ADDITION INST. NO. D215175096 P.R.T.C.T. LOT 2, BLOCK 1 CIMONETTI ADDITION INST. NO. D215175096 P.R.T.C.T. LOT 1, BLOCK 1 NICOL ADDITION VOL. 388-135, PG. 19 P.R.T.C.T. LOT 1, BLOCK 1 STEPHENS ADDITION VOL. 388-164, PG. 20 P.R.T.C.T. LOT 1, BLOCK 1 DIAZ ADDITION CAB. A, SL. 11746 P.R.T.C.T. LOT 1, BLOCK 1 GODWIN ADDITION CAB. A, SL. 6057 P.R.T.C.T. NORRIS AND ANN WARD FAMILY TRUST INST. NO. D217045059 D.R.T.C.T. PAUL DOUGLAS ARRINGTON & CANDY LYNN ARRINGTON, HUSBAND AND WIFE INST. NO. D218096325 D.R.T.C.T. HERMAN L. SMITH ESTATE VOL. 6960, PG. 2241 D.R.T.C.T. N89°26'37"E 211.27'S05°28'14"E 408.39'N01°08'10"W 176.26'CALLED: N87°47'42"W 239.96' FOUND:CALLED: N01°34'07"W 395.27'FOUND:CALLED: N89°23'55"E 211.28' FOUND:CALLED: S05°31'33"W 408.47'FOUND:BLACK DRIVE 50' R.O.W. LOT 1, BLOCK1 TUTTLE ADDITION 207 ACRES, 90,169.2 SQUARE FEET R. DEREK TUTTLE AND CECILIA KATHLEEN TUTTLE INST. NO. D221123139 O.P.R.T.C.T. POINT OF BEGINNING N01°34'49"W 395.24'N87°46'21"W 239.47'30' ACCESS EASEMENT PERVOL. 13072, PG. 94 D.R.T.C.T.(KNOWN AS FORD COURT)7.5' DRAINAGE AND UTILITY EASEMENT 7.5' DRAINAGE AND UTILITY EASEMENT 16' DRAINAGE AND UTILITY EASEMENT 7.5' DRAINAGE AND UTILITY EASE M E N T DRAWN BY: L.X.N. DATE: 09/10/2021 CHECKED BY: M.J.K. JOB NO.: 2125447 MINOR PLAT LOT 1, BLOCK 1 TUTTLE ADDITION 90,169.2 Sq.Ft. OR 2.07 ACRES OUT OF THE THOMAS J. POULSON SURVEY, ABSTRACT NUMBER 1248 SURVEYOR'S NOTES: 1.Bearings and distances are based on Texas State Plane Coordinate System, Texas North Central Zone 4202 North American Datum of 1983 (NAD 83) (U.S. Foot) with no combined scale factor. 2.This property lies within Zone "X" of the Flood Insurance Rate Map for Tarrant County, Texas and Incorporated Areas, map no. 48439C0095K, dated September 25, 2009, via scaled map location and graphic plotting. 3.Notice: Selling a portion of this addition by metes and bounds is a violation of City subdivision ordinance and state platting statutes and is subject to fines and withholding of utilities and building certificates. 4.Street Frontage Waiver for 4813 Ford Court made part of this submittal. 5.Purpose of this plat is to meet the city requirements for permitting. VICINITY MAP NOT TO SCALE STATE OF TEXAS § COUNTY OF TARRANT § This is to certify that I, TRAVIS E. CLEMENT, a Registered Professional Land Surveyor of the State of Texas, have platted the subdivision from an actual survey on the ground, and that this plat correctly represents that survey made by me or under my direction and supervision. STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared TRAVIS E. CLEMENT, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________day of ______________________ 20____. ___________________________________ Notary Public in and for the State of Texas SCALE: 1" = 40' 40'0 20'40'80' ROW - RIGHT-OF-WAY CM - CONTROLLING MONUMENT IRF - IRON ROD FOUND BOUNDARY ADJOINER EASEMENT BUILDING SETBACK IPF -IRON PIPE FOUND IRS -IRON ROD SET D.R.T.C.T. - DEED RECORDS TARRANT COUNTY TEXAS P.R.T.C.T. - PUBLIC RECORDS TARRANT COUNTY TEXAS O.P.R.T.C.T. - OFFICIAL PUBLIC RECORDS TARRANT COUNTY TEXAS PLANNING AND ZONING COMMISSION APPROVAL: WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this ________ day of ___________________,2021, to approve this Plat. _____________________________________________________________ Chairman, Planning and Zoning Commission DATE _____________________________________________________________ Attest: Secretary, Planning and Zoning Commission DATE CITY COUNCIL APPROVAL: WHEREAS The City Council of the City of Colleyville, Texas voted affirmatively on this ________ day of ___________________,2021, to approve this Plat. _____________________________________________________________ Mayor, City of Colleyville DATE _____________________________________________________________ Attest: City Secretary DATE DEDICATION CERTIFICATE: WHEREAS, R. Derek Tuttle and, Cecilia Kathleen Tuttle, are the owners of a tract of land situated in the Thomas J. Poulson Survey, Abstract No. 1248, Tarrant County, Texas, being known as Tract 1, and being out of a 43,560 square foot or 2.07 acre tract conveyed to them by Instrument No. D221123139 Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows: Tract 1: BEGINNING at a 1/2 inch iron rod stamped "MOAK" found for the Northwest corner of Lot 1 Block 1 , Cimonetti Addition, Instrument No. D215175096, Public Records, Tarrant County, Texas, (P.R.T.C.T.); THENCE North 01°34'49" West, a distance of 395.24 feet to a 1/2" iron rod found for the Southwest corner of Norris and Ann Ward Family Trust, Instrument No. D217045059, (D.R.T.C.T.); THENCE North 89°26'37" East, a distance of 211.27 feet to an iron rod stamped "STRAND" set for the Southeast corner of said Ward Family Trust; THENCE South 05°28'14" East, a distance of 408.39 feet to a 5/8 inch iron rod found at the Northeast corner of Lot 2, Block 1, Cimonetti Addition, D21517096 (P.R.T.C.T.) and the Northeast corner of a 30 foot access easement to Lot 1, Block 1, Tuttle Addition THENCE North 87°46'21" West, a distance of 239.47 feet to the POINT OF BEGINNING. NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That we, R. Derek Tuttle and Cecilia Kathleen Tuttle, owners, do hereby adopt this plat designating the hereinbefore described property as Tuttle Addition and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with construction, maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any tho,e of procuring the permission of anyone. this plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Witness our hand this____________________ day of __________,20___. _______________________________________________________________________________ R. Derek Tuttle Cecilia Kathleen Tuttle STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared R. Derek Tuttle, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________day of ______________________ 20____. ___________________________________ Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Cecilia Kathleen Tuttle, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________day of ______________________ 20____. ___________________________________ Notary Public in and for the State of Texas OWNER R. DEREK TUTTLE 10501 Sparkman Road Dallas, Texas, 75220 SITE PRELIMINARY ENGINEER (972) 620-8204 Dallas, Tx. 75220 10003 Technology Blvd. West STRAND AE ////////////////////////////////////////////////////////25' SETBACK 15' SETBACK40' SETBACK 15' SETBACK10003 TECHNOLOGY BLVD. WEST DALLAS, TX 75220 972-620-8204 REGISTRATION NO: F-1629 R Know what's below.Call before you dig. CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. N SS W 0 SCALE: 1" = 20 20 40 20'H:\Survey-Civil\_2021 Projects\2125447 - Derek Tuttle Property\Design\C3 - SITE-LAYOUT.dwg, C3 - SITE LAYOUT, 9/13/2021 1:42:04 PM GL A DE R O A D BRANSFORDROADMAPLEWOOD TRAILSHADOWOOD ROADMILLWOODDRIVESHADOWOOD TRAILCREEKVIEWLANEBLACK D RIVEBLACK COURTCOLLEYVILLE BOULEVARDMILLW OOD COURT CENTERPARKDRIVEFORD COURTLL O Y D CIR CL E Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC21-015 K4813 Ford Court Subject Property 500ft Buffer Properties within 500ft Sales Tax Preferred Intersection NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, October 11, 2021 at 7:00 p.m. City Council Meetings: Tuesday, November 2, 2021 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Minor Plat with a plat waiver for street frontage for Tract 2LL, Abstract 1248, Thomas J Polson Survey. The purpose of the request is to allow for the construction of a new home, upgrade the access easement, and add landscaping. Zoning Case:PC21-015 Applicant:Derek Tuttle Owner: Derek Tuttle Location:4813 Ford Court Property Description:Tract 2LL, Abstract 1248, Thomas J Polson Survey Present Zoning:R-40 Single Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City LEPARD-CAMPBELL, AMY 4800 BRANSFORD RD COLLEYVILLE, TX BARKER, TILLMON EARL 304 GLADE RD COLLEYVILLE, TX SMITH, BRANDY M 405 BLACK DR COLLEYVILLE, TX TRAN, TAI 4804 BRANSFORD RD COLLEYVILLE, TX KEELING, ALFRED 412 GLADE RD COLLEYVILLE, TX EDWARDS, CHARLES RAY 304 BLACK DR COLLEYVILLE, TX VAIL, BENJAMIN 4703 MILL WOOD DR COLLEYVILLE, TX LORD, LEYLA 312 BLACK DR COLLEYVILLE, TX EDWARDS, HELEN L 313 GLADE RD COLLEYVILLE, TX WHITTLE, STEVE D 309 GLADE RD COLLEYVILLE, TX ARRINGTON, PAUL 405 GLADE RD COLLEYVILLE, TX SMITH, HERMAN L EST 129 LITTLE RIVER RD MABANK, TX TUTTLE, R 4813 FORD CT COLLEYVILLE, TX MCNUTT, VALERIE 305 GLADE RD COLLEYVILLE, TX FODDRILL, KYLE 500 BLACK DR COLLEYVILLE, TX CHANDLER, BRIAN 6205 EMMAS CT COLLEYVILLE, TX BRANSFORD PROPERTY LLC 1900 BRUMLOW AVE SOUTHLAKE, TX PENNINGTON, LELAND 300 BLACK DR COLLEYVILLE, TX CAMPBELL, AMY 305 BLACK DR COLLEYVILLE, TX LAWLER LIVING TRUST 509 BLACK DR COLLEYVILLE, TX MOUSSA, MICHAEL R 142 ARBOR GLEN DR EULESS, TX CORSE, BRANDON 106 MILL CROSSING E COLLEYVILLE, TX LUNDSBERG, CHRISTIAN 308 BLACK DR COLLEYVILLE, TX GRAPEVINE COLLEYVILLE, ISD 3051 IRA WOODS AVE E GRAPEVINE, TX RARE VENTURES 2 LLC 500 E MAIN ST CROWLEY, TX OLIVER, SUSAN M 4812 BRANSFORD RD COLLEYVILLE, TX GRAPEVINE COLLEYVILLE, ISD 3051 IRA WOODS AVE E GRAPEVINE, TX MORRISON, VICTOR 4701 MILL WOOD DR COLLEYVILLE, TX NORRIS & ANN WARD FAMILY TRUST 409 GLADE RD COLLEYVILLE, TX KRIVSKY-BARTUSIAK INC 3220 CLEAR FORK DR HURST, TX STEPHENS, TERRY L 4708 BRANSFORD RD COLLEYVILLE, TX AHLERS, DOUGLAS 302 GLADE RD COLLEYVILLE, TX PETTIBON, MICHAEL D 504 BLACK DR COLLEYVILLE, TX WILLS, RONALD 500 BLACK DR COLLEYVILLE, TX SHADOWOOD TRAIL CONDOMINIUMS 4113 GATEWAY DRIVE #100 COLLEYVILLE, TX CAMBRIDGE PLACE - COLLEYVILLE 821 CREEKVIEW LANE COLLEYVILLE, TX MILL CREEK ADDN-COLLEYVILLE COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX RESOLUTION R-21-4666 A RESOLUTION APPROVING A REPLAT FOR LOT 1, BLOCK 1, TUTTLE ADDITION WHEREAS,the Planning and Zoning Commission recommended approval of the Minor Plat with Plat Waiver for Street Frontage for Lot 1, Block A, Tuttle Addition, on October 11, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Minor Plat with Plat Waiver for Street Frontage, for Lot 1, Block 1, Tuttle Addition on approximately 2.07 acres, attached as Exhibit “A" - Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 1ST DAY OF NOVEMBER 2021. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson ATTEST: CITY OF COLLEYVILLE Angela Larson Richard Newton Assistant City Secretary Mayor Exhibit “A” - Plat Exhibit City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7b Agenda Date 11/1/2021 Number Resolution R-21-4667 Type Resolution Department City Attorney Title A resolution approving the City's participation in the state of Texas' Opioid Litigation Settlement and adopting the Texas Term Sheet Strategic Plan 1.1 Actively involve and engage stakeholders Explanation Reading and Public Hearing This resolution would confirm the City’s participation in the state of Texas’ Opioid Litigation Settlement. If the City elects to participate in the settlement, it would be allocated approximately $46,049.00, which may be used in the City’s discretion to mitigate the effects of opioids in the local community in conformance with the Texas Term Sheet attached as Exhibit "A" to the resolution. A summary of the litigation is provided below and additional information is attached to this briefing. After years of negotiations, two proposed nationwide settlement agreements ("Settlements") have been reached which would resolve all opioid litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors, McKesson, Cardinal Health, and AmerisourceBergen ("Distributors"), and one manufacturer, Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson (collectively, "Janssen"). The proposed Settlements require the Distributors and Janssen to pay billions of dollars to abate the opioid epidemic. Specifically, the Settlements require the Distributors to pay up to $21 billion over 18 years and Janssen to pay up to $5 billion over no more than nine years, for a total of $26 billion (the "Settlement Amount"). Of the Settlement Amount, approximately $22.7 billion is earmarked for use by participating states and subdivisions to remediate and abate the impacts of the opioid crisis. The Settlements also contain injunctive relief provisions governing the opioid marketing, sale and distribution practices at the heart of the states' and subdivisions' lawsuits and further require the Distributors to implement additional safeguards to prevent diversion of prescription opioids. Each subdivision in the state of Texas must decide whether to participate in the Settlement. City Council Agenda Briefing 7b City of Colleyville Page 2 Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Summary of Proposed Opioid Settlements 2.Resolution R-21-4667 SUMMARY OF PROPOSED OPIOID SETTLEMENTS SUMMARY OF PROPOSED OPIOID SETTLEMENTS BACKGROUND Texas, along with a broad coalition of states and subdivisions, has reached fnal agreements with four companies to resolve legal claims against for their role in the opioid crisis. One agreement is with opioid manufacturer Johnson & Johnson. The other is three major pharmaceutical distributors: AmerisourceBergen, Cardinal Health, and McKesson. FINANCIAL TERMS The two agreements provide for $26 billion in payments over 18 years, with $23.9 billion available for opioid abatement and signifcant amounts front loaded. Funding will be distributed to states according to the allocation agreement reached among the Attorneys General. Subdivisions can only participate in the agreement if their state participates. Texas’ combined share is almost $1.5 billion: $1.17 billion from the distributors and $268 million from J&J. Distribution within Texas is handled through an intrastate agreement between the state and litigating subdivisions. The funding must be used to support any of a wide variety of strategies to fght the opioid crisis. Separate provisions exist to compensate attorneys who have pursued opioid litigation on behalf of states and local governments. Once the state agrees to participate, then the more subdivisions that join, the more money everyone in Texas will receive. Future opioid litigation may result in suspension and reduction of payments. Even without full resolution of claims, states and subdivisions can still receive substantial payments by resolving a signifcant portion of current and future claims. INJUNCTIVE TERMS Both agreements both contain industry-changing injunctive terms. The distributors will be subject to more oversight and accountability, including an independent monitor, to prevent deliveries of opioids to pharmacies where diversion and misuse occur. They will be required to establish and fund an independent clearinghouse to track opioid distribution nationwide and fag suspicious orders. J&J will be prohibited from selling or promoting opioids. HOW TO JOIN To adopt the settlement and allocation schedule, you need to: 1. sign the Subdivision Settlement Participation Form; 2. adopt the Texas Term Sheet and its intrastate allocation schedule; 3. return both to opioids@oag.texas.gov . The deadline for states to sign on is August 21, 2021. Subdivisions in participating states then have through January 2, 2022, to join. FOR MORE INFORMATION, PLEASE VISIT: www.texasattorneygeneral.gov/globalopioidsettlement RESOLUTION R-21-4667 A RESOLUTION APPROVING THE CITY’S PARTICIPATION IN THE STATE OF TEXAS’ OPIOID LITIGATION SETTLEMENT; ADOPTING THE TEXAS TERM SHEET REGARDING THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville obtained information indicating certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, “Defendants”) have engaged in fraudulent and/or reckless marketing and/or distribution of opioids that have resulted in addictions and overdoses; and WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs to the City; and WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit “A”; and WHEREAS, Special Counsel and the State of Texas have recommended that the Colleyville City Council support the adoption and approval the Texas Term Sheet in its entirety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council supports the adoption and approval the Texas Term Sheet attached hereto as Exhibit “A”, in its entirety. Sec. 2. THAT the City Council finds there is a substantial need for repayment of opioid-related expenditures and payment to abate opioid-related harms that have adversely affected our community; Sec. 3. THAT the City Council supports in its entirety and hereby adopts the allocation method for opioid settlement proceeds as set forth in Exhibit “A”. The City Council understands the Resolution R-21-4667 Page 2 of 2 purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants as defined therein. We also understand an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic in this City and throughout Texas. Sec. 4. THAT this Resolution shall be effective immediately upon passage. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 1ST DAY OF NOVEMBER 2021. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Angela Larson Richard Newton Assistant City Secretary Mayor 1 TEXAS OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET WHEREAS, the people of the State of Texas and its communities have been harmed through the National and Statewide epidemic caused by licit and illicit opioid use and distribution within the State of Texas; and now, WHEREAS, the State of Texas, though its elected representatives and counsel, including the Honorable Ken Paxton, Attorney General of the State of Texas, and certain Political Subdivisions, through their elected representatives and counsel, are separately engaged in litigation seeking to hold those enti ties in the supply chain accountable for the damage caused; and now, WHEREAS, the State of Texas, through its Attorney General and its Political Subdivisions, share a common desire to abate and alleviate the impacts of the epidemic throughout the State of Texas; and now, THEREFORE, the State of Texas and its Political Subdivisions, subject to completing formal documents effectuating the Parties’ agreements, enter into this State of Texas and Texas Political Subdivisions’ Opioid Abatement Fund Council and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation and use of the proceeds of any Settlements as described. A. Definitions As used in this Texas Term Sheet: EXHIBIT A - TEXAS TERM SHEET 2 1. “The State” shall mean the State of Texas acting through its Attorney General. 2. “Political Subdivision(s)” shall mean any Texas municipality and county. 3. “The Parties” shall mean the State of Texas, the Political Subdivisions, and the Plaintiffs’ Steering Committee and Liaison Counsel (PSC) in the Texas Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018 -63587, in the 152d District Court of Harris County, Texas. 4. “Litigating Political Subdivision” means a Political Subdivision that filed suit in the state courts of the State of Texas prior to the Execution Date of this Agreement, whether or not such case was transferred to Texas Opioid MDL, or removed to federal court. 5. “National Fund” shall mean any nati onal fund established for the benefit of the Texas Political Subdivisions. In no event shall any National Fund be used to create federal jurisdiction, equitable or otherwise, over the Texas Political Subdivisions or those similarly situated state -court litigants who are included in the state coalition, nor shall the National Fund require participating in a class action or signing a participation agreement as part of the criteria for participating in the National Fund. 6. “Negotiating Committee” shall mean a three-member group comprising four representatives for each of (1) the State; (2) the PSC; and (3) Texas’ 3 Political Subdivisions (collectively, “Members”). The State shall be represented by the Texas Attorney General or his designees. The PSC shall be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan Downey, or their designees. Texas’ Political Subdivisions shall be represented by Clay Jenkins (Dallas County Judge), Terrence O’Rourke (Special Assistant County Attorney, Harris County), Nelson Wolff (Bexar County Judge), and Nathaniel Moran (Smith County Judge) or their designees. 7. “Settlement” shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant that includes the State and Political Subdivisions. 8. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as defined in this Texas Term Sheet. 8. “Approved Purpose(s)” shall mean those uses identified in Exhibit A hereto. 9. “Pharmaceutical Supply Chain” shall mean the process and channels through which opioids or opioids products are manufactured, marketed, promoted, distributed, or dispensed. 4 10. “Pharmaceutical Supply Chain Participant” shall m ean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. 11. “Texas Opioid Council” shall mean the Council described in Exhibit A hereto, which has the purpose of ensuring the funds recovered by Texas (through the joint actions of the Attorney General and the Texas Political Subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost -effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. B. Allocation of Settlement Proceeds 1. All Opioid Funds distributed in Texas shall be divided with 15% going to Political Subdivisions (“Subdivision Share”), 70% to the Texas Opioid Abatement Fund through the Texas Opioid Council (Texas Abatement Fund Share) identified and described on Exhibits A and C hereto, and 15% to the Office of the Texas Attorney General as Counsel for the State of Texas (“State Share”). Out of the Texas Opioid Abatement Fund, reasonable expenses up to 1% shall be paid to the Texas Comptroller for the administration of the Texas Opioid Council pursuant to the Opioid 5 Abatement Fund (Texas Settlement) Opi oid Council Agreement, Exhibit A hereto. 2. The Subdivisions Share shall be allocated in accordance with the division of proceeds on Exhibit B hereto. 3. The Texas Abatement Fund Share shall be allocated to the Opioid Council to be apportioned in accordance with the guidelines of Exhibit A, and Exhibit C hereto. 4. In the event a Subdivision merges, dissolves, or ceases to exist, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably based on the composition of the successor Subdivision. If a Subdivision for any reason is excluded from a specific settlement, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably among the participating Subdivisions. 5. Funds obtained from parties unrelated to the Litigation, via grant, bequest, gift or the like, separate and distinct from the Litigation, may be directed to the Texas Opioid Council and disbursed as set forth below. 6. The Subdivision share shall be initially deposited and paid in cash directly to the Subdivision under the authority and guidance of the Texas MDL Court, who shall direct any Settlement funds to be held in trust in a 6 segregated account to benefit the Subdivisions and to be promptly distributed as set forth herein and in accordance with Exhibit B. 7. Nothing in this Texas Term Sheet should alter or change any Subdivision’s rights to pursue its own claim. Rather, the intent of this Texas Term Sheet is to join all parties to disburse settlement proceeds from one or more defendants to all parties participating in that settlement within Texas. 8. Opioid Funds from the Texas Abatement Fund Share shall be directed to the Texas Opioid Council and used in accordance with the guidelines as set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be distributed to the Texas Opioid Council under the authority and guidance of the Texas MDL Court, consistent with Exhibits A and C, and the by- laws of the Texas Opioid Council documents and disbursed as set forth therein, including without limitation all abatement funds and the 1% holdback for expenses. 9. The State of Texas and the Political Subdivisions understand and acknowledge that additional steps may need to be undertaken to assist the Texas Opioid Council in its mission, at a predictable level of funding, regardless of external factors. C. Payment of Counsel and Litigation Expenses 7 1. Any Master Settlement Agreement settlement will govern the payment of fees and litigation expenses to the Parties. The Parties agree to direct control of any Texas Political Subdivision fees and expenses to the “Texas Opioid Fee and Expense Fund,” which shall be allocated and distributed by the Texas MDL Court, In re: Texas Opioid Litigation, MDL No. 2018 - 63587, in the 152nd District Court of Harris County, Texas, and with the intent to compensate all counsel for Texas Political Subdivisions who have not chosen to otherwise seek compensation for fees and expenses from any federal MDL common benefit fund. 2. The Parties agree that no portion of the State of Texas 15% allocation share from any settlement shall be administered through the National Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund, but shall be directed for payment to the State of Texas by the State of Texas. 3. The State of Texas and the Texas Political Subdivisions, and their respective attorneys, agree that all fees – whether contingent, hourly, fixed or otherwise – owed by the Texas Political Subdivisions shall be paid out of the National Fund or as otherwise provided for herein to the Texas Opioid Fee and Expense Fund to be distributed by the 152nd 8 District Court of Harris County, Texas pursuant to its past and future orders. 4. From any opioid-related settlements with McKesson, Cardinal Health, ABDC, and Johnson & Johnson, and for any future opioid-related settlements negotiated, in whole or in part, by the Negotiating Committee with any other Pharmaceutical Supply Chain Participant, the funds to be deposited in the Texas Opioid Fee and Expense Fund shall be 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of each payment (annual or otherwise) to the State of Texas for that settlement, plus expenses from the National Fund, and shall be sought by Texas Political Subdivision Counsel initially through the National Fund. The Texas Political Subdivisions’ percentage share of fees and expenses from the National Fund shall be directed to the Texas Opioid Fee and Expense Fund in the Texas MDL, as soon as is practical, for allocation and distribution in accordance with the guidelines herein. 5. If the National Fund share to the Texas Political Subdivisions is insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, per subsection 4, immediately supra, or if payment from the National Fund is not received within 12 months after the date the 9 first payment is made by the Defendants pursuant to the settlement , then the Texas Political Subdivisions shall recover up to 12.5% of the Texas Political Subdivision Share to make up any difference. 6. If the National Fund and the Texas Politica l Subdivision share are insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, or if payment from the National Fund is not received within 12 months after the date the first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 8.75% of the Abatement Fund Share to make up any difference. In no event shall the Texas Political Subdivision share exceed 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of any settlement , plus expenses from the National Fund. In the event that any payment is received from the National Fund such that the total amount in fees and expenses exceeds 9.3925%, the Texas Political Subdivisions shall return any amounts received greater than 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions to those respective Funds. 10 7. For each settlement utilizing a National Fund, the Texas Political Subdivisions need only make one attempt at seeking fees and expenses there. 8. The total amount of the Texas Opioid Fee and Expense Fund shall be reduced proportionally, according to the agreed upon allocation of the Texas Subdivision Fund, for any Texas litigating Political Subdivision that (1) fails to enter the settlement; and (2) was filed in Texas state court, and was transferred to the Texas MDL (or removed before or during transfer to the Texas MDL) as of the execution date of this Agreement. D. The Texas Opioid Council and Texas Abatement Fund The Texas Opioid Council and Texas Abatement Fund is described in detail at Exhibit A, incorporated herein by reference. E. Settlement Negotiations 1. The State and Negotiating Committee agree to inform each other in advance of any negotiations relating to a Texas -only settlement with a Pharmaceutical Supply Chain Participant that includes both the State and its Political Subdivisions and shall provide each other the opportunity to participate in all such negotiations. Any Texas-only Settlement agreed to with the State and Negotiating Committee shall be subject to the approval 11 of a majority of litigating Political Subdivisions. The Parties further agree to keep each other reasonably informed of all other global settlement negotiations with Pharmaceutical Supply Chain Participants and to include the Negotiating Committee or designees. Neither this provision, nor any other, shall be construed to state or imply that either the State or the Negotiating Committee is unauthorized to engage in settlement negotiations with Pharmaceutical Supply Chain Participants without prior consent or contemporaneous participation of the other , or that either party is entitled to participate as an active or direct participant in settlement negotiations with the other. Rather, while the State’s and Negotiation Committee’s efforts to achieve worthwhile settlements are to be collaborative, incremental stages need not be so. 2. Any Master Settlement Agreement (MSA) shall be subject to the approval and jurisdiction of the Texas MDL Court. 3. As this is a Texas-specific effort, the Committee shall be Chaired by the Attorney General. However, the Attorney General, or his designees, shall endeavor to coordinate any publicity or other efforts to speak publicly with the other Committee Members. 4. The State of Texas, the Texas MDL Plaintiff’s Steering Committee representatives, or the Political Subdivision representatives may withdraw 12 from coordinated Settlement discussions detailed in this Section upon 10 business days’ written notice to the remaining Committee Members and counsel for any affected Pharmaceutical Supply Chain Participant. The withdrawal of any Member releases the remaining Committee Members from the restrictions and obligations in this Section. 5. The obligations in this Section shall not affect any Party’s right to proceed with trial or, within 30 days of the date upon which a trial involving that Party’s claims against a specific Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case specific resolution with that particular Pharmaceutical Supply Chain Participant. F. Amendments The Parties agree to make such amendments as necessary to implement the intent of this agreement. Acknowledgment of Agreement We, the undersigned, have participated in the drafting of the above Texas Term Sheet, including consideration based on comments solicited from Political Subdivisions. This document has been collaboratively drafted to maintain all individual claims while allowing the State and its Political Subdivisions to cooperate in exploring all possible means of resolution. Nothing in this agreement binds any party to any specific outcome. Any resolution under this document will require 13 acceptance by the State of Texas and a majority of the Litigating Political Subdivisions. We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS’ OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate earlier resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Texas. 13 EXHIBIT A 1 Opioid Abatement Fund (Texas) Settlement Opioid Council As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid Council (Council) to establish the framework that ensures the funds recovered by Texas (through the joint actions of the Attorney General and the state’s political subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost -effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. I. Structure The Council will be responsible for the processes and procedures governing the spending of the funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained through settlement and/or litigation of the claims asserted by the State and its subdivisions in the investigations and litigation related to the manufacturing, marketing, distribution, and sale of opioids and related pharmaceuticals. Money paid into the abatement fund will be held by an independent administrator, who shall be responsible for the ministerial task of releasing funds solely as authorized below by the Council, and accounting for all payments to and from the fund. The Council will be formed when a court of competent jurisdiction enters an order settling the matter, including any order of a bankruptcy court. The Council’s members must be appointed within sixty (60) days of the date the order is entered. A. Membership The Council shall be comprised of the following thirteen (13) members: 1. Statewide Members. Six members appointed by the Governor and Attorney General to represent the State’s interest in opioid abatement. The statewide members are appointed as follows: a. The Governor shall appoint three (3) members who are licensed health professionals with significant experience in opioid interventions; b. The Attorney General shall appoint three (3) members who are licensed professionals with significant experience in opioid incidences; and c. The Governor will appoint the Chair of the Council as a non-voting member. The Chair may only cast a vote in the event there is a tie of the membership. 2. Regional Members. Six (6) members appointed by the State’s political subdivisions to represent their designated Texas Health and Human Services Commission “HHSC” Regional Healthcare 2 Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the Council. The regional appointees must be from either academia or the medical profession with significant experience in opioid interventions. The regional members are appointed as follows: a. One member representing Regions 9 and 10 (Dallas Ft-Worth); b. One member representing Region 3 (Houston); c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas); d. One member representing Regions 6, 7, 8, 16 (Austin-San Antonio); e. One member representing Regions 1, 2, 17, 18 (East Texas); and f. One member representing Regions 4, 5, 20 (South Texas). B. Terms All members of the Council are appointed to serve staggered two-year terms, with the terms of members expiring February 1 of each year. A member may serve no more than two consecutive terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be filled for the unexpired term in the same manner as the original appointment. The Governor will appoint the Chair of the Council who will not vote on Council business unless there is a tie vote, and the subdivisions will appoint a Vice-Chair voting member from one of the regional members. C. Governance 1. Administration The Council is attached administratively to the Comptroller. The Council is an independent, quasi-governmental agency because it is responsible for the statewide distribution of the abatement settlement funds. The Council is exempt from the following statutes: a. Chapter 316 of the Government Code (Appropriations); b. Chapter 322 of the Government Code (Legislative Budget Board); c. Chapter 325 of the Government Code (Sunset); d. Chapter 783 of the Government Code (Uniform Grants and Contract Management); e. Chapter 2001 of the Government Code (Administrative Procedure); f. Chapter 2052 of the Government Code (State Agency Reports and Publications); g. Chapter 2261 of the Government Code (State Contracting Standards and Oversight); h. Chapter 2262 of the Government Code (Statewide Contract Management); 3 i. Chapter 262 of the Local Government Code (Purchasing and Contracting Authority of Counties); and j. Chapter 271 of the Local Government Code (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments). 2. Transparency The Council will abide by state laws relating to open meetings and public information, including Chapters 551 and 552 of the Texas Government Code. i. The Council shall hold at least four regular meetings each year. The Council may hold additional meetings on the request of the Chair or on the written request of three members of the council. All meetings shall be open to the public, and public notice of meetings shall be given as required by state law. ii. The Council may convene in a closed, non-public meeting : a. If the Commission must discuss: 1. Negotiation of contract awards; and 2. Matters specifically exempted from disclosure by federal and state statutes. b. All minutes and documents of a closed meeting shall remain under seal, subject to release only order of a court of competent jurisdiction. 3. Authority The Council does not have rulemaking authority. The terms of each Judgment, Master Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of the Council and the Council may not stray outside the bounds of the authority and power vested by such settlements. Should the Council require legal assistance in determining their authority, the Council may direct the executive director to seek legal advice from the Attorney General to clarify the issue. D. Operation and Expenses The independent administrator will set aside up to one (1) percent of the settlement funds for the administration of the Council for reasonable costs and expenses of operating the foregoing duties, including educational activities. 1. Executive Director The Comptroller will employ the executive director of the Council and other personnel as necessary to administer the duties of the Council and carry out the functions of the Council. The executive director must have at least 10 years of experience in government or public administration and is classified as a Director V/B30 under the State Auditor’s State Classification. The Comptroller will pay the salaries of the Council employees from the 4 one (1) percent of the settlement funds set aside for the administration of the Council. The Comptroller will request funds from the Texas Abatement Fund Point of Contact. 2. Travel Reimbursement A person appointed to the Council is entitled to reimbursement for the travel expenses incurred in attending Council duties. A member of the Council may be reimbursed for actual expenses for meals, lodging, transportation, and incidental expenses in accor dance with travel rates set by the federal General Services Administration. II. Duties/Roles It is the duty of the Council to determine and approve the opioid abatement strategies and funding awards. A. Approved Abatement Strategies The Council will develop the approved Texas list of abatement strategies based on but not limited to the existing national list of opioid abatement strategies (see attached Appendix A) for implementing the Texas Abatement Fund. 1. The Council shall only approve strategies which are evidence-informed strategies. 2. The Texas list of abatement strategies must be approved by majority vote. The majo rity vote must include a majority from both sides of the statewide members and regional members in order to be approved, e.g., at least four (4) of six (6) members on each side. B. Texas Abatement Fund Point of Contact The Council will determine a single point of contact called the Abatement Fund Point of Contact (POC) to be established as the sole entity authorized to receive requests for funds and approve expenditures in Texas and order the release of funds from the Texas Abatement Fund by the independent administrator. The POC may be an independent third party selected by the Council with expertise in banking or financial management. The POC will manage the Opioid Council Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent administrator to release funds to the Account. The Account is outside the State Treasury and not managed by any state or local officials. The POC is responsible for payments to the qualified entities selected by the Council for abatement fund awards. The POC will submit a monthly financial statement on the Account to the Council. C. Auditor An independent auditor appointed by the Council will perform an audit on the Account on an annual basis and report its findings, if any, to the Council. D. Funding Allocation 5 The Council is the sole decision-maker on the funding allocation process of the abatement funds. The Council will develop the application and award process based on the parameters outlined below. An entity seeking funds from the Council must apply for funds; no funds will be awarded without an application. The executive director and personnel may assist the Council in gathering and compiling the applications for consideration; however, the Council members are the sole decision-makers of awards and funding determination. The Council will use the following processes to award funds: 1. Statewide Funds. The Council will consider, adopt and approve the allocation methodology attached as Exhibit C, based upon population he alth data and prevalence of opioid incidences, at the Coun cil’s initial meeting. Adoption of such methodology will allow each Region to customize the approved abatement strategies to fit its communities’ needs. The statewide regional funds will account for seventy-five (75) percent of the total overall funds , less the one (1) percent administrative expense described herein. 2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall funds, for targeted interventions in the specific Region as identified by opioid incidence data. The Council must approve on an annual basis the uses for the targeted abatement strategies and applications available to every Region, including education and outreach programs. Each Region without approved uses for the targeted funds from the Council, based upon a greater percentage of opioid incidents compared to its population, is subject to transfer of all or a portion of the targeted funds for that Region for uses based upon all Regions’ targeted funding needs as approved by the Council on an annual basis. 3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an annual basis. If a Region lapses its funds, the funds will be reallocated based on all Regions’ funding needs. E. Appeal Process The Council will establish an appeal process to permit the applicants for funding (state or subdivisions) to challenge decisions by the Council-designated point of contact on requests for funds or expenditures. 1. To challenge a decision by the designated point of contact, the State or a subdivision must file an appeal with the Council within thirty (30) days of the decision. The Council then has thirty (30) days to consider and rule on the appeal. 2. If the Council denies the appeal, the party may file an appeal with the state district court of record where the final opioid judgment or Master Settlement Agreement is filed. The Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings. The Council may request representation from the Attorney General in these proceedings. 6 In making its determination, the state district court shall apply the same clear error standards contained herein that the Council must follow when rendering its decision. 3. The state district court will make the final decision and the decision is not appealable. 4. Challenges will be limited and subject to penalty if abused. 5. Attorneys’ fees and costs are not recoverable in these appeals. F. Education The Council may determine that a percentage of the funds in the Abatement Fund from the targeted funds be used to develop an education and outreach program to provide materials on the consequences of opioid drug use, prevention and interventions. Any material developed will include online resources and toolkits for communities. EXHIBIT B Exhibit B: Municipal Area Allocations: 15% of Total ($150 million) (County numbers refer to distribution to the county governments after payment to cities within county borders has been made. Minimum distribution to each county is $1000.) Municipal Area Allocation Municipal Area Allocation Abbott $688 Lakeport $463 Abernathy $110 Lakeside $4,474 Abilene $563,818 Lakeside City $222 Ackerly $21 Lakeview $427 Addison $58,094 Lakeway $31,657 Adrian $181 Lakewood Village $557 Agua Dulce $43 Lamar County $141,598 Alamo $22,121 Lamb County $50,681 Alamo Heights $28,198 Lamesa $29,656 Alba $3,196 Lampasas $28,211 Albany $180 Lampasas County $42,818 Aledo $331 Lancaster $90,653 Alice $71,291 Laredo $763,174 Allen $315,081 Latexo $124 Alma $1,107 Lavaca County $45,973 Alpine $29,686 Lavon $7,435 Alto $3,767 Lawn $58 Alton $11,540 League City $302,418 Alvarado $29,029 Leakey $256 Alvin $113,962 Leander $88,641 Alvord $358 Leary $797 Amarillo $987,661 Lee County $30,457 Ames $5,571 Lefors $159 Amherst $22 Leon County $67,393 Anahuac $542 Leon Valley $23,258 Anderson $19 Leona $883 Anderson County $268,763 Leonard $8,505 Andrews $18,983 Leroy $176 Andrews County $37,606 Levelland $46,848 Angelina County $229,956 Lewisville $382,094 Angleton $62,791 Lexington $2,318 Angus $331 Liberty $72,343 Anna $9,075 Liberty County $531,212 Annetta $5,956 Liberty Hill $2,780 Annetta North $34 Limestone County $135,684 (Table continues on multiple pages below) Page 2 Annetta South $602 Lincoln Park $677 Annona $738 Lindale $24,202 Anson $5,134 Linden $3,661 Anthony $4,514 Lindsay $1,228 Anton $444 Lipan $44 Appleby $1,551 Lipscomb County $10,132 Aquilla $208 Little Elm $69,326 Aransas County $266,512 Little River-Academy $798 Aransas Pass $57,813 Littlefield $7,678 Archer City $10,554 Live Oak $32,740 Archer County $45,534 Live Oak County $39,716 Arcola $7,290 Liverpool $1,435 Argyle $11,406 Livingston $73,165 Arlington $735,803 Llano $23,121 Armstrong County $974 Llano County $115,647 Arp $2,009 Lockhart $49,050 Asherton $112 Lockney $3,301 Aspermont $9 Log Cabin $1,960 Atascosa County $176,903 Lometa $1,176 Athens $105,942 Lone Oak $1,705 Atlanta $30,995 Lone Star $8,283 Aubrey $15,141 Longview $482,254 Aurora $1,849 Loraine $188 Austin County $76,030 Lorena $3,390 Austin $4,877,716 Lorenzo $11,358 Austwell $109 Los Fresnos $11,185 Avery $138 Los Indios $159 Avinger $1,115 Los Ybanez $0 Azle $32,213 Lott $1,516 Bailey $950 Lovelady $249 Bailey County $15,377 Loving County $1,000 Bailey's Prairie $5,604 Lowry Crossing $783 Baird $2,802 Lubbock $319,867 Balch Springs $27,358 Lubbock County $1,379,719 Balcones Heights $23,811 Lucas $5,266 Ballinger $9,172 Lueders $508 Balmorhea $63 Lufkin $281,592 Bandera $2,893 Luling $29,421 Bandera County $86,815 Lumberton $36,609 Bangs $3,050 Lyford $3,071 Page 3 Bardwell $362 Lynn County $6,275 Barry $200 Lytle $7,223 Barstow $61 Mabank $19,443 Bartlett $3,374 Madison County $49,492 Bartonville $8,887 Madisonville $11,458 Bastrop $46,320 Magnolia $26,031 Bastrop County $343,960 Malakoff $12,614 Bay City $57,912 Malone $439 Baylor County $29,832 Manor $12,499 Bayou Vista $6,240 Mansfield $150,788 Bayside $242 Manvel $12,305 Baytown $216,066 Marble Falls $37,039 Bayview $41 Marfa $65 Beach City $12,505 Marietta $338 Bear Creek $906 Marion $275 Beasley $130 Marion County $54,728 Beaumont $683,010 Marlin $21,634 Beckville $1,247 Marquez $1,322 Bedford $94,314 Marshall $108,371 Bedias $3,475 Mart $928 Bee Cave $12,863 Martin County $10,862 Bee County $97,844 Martindale $2,437 Beeville $24,027 Mason $777 Bell County $650,748 Mason County $3,134 Bellaire $41,264 Matador $1,203 Bellevue $56 Matagorda County $135,239 Bellmead $14,487 Mathis $15,720 Bells $1,891 Maud $423 Bellville $7,488 Maverick County $115,919 Belton $72,680 Maypearl $986 Benavides $152 McAllen $364,424 Benbrook $43,919 McCamey $542 Benjamin $951 McGregor $9,155 Berryville $14,379 McKinney $450,383 Bertram $182 McLean $14 Beverly Hills $4,336 McLendon-Chisholm $411 Bevil Oaks $549 Mcculloch County $20,021 Bexar County $7,007,152 Mclennan County $529,641 Big Lake $547 Mcmullen County $1,000 Big Sandy $4,579 Meadow $1,121 Page 4 Big Spring $189,928 Meadowlakes $905 Big Wells $236 Meadows Place $18,148 Bishop $8,213 Medina County $48,355 Bishop Hills $323 Megargel $611 Blackwell $31 Melissa $15,381 Blanco $6,191 Melvin $345 Blanco County $49,223 Memphis $7,203 Blanket $147 Menard $991 Bloomburg $1,010 Menard County $14,717 Blooming Grove $352 Mercedes $21,441 Blossom $198 Meridian $3,546 Blue Mound $2,888 Merkel $10,117 Blue Ridge $1,345 Mertens $239 Blum $1,622 Mertzon $29 Boerne $45,576 Mesquite $310,709 Bogata $3,649 Mexia $21,096 Bonham $100,909 Miami $455 Bonney $2,510 Midland County $279,927 Booker $1,036 Midland $521,849 Borden County $1,000 Midlothian $95,799 Borger $69,680 Midway $78 Bosque County $71,073 Milam County $97,386 Bovina $173 Milano $904 Bowie $83,620 Mildred $286 Bowie County $233,190 Miles $93 Boyd $6,953 Milford $6,177 Brackettville $8 Miller's Cove $97 Brady $27,480 Millican $417 Brazoria $11,537 Mills County $19,931 Brazoria County $1,021,090 Millsap $34 Brazos Bend $462 Mineola $48,719 Brazos Country $902 Mineral Wells $92,061 Brazos County $342,087 Mingus $189 Breckenridge $23,976 Mission $124,768 Bremond $5,554 Missouri City $209,633 Brenham $54,750 Mitchell County $20,850 Brewster County $60,087 Mobeetie $52 Briarcliff $572 Mobile City $2,034 Briaroaks $57 Monahans $5,849 Bridge City $80,756 Mont Belvieu $19,669 Page 5 Bridgeport $33,301 Montague County $94,796 Briscoe County $977 Montgomery $1,884 Broaddus $31 Montgomery County $2,700,911 Bronte $99 Moody $828 Brooks County $20,710 Moore County $40,627 Brookshire $6,406 Moore Station $772 Brookside Village $1,110 Moran $50 Brown County $193,417 Morgan $605 Browndell $152 Morgan's Point $3,105 Brownfield $14,452 Morgan's Point Resort $8,024 Brownsboro $3,176 Morris County $53,328 Brownsville $425,057 Morton $167 Brownwood $166,572 Motley County $3,344 Bruceville-Eddy $1,692 Moulton $999 Bryan $246,897 Mount Calm $605 Bryson $1,228 Mount Enterprise $1,832 Buckholts $1,113 Mount Pleasant $65,684 Buda $10,784 Mount Vernon $6,049 Buffalo $11,866 Mountain City $1,548 Buffalo Gap $88 Muenster $4,656 Buffalo Springs $188 Muleshoe $4,910 Bullard $7,487 Mullin $384 Bulverde $14,436 Munday $2,047 Bunker Hill Village $472 Murchison $2,302 Burkburnett $37,844 Murphy $51,893 Burke $1,114 Mustang $7 Burleson County $70,244 Mustang Ridge $2,462 Burleson $151,779 Nacogdoches $205,992 Burnet $33,345 Nacogdoches County $198,583 Burnet County $189,829 Naples $4,224 Burton $937 Nash $7,999 Byers $77 Nassau Bay $11,247 Bynum $380 Natalia $625 Cactus $4,779 Navarro $334 Caddo Mills $43 Navarro County $103,513 Caldwell $18,245 Navasota $37,676 Caldwell County $86,413 Nazareth $124 Calhoun County $127,926 Nederland $44,585 Callahan County $12,894 Needville $10,341 Callisburg $101 Nevada $237 Page 6 Calvert $772 New Berlin $4 Cameron $11,091 New Boston $6,953 Cameron County $537,026 New Braunfels $307,313 Camp County $28,851 New Chapel Hill $288 Camp Wood $422 New Deal $338 Campbell $1,116 New Fairview $2,334 Canadian $1,090 New Home $9 Caney City $2,005 New Hope $1,024 Canton $56,734 New London $4,129 Canyon $26,251 New Summerfield $442 Carbon $620 New Waverly $2,562 Carl's Corner $48 Newark $520 Carmine $385 Newcastle $914 Carrizo Springs $1,671 Newton $6,102 Carrollton $310,255 Newton County $158,006 Carson County $29,493 Neylandville $163 Carthage $18,927 Niederwald $16 Cashion Community $322 Nixon $2,283 Cass County $93,155 Nocona $16,536 Castle Hills $12,780 Nolan County $50,262 Castro County $4,420 Nolanville $4,247 Castroville $4,525 Nome $391 Cedar Hill $70,127 Noonday $226 Cedar Park $185,567 Nordheim $697 Celeste $1,280 Normangee $6,192 Celina $18,283 North Cleveland $105 Center $58,838 North Richland Hills $146,419 Centerville $385 Northlake $8,905 Chambers County $153,188 Novice $76 Chandler $17,364 Nueces County $1,367,932 Channing $2 O'Brien $76 Charlotte $4,257 O'Donnell $27 Cherokee County $156,612 Oak Grove $2,769 Chester $1,174 Oak Leaf $612 Chico $2,928 Oak Point $9,011 Childress $37,916 Oak Ridge $358 Childress County $50,582 Oak Ridge North $33,512 Chillicothe $172 Oak Valley $7 China $522 Oakwood $148 China Grove $598 Ochiltree County $15,476 Page 7 Chireno $1,568 Odem $7,420 Christine $354 Odessa $559,163 Cibolo $13,690 Oglesby $29 Cisco $7,218 Old River-Winfree $21,653 Clarendon $114 Oldham County $10,318 Clarksville $20,891 Olmos Park $9,801 Clarksville City $54 Olney $6,088 Claude $26 Olton $1,197 Clay County $72,050 Omaha $4,185 Clear Lake Shores $6,682 Onalaska $31,654 Cleburne $228,184 Opdyke West $479 Cleveland $96,897 Orange $311,339 Clifton $9,939 Orange County $689,818 Clint $375 Orange Grove $1,677 Clute $51,350 Orchard $867 Clyde $17,287 Ore City $6,806 Coahoma $2,291 Overton $7,900 Cochran County $3,389 Ovilla $13,391 Cockrell Hill $512 Oyster Creek $9,633 Coffee City $1,087 Paducah $125 Coke County $5,522 Paint Rock $141 Coldspring $447 Palacios $14,036 Coleman $5,442 Palestine $178,009 Coleman County $4,164 Palisades $240 College Station $258,147 Palm Valley $1,918 Colleyville $46,049 Palmer $12,666 Collin County $1,266,721 Palmhurst $4,660 Collingsworth County $19,234 Palmview $7,577 Collinsville $1,831 Palo Pinto County $124,621 Colmesneil $2,211 Pampa $67,227 Colorado City $8,405 Panhandle $9,536 Colorado County $49,084 Panola County $80,699 Columbus $6,867 Panorama Village $1,292 Comal County $396,142 Pantego $12,898 Comanche $16,503 Paradise $52 Comanche County $50,964 Paris $201,180 Combes $1,710 Parker $10,307 Combine $1,892 Parker County $476,254 Commerce $33,869 Parmer County $15,866 Como $415 Pasadena $356,536 Page 8 Concho County $3,859 Pattison $1,148 Conroe $466,671 Patton Village $9,268 Converse $27,693 Payne Springs $1,770 Cooke County $200,451 Pearland $333,752 Cool $731 Pearsall $11,570 Coolidge $243 Pecan Gap $719 Cooper $362 Pecan Hill $229 Coppell $86,593 Pecos $7,622 Copper Canyon $489 Pecos County $46,997 Copperas Cove $133,492 Pelican Bay $1,199 Corinth $75,298 Penelope $415 Corpus Christi $1,812,707 Penitas $312 Corral City $143 Perryton $23,364 Corrigan $21,318 Petersburg $1,691 Corsicana $87,310 Petrolia $17 Coryell County $123,659 Petronila $5 Cottle County $875 Pflugerville $86,408 Cottonwood $289 Pharr $144,721 Cottonwood Shores $1,203 Pilot Point $11,613 Cotulla $1,251 Pine Forest $3,894 Coupland $266 Pine Island $3,141 Cove $387 Pinehurst $32,671 Covington $519 Pineland $4,138 Coyote Flats $1,472 Piney Point Village $15,738 Crandall $12,094 Pittsburg $20,526 Crane $10,599 Plains $129 Crane County $26,146 Plainview $60,298 Cranfills Gap $128 Plano $1,151,608 Crawford $383 Pleak $270 Creedmoor $16 Pleasant Valley $308 Cresson $1,086 Pleasanton $29,011 Crockett $23,403 Plum Grove $258 Crockett County $18,210 Point $1,519 Crosby County $18,388 Point Blank $355 Crosbyton $1,498 Point Comfort $447 Cross Plains $4,877 Point Venture $588 Cross Roads $244 Polk County $370,831 Cross Timber $542 Ponder $1,282 Crowell $6,335 Port Aransas $31,022 Crowley $22,345 Port Arthur $367,945 Page 9 Crystal City $19,412 Port Isabel $9,802 Cuero $24,689 Port Lavaca $11,752 Culberson County $789 Port Neches $38,849 Cumby $5,320 Portland $76,517 Cuney $606 Post $2,332 Cushing $1,120 Post Oak Bend City $1,034 Cut and Shoot $2,141 Poteet $6,767 DISH $19 Poth $3,974 Daingerfield $12,476 Potter County $371,701 Daisetta $5,370 Pottsboro $12,302 Dalhart $11,609 Powell $110 Dallam County $21,686 Poynor $1,180 Dallas County $8,538,291 Prairie View $7,600 Dallas $2,999,902 Premont $3,321 Dalworthington Gardens $6,060 Presidio $148 Danbury $4,231 Presidio County $787 Darrouzett $101 Primera $2,958 Dawson $600 Princeton $19,245 Dawson County $46,911 Progreso $8,072 Dayton $47,122 Progreso Lakes $39 Dayton Lakes $38 Prosper $22,770 De Kalb $1,035 Providence Village $508 De Leon $8,218 Putnam $14 De Witt County $68,895 Pyote $22 DeCordova $13,778 Quanah $207 DeSoto $72,400 Queen City $4,837 Deaf Smith County $34,532 Quinlan $7,304 Dean $141 Quintana $492 Decatur $56,669 Quitaque $8 Deer Park $49,388 Quitman $15,619 Del Rio $59,056 Rains County $53,190 Dell City $15 Ralls $3,967 Delta County $30,584 Rancho Viejo $3,836 Denison $210,426 Randall County $278,126 Denton $458,334 Ranger $12,186 Denton County $1,132,298 Rankin $1,613 Denver City $2,104 Ransom Canyon $930 Deport $42 Ravenna $685 Detroit $965 Raymondville $7,466 Devers $191 Reagan County $25,215 Page 10 Devine $4,354 Real County $5,073 Diboll $25,533 Red Lick $23 Dickens $71 Red Oak $26,843 Dickens County $1,873 Red River County $29,306 Dickinson $83,683 Redwater $1,058 Dilley $2,633 Reeves County $103,350 Dimmit County $33,294 Refugio $8,839 Dimmitt $1,012 Refugio County $46,216 Dodd City $1,211 Reklaw $1,136 Dodson $447 Reno $3,791 Domino $196 Reno $11,164 Donley County $22,370 Retreat $52 Donna $13,798 Rhome $12,285 Dorchester $231 Rice $1,972 Double Oak $4,765 Richardson $260,315 Douglassville $574 Richland $210 Dripping Springs $811 Richland Hills $24,438 Driscoll $39 Richland Springs $2,234 Dublin $14,478 Richmond $77,606 Dumas $26,229 Richwood $12,112 Duncanville $58,328 Riesel $1,118 Duval County $49,109 Rio Bravo $8,548 Eagle Lake $4,882 Rio Grande City $25,947 Eagle Pass $56,005 Rio Hondo $3,550 Early $14,838 Rio Vista $4,419 Earth $242 Rising Star $1,933 East Bernard $5,554 River Oaks $11,917 East Mountain $2,494 Riverside $858 East Tawakoni $2,723 Roanoke $275 Eastland $15,896 Roaring Springs $461 Eastland County $52,275 Robert Lee $85 Easton $329 Roberts County $547 Ector $1,108 Robertson County $44,642 Ector County $480,000 Robinson $18,002 Edcouch $4,101 Robstown $40,154 Eden $497 Roby $428 Edgecliff Village $2,232 Rochester $674 Edgewood $13,154 Rockdale $20,973 Edinburg $120,884 Rockport $54,253 Edmonson $136 Rocksprings $25 Page 11 Edna $18,194 Rockwall $114,308 Edom $2,149 Rockwall County $168,820 Edwards County $975 Rocky Mound $280 El Campo $31,700 Rogers $3,818 El Cenizo $621 Rollingwood $4,754 El Lago $5,604 Roma $16,629 El Paso $1,224,371 Roman Forest $8,610 El Paso County $2,592,121 Ropesville $2,122 Eldorado $50 Roscoe $778 Electra $15,716 Rose City $4,012 Elgin $26,284 Rose Hill Acres $2,311 Elkhart $301 Rosebud $1,489 Ellis County $315,372 Rosenberg $126,593 Elmendorf $746 Ross $147 Elsa $7,720 Rosser $549 Emhouse $83 Rotan $1,493 Emory $3,878 Round Mountain $454 Enchanted Oaks $1,299 Round Rock $475,992 Encinal $1,515 Round Top $140 Ennis $81,839 Rowlett $99,963 Erath County $102,616 Roxton $47 Escobares $40 Royse City $23,494 Estelline $909 Rule $800 Euless $92,824 Runaway Bay $6,931 Eureka $334 Runge $255 Eustace $2,089 Runnels County $33,831 Evant $2,068 Rusk $17,991 Everman $7,692 Rusk County $151,390 Fair Oaks Ranch $8,077 Sabinal $1,811 Fairchilds $81 Sabine County $46,479 Fairfield $1,245 Sachse $23,400 Fairview $32,245 Sadler $925 Falfurrias $2,221 Saginaw $31,973 Falls City $41 Salado $3,210 Falls County $34,522 San Angelo $536,509 Fannin County $131,653 San Antonio $4,365,416 Farmers Branch $94,532 San Augustine $25,182 Farmersville $10,532 San Augustine County $37,854 Farwell $343 San Benito $40,015 Fate $3,473 San Diego $11,771 Page 12 Fayette County $92,440 San Elizario $7,831 Fayetteville $391 San Felipe $1,498 Ferris $13,873 San Jacinto County $197,398 Fisher County $5,518 San Juan $28,845 Flatonia $5,661 San Leanna $36 Florence $3,949 San Marcos $325,688 Floresville $21,699 San Patricio $4,213 Flower Mound $215,256 San Patricio County $271,916 Floyd County $9,049 San Perlita $2,219 Floydada $6,357 San Saba $10,057 Foard County $5,764 San Saba County $17,562 Follett $212 Sanctuary $17 Forest Hill $26,132 Sandy Oaks $9,863 Forney $80,112 Sandy Point $1,637 Forsan $576 Sanford $308 Fort Bend County $1,506,719 Sanger $22,237 Fort Stockton $4,411 Sansom Park $223 Fort Worth $2,120,790 Santa Anna $329 Franklin $3,931 Santa Clara $87 Franklin County $25,783 Santa Fe $33,272 Frankston $274 Santa Rosa $2,138 Fredericksburg $56,486 Savoy $2,349 Freeport $72,973 Schertz $60,110 Freer $3,271 Schleicher County $5,695 Freestone County $50,495 Schulenburg $2,560 Friendswood $140,330 Scotland $148 Frio County $19,954 Scottsville $708 Friona $2,848 Scurry $1,110 Frisco $405,309 Scurry County $73,116 Fritch $4,548 Seabrook $30,270 Frost $321 Seadrift $991 Fruitvale $2,344 Seagoville $17,106 Fulshear $5,272 Seagraves $7,531 Fulton $1,602 Sealy $20,637 Gaines County $54,347 Seguin $376,538 Gainesville $153,980 Selma $22,429 Galena Park $13,093 Seminole $16,092 Gallatin $1,253 Seven Oaks $3,917 Galveston $488,187 Seven Points $7,452 Galveston County $1,124,093 Seymour $14,218 Page 13 Ganado $5,510 Shackelford County $1,288 Garden Ridge $11,351 Shady Shores $594 Garland $420,244 Shallowater $1,907 Garrett $2,510 Shamrock $4,328 Garrison $3,555 Shavano Park $3,178 Gary City $450 Shelby County $109,925 Garza County $8,944 Shenandoah $47,122 Gatesville $26,994 Shepherd $147 George West $6,207 Sherman $330,585 Georgetown $225,896 Sherman County $7,930 Gholson $1,505 Shiner $4,042 Giddings $12,674 Shoreacres $958 Gillespie County $63,191 Silsbee $66,442 Gilmer $33,951 Silverton $14 Gladewater $24,638 Simonton $1,906 Glasscock County $1,000 Sinton $23,658 Glen Rose $540 Skellytown $400 Glenn Heights $16,593 Slaton $154 Godley $3,115 Smiley $655 Goldsmith $677 Smith County $758,961 Goldthwaite $1,225 Smithville $17,009 Goliad $3,563 Smyer $300 Goliad County $34,660 Snook $1,422 Golinda $100 Snyder $9,018 Gonzales $14,882 Socorro $11,125 Gonzales County $33,230 Somerset $1,527 Goodlow $221 Somervell County $57,076 Goodrich $9,643 Somerville $3,806 Gordon $365 Sonora $7,337 Goree $749 Sour Lake $17,856 Gorman $3,107 South Houston $25,620 Graford $23 South Mountain $154 Graham $235,428 South Padre Island $30,629 Granbury $71,735 Southlake $70,846 Grand Prairie $445,439 Southmayd $7,096 Grand Saline $36,413 Southside Place $885 Grandfalls $65 Spearman $14,000 Grandview $6,600 Splendora $7,756 Granger $2,741 Spofford $7 Granite Shoals $11,834 Spring Valley Village $16,404 Page 14 Granjeno $43 Springlake $3 Grapeland $7,287 Springtown $14,244 Grapevine $129,195 Spur $427 Gray County $65,884 St. Hedwig $111 Grays Prairie $17 St. Jo $7,360 Grayson County $539,083 St. Paul $21 Greenville $203,112 Stafford $75,145 Gregg County $243,744 Stagecoach $3,036 Gregory $4,697 Stamford $398 Grey Forest $474 Stanton $3,838 Grimes County $94,878 Staples $19 Groesbeck $5,745 Star Harbor $151 Groom $965 Starr County $99,896 Groves $40,752 Stephens County $35,244 Groveton $8,827 Stephenville $83,472 Gruver $1,166 Sterling City $62 Guadalupe County $146,824 Sterling County $939 Gun Barrel City $36,302 Stinnett $4,097 Gunter $4,609 Stockdale $741 Gustine $34 Stonewall County $1,822 Hackberry $94 Stratford $8,378 Hale Center $6,042 Strawn $987 Hale County $79,150 Streetman $5 Hall County $8,933 Sudan $32 Hallettsville $6,895 Sugar Land $321,561 Hallsburg $272 Sullivan City $6,121 Hallsville $10,239 Sulphur Springs $124,603 Haltom City $71,800 Sun Valley $4 Hamilton $3,581 Sundown $2,592 Hamilton County $66,357 Sunnyvale $3,248 Hamlin $4,656 Sunray $2,571 Hansford County $16,416 Sunrise Beach Village $2,083 Happy $327 Sunset Valley $9,425 Hardeman County $15,219 Surfside Beach $6,530 Hardin $100 Sutton County $6,541 Hardin County $379,800 Sweeny $4,503 Harker Heights $113,681 Sweetwater $68,248 Harlingen $165,429 Swisher County $7,251 Harris County $14,966,202 Taft $5,861 Harrison County $185,910 Tahoka $430 Page 15 Hart $86 Talco $372 Hartley County $786 Talty $9,124 Haskell $10,829 Tarrant County $6,171,159 Haskell County $22,011 Tatum $972 Haslet $1,908 Taylor $57,945 Hawk Cove $674 Taylor County $351,078 Hawkins $7,932 Taylor Lake Village $412 Hawley $931 Taylor Landing $153 Hays $506 Teague $1,714 Hays County $529,489 Tehuacana $12 Hearne $16,824 Temple $280,747 Heath $28,751 Tenaha $4,718 Hebron $687 Terrell $148,706 Hedley $70 Terrell County $5,737 Hedwig Village $13,067 Terrell Hills $9,858 Helotes $15,790 Terry County $25,423 Hemphill $8,035 Texarkana $192,094 Hemphill County $14,394 Texas City $298,702 Hempstead $21,240 Texhoma $156 Henderson $59,966 Texline $865 Henderson County $327,965 The Colony $114,297 Henrietta $2,720 The Hills $1,004 Hereford $20,423 Thompsons $1,897 Hewitt $19,776 Thorndale $1,595 Hickory Creek $16,510 Thornton $270 Hico $5,534 Thorntonville $87 Hidalgo $26,621 Thrall $825 Hidalgo County $1,253,103 Three Rivers $4,669 Hideaway $922 Throckmorton $29 Higgins $43 Throckmorton County $5,695 Highland Haven $320 Tiki Island $2,178 Highland Park $43,383 Timbercreek Canyon $369 Highland Village $50,315 Timpson $12,642 Hill Country Village $6,485 Tioga $2,390 Hill County $127,477 Tira $185 Hillcrest $5,345 Titus County $70,611 Hillsboro $46,609 Toco $4 Hilshire Village $859 Todd Mission $1,680 Hitchcock $28,796 Tolar $2,369 Hockley County $46,407 Tom Bean $2,293 Page 16 Holiday Lakes $1,795 Tom Green County $282,427 Holland $77 Tomball $34,620 Holliday $5,910 Tool $14,787 Hollywood Park $9,424 Toyah $40 Hondo $115,288 Travis County $4,703,473 Honey Grove $7,196 Trent $63 Hood County $292,105 Trenton $3,089 Hooks $2,702 Trinidad $5,859 Hopkins County $149,518 Trinity $23,652 Horizon City $7,520 Trinity County $105,766 Horseshoe Bay $48,173 Trophy Club $29,370 Houston County $78,648 Troup $7,918 Houston $7,021,793 Troy $5,320 Howard County $89,330 Tulia $8,911 Howardwick $84 Turkey $737 Howe $9,177 Tuscola $138 Hubbard $3,635 Tye $1,766 Hudson $6,840 Tyler $723,829 Hudson Oaks $15,637 Tyler County $131,743 Hudspeth County $985 Uhland $1,545 Hughes Springs $4,442 Uncertain $185 Humble $73,952 Union Grove $994 Hunt County $309,851 Union Valley $666 Hunters Creek Village $14,708 Universal City $28,428 Huntington $8,792 University Park $50,833 Huntsville $80,373 Upshur County $128,300 Hurst $99,187 Upton County $8,499 Hutchins $9,551 Uvalde $18,439 Hutchinson County $74,630 Uvalde County $36,244 Hutto $38,346 Val Verde County $117,815 Huxley $738 Valentine $207 Idalou $1,999 Valley Mills $2,228 Impact $8 Valley View $1,824 Indian Lake $473 Van $6,206 Industry $604 Van Alstyne $43,749 Ingleside on the Bay $142 Van Horn $211 Ingleside $40,487 Van Zandt County $248,747 Ingram $5,243 Vega $974 Iola $3,164 Venus $9,792 Iowa Colony $4,090 Vernon $81,337 Page 17 Iowa Park $23,487 Victoria $84,598 Iraan $56 Victoria County $520,886 Iredell $216 Vidor $95,620 Irion County $9,105 Vinton $622 Irving $427,818 Volente $333 Italy $5,349 Von Ormy $513 Itasca $8,694 Waco $512,007 Ivanhoe $26 Waelder $3,427 Jacinto City $14,141 Wake Village $174 Jack County $14,799 Walker County $184,624 Jacksboro $23,254 Waller County $126,206 Jackson County $37,984 Waller $11,295 Jacksonville $80,179 Wallis $2,698 Jamaica Beach $4,913 Walnut Springs $183 Jarrell $2,423 Ward County $67,920 Jasper $78,422 Warren City $66 Jasper County $248,855 Washington County $83,727 Jayton $63 Waskom $5,346 Jeff Davis County $8,500 Watauga $33,216 Jefferson $11,194 Waxahachie $152,094 Jefferson County $756,614 Weatherford $207,872 Jersey Village $36,347 Webb County $505,304 Jewett $9,338 Webberville $1,280 Jim Hogg County $12,718 Webster $53,202 Jim Wells County $166,539 Weimar $5,830 Joaquin $810 Weinert $234 Johnson City $3,581 Weir $443 Johnson County $408,692 Wellington $9,111 Jolly $26 Wellman $383 Jones County $22,001 Wells $1,357 Jones Creek $5,078 Weslaco $73,949 Jonestown $6,419 West $3,522 Josephine $881 West Columbia $17,958 Joshua $20,619 West Lake Hills $17,056 Jourdanton $9,600 West Orange $42,452 Junction $4,825 West Tawakoni $6,995 Justin $8,575 West University Place $34,672 Karnes City $11,632 Westbrook $43 Karnes County $35,249 Westlake $41,540 Katy $52,467 Weston $266 Page 18 Kaufman $27,607 Weston Lakes $189 Kaufman County $353,047 Westover Hills $4,509 Keene $38,296 Westworth Village $7,842 Keller $79,189 Wharton $31,700 Kemah $28,325 Wharton County $72,887 Kemp $6,419 Wheeler $447 Kempner $330 Wheeler County $26,273 Kendall County $100,643 White Deer $1,273 Kendleton $13 White Oak $15,305 Kenedy $676 White Settlement $23,304 Kenedy County $1,000 Whiteface $155 Kenefick $416 Whitehouse $29,017 Kennard $132 Whitesboro $18,932 Kennedale $21,024 Whitewright $7,098 Kent County $939 Whitney $73 Kerens $1,924 Wichita County $552,371 Kermit $5,652 Wichita Falls $832,574 Kerr County $218,452 Wickett $87 Kerrville $190,357 Wilbarger County $55,124 Kilgore $105,583 Willacy County $24,581 Killeen $535,650 Williamson County $1,195,987 Kimble County $20,480 Willis $24,384 King County $1,000 Willow Park $26,737 Kingsville $20,083 Wills Point $43,765 Kinney County $2,142 Wilmer $426 Kirby $8,752 Wilson $12 Kirbyville $10,690 Wilson County $121,034 Kirvin $2 Wimberley $724 Kleberg County $124,109 Windcrest $12,908 Knollwood $1,160 Windom $1,087 Knox City $1,962 Windthorst $3,385 Knox County $11,730 Winfield $290 Kosse $2,468 Wink $120 Kountze $19,716 Winkler County $61,163 Kress $186 Winnsboro $28,791 Krugerville $1,508 Winona $319 Krum $9,661 Winters $6,229 Kurten $686 Wise County $289,074 Kyle $51,835 Wixon Valley $441 La Feria $10,381 Wolfe City $5,466 Page 19 La Grange $9,623 Wolfforth $4,022 La Grulla $1,708 Wood County $267,048 La Joya $8,457 Woodbranch $9,617 La Marque $98,930 Woodcreek $358 La Porte $91,532 Woodloch $1,012 La Salle County $14,975 Woodsboro $1,130 La Vernia $3,217 Woodson $122 La Villa $572 Woodville $20,340 La Ward $321 Woodway $25,713 LaCoste $159 Wortham $376 Lacy-Lakeview $11,599 Wylie $114,708 Ladonia $2,011 Yantis $2,072 Lago Vista $13,768 Yoakum County $34,924 Laguna Vista $3,689 Yoakum $20,210 Lake Bridgeport $232 Yorktown $5,447 Lake City $2,918 Young County $44,120 Lake Dallas $25,314 Zapata County $56,480 Lake Jackson $75,781 Zavala County $38,147 Lake Tanglewood $613 Zavalla $1,088 Lake Worth $20,051 EXHIBIT C Exhibit C: TX Opioid Council & Health Care Region Allocations plus Administrative Costs 70% of Total ($700 million) Health Care Region Allocation*: $693 million; Administrative Costs: $7 million Region Counties in Health Care Region Allocation 1 Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola, Rains, Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood $38,223,336 2 Angelina, Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler $54,149,215 3 Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton $120,965,680 4 Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes, Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugio, San Patricio, Victoria $27,047,477 5 Cameron, Hidalgo, Starr, Willacy $17,619,875 6 Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall, Kerr, Kinney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala $68,228,047 7 Bastrop, Caldwell, Fayette, Hays, Lee, Travis $50,489,691 8 Bell, Blanco, Burnet, Lampasas, Llano, Milam, Mills, San Saba, Williamson $24,220,521 9 Dallas, Kaufman $66,492,094 10 Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise $65,538,414 11 Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan, Palo Pinto, Shackelford, Stephens, Stonewall, Taylor $9,509,818 12 Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum $23,498,027 13 Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos, Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green $5,195,605 14 Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving, Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler $12,124,354 15 El Paso, Hudspeth $17,994,285 16 Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $9,452,018 17 Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington $23,042,947 18 Collin, Denton, Grayson, Rockwall $39,787,684 19 Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jack, Montague, Throckmorton, Wichita, Wilbarger, Young $12,665,268 20 Jim Hogg, Maverick, Webb, Zapata $6,755,656 Administrative Costs $7,000,000 * Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 11/1/2021 Type Approval of Minutes Department Library Title Colleyville Library Board Minutes - August 9, 2021 Attachments 1.Library Board Minutes - August 9, 2021 - Approved RESOLUTION R-21-4668 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 1, 2021 WHEREAS, City 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 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 1ST DAY OF NOVEMBER 2021. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor