HomeMy WebLinkAboutCity Council-Agenda Packets-8/15/2023City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL AGENDA
100 Main Street, Colleyville, Texas, 76034
TUESDAY, AUGUST 15, 2023
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Presentation and discussion of the 5-year Drainage Capital Improvement
Program
WS-2 Presentation and discussion regarding development of the Northern
Gateway
WS-3 Discussion of median tree lighting
WS-4 Recreation Center update
WS-5 Discussion of the August 15, 2023, City Council regular agenda items
1.EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with the City Attorney regarding
items on the agenda or for matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Texas Code
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities
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
7:00 P.M.
CITY COUNCIL CHAMBERS
City Council Agenda August 15, 2023
City of Colleyville Page 2
INVOCATION: Neda Moayad and Martin Schmidt, Baha'i Community
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-23-4867
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4868
4a Approval of the minutes of the regular City Council meeting of August
1, 2023
4b Adoption of the Drainage Master Plan
4c Approval of an Interlocal Agreement between the City of Colleyville
and the Grapevine Colleyville Independent School District for School
Resource Officers
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - July 2023
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-23-2247
Consideration of a change in zoning from CC-1 Village Retail district to
PUD-C Planned Unit Development – Commercial district on Lot 1,
Block 1, of the Tutun Addition and a portion of Lot 1, Block 1, Bokju
Family Addition, located at 5311 and 5309 Colleyville Boulevard, Case
ZC23-014
6b Ordinance O-23-2248
Amending Chapter 98, Article IV, Section 98-104 of the Colleyville
Code of Ordinances, “Schedule of Drainage Charges”
6c Ordinance O-23-2249
An ordinance granting a franchise to Atmos Energy Corporation, Mid-
Tex Division, for a term of twenty (20) years beginning January 1,
2024, to allow Atmos to provide gas utility services within the City of
Colleyville, and providing for a franchise fee for use of the City's
Rights-of-Way
City Council Agenda August 15, 2023
City of Colleyville Page 3
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-23-4869
Approval of a proposal to set the ad valorem tax rate for Fiscal Year
2024 at $0.260991 per hundred dollars of valuation
8. CITIZEN COMMENTS
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
AUGUST 15, 2023 - READING AND PUBLIC HEARING - RESOLUTION
R-23-4870
10. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 11,
2023 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
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 BRIEFING
Agenda Number WS-1 Agenda Date 8/15/2023
Type Worksession
Department Public Works
Title
Presentation and discussion of the 5-year Drainage Capital Improvement Program
Explanation
This item provides for staff to present the 5-year Drainage Capital Improvement
Program which will be part of the Drainage Master Plan.
Attachments
1. Drainage Presentation
2. 5 Year Drainage CIP
5-Year Drainage CIP
August 15, 2023
Drainage Master Plan Recap
§Identified and evaluated flood risks at public roadway
crossings at FEMA designated creeks and tributaries
§Developed a Prioritized Implementation Plan
§Evaluated maintenance conditions of roadway culverts
and erosion issues
§Provided a framework for the City to update annually
The Drainage
Master Plan
identified
projects
totaling
approximately
$44
million
Drainage Fee Summary (next 3 years)
Flat Drainage Fee Revenue Forecast
FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31
CIP $743,757 $1,001,001 $1,257,425 $1,230,251 $1,203,225 $1,174,128 $1,140,123 $1,104,763
Operating $713,386 $747,570 $782,575 $819,949 $857,226 $896,625 $930,630 $965,990
Total $1,457,143 $1,748,571 $2,040,000 $2,050,200 $2,060,451 $2,070,753 $2,070,753 $2,070,753
5 – Year Drainage CIP
YEAR CIP PROJECT
AMOUNT
DRAINAGE FEE
CIP REVENUE
REMAINING
BALANCE
FY24
Beginning Balance $1,306,844
FY24 $1,100,000 $743,757 $950,601
FY25 $475,000 $1,001,001 $1,476,602
FY26 $1,375,000 $1,257,425 $1,359,027
FY27 $1,500,000 $1,230,251 $1,089,278
FY28 $1,600,000 $1,203,225 $692,503
TOTAL $6,050,000 $5,435,659
FY2024
Year Item Description FY24 Cost
FY24 Beginning Balance $1,306,844
Drainage Fee CIP Revenue $743,757
2024 Drainage Improvements Annual Allotment ($200,000)
2024 Water Project 11 Tinker Rd Construction ($300,000)
2024 Water Project 18 Pecan Park Estates Phase I Construction ($600,000)
FY24 Total ($1,100,000)
Remaining Balance $950,601
Pecan Park Phase II (2025
Construction)
90% Plans
Utility relocation underway
Estimated $200,000
Pecan Park Phase I (2024
Construction)
90% Plans
Utility relocation underway
Estimated $600,000
Tinker Road Drainage
Improvements
(2024 Construction)
Utility relocation underway
Estimated $300,000
Tinker Road and Pecan Park Estates
*Estimated amounts shown
are the portion of the project
to be funded by the Drainage
Capital Fund
FY2025
Year Item Description FY25 Cost
FY25 Beginning Balance $950,601
Drainage Fee CIP Revenue $1,001,001
2025 Drainage Improvements Annual Allotment ($100,000)
2025 Water Project 18 Pecan Park Estates Phase II Construction ($200,000)
2025 Wagonwheel and Chisholm
Design – Neighborhood improvements
to internalize surface flor from the
neighborhood to Windswept Trail ($75,000)
2025 Bandit Improvements
Design – Neighborhood improvements
to internalize surface flow from Bandit
Trail north to an existing pond (100,000)
FY25 Total ($475,000)
Remaining Balance $1,476,602
Bandit Improvements (2025
Design and 2026 Construction)
Estimated $625,000
Existing 21” Storm Sewer and
Overland Channel
Wagonwheel, Chisolm and Bandit
Wagonwheel and Chisolm (2025
Design and 2026 Construction)
Estimated $825,000
FY2026
Year Item Description FY26 Cost
FY26 Beginning Balance $1,476,602
Drainage Fee CIP Revenue $1,257,425
2026 Drainage Improvements Annual Allotment ($100,000)
2026 Wagonwheel and Chisolm
Construction - Neighborhood
improvements to internalize surface
flor from the neighborhood to
Windswept Trail
($525,000)
2026 Bandit Improvements
Construction - Neighborhood
improvements to internalize surface
flow from Bandit Trail north to an
existing pond
(750,000)
FY26 Total ($1,375,000)
Remaining Balance $1,359,027
FY2027
Year Item Description FY27 Cost
FY27 Beginning Balance $1,359,027
Drainage Fee CIP Revenue $1,230,251
2027 Drainage Improvements Annual Allotment ($100,000)
2027 Tributary Little Bear 2 Crossing (Glade Rd)
Design & Construction
1 - 10’X4’ RCB 5 – 10’X4’ RCB (100 yr)
Station 2921
($725,000)
2027 Jackson Creek Crossing (Cheek-Sparger)
Design & Construction
1 – 7’X5’ RCB 2 – 7’X7’ RCB (100 yr)
Station 2653
(675,000)
FY27 Total ($1,500,000)
Remaining Balance $1,089,278
Tributary Little Bear 2 (Glade Rd) and Jackson Creek
(Cheek Sparger Rd)
STA. 2653 Cheek-Sparger Rd
Crossing
Ex. Culvert Size 1-7’X5’ RCB
Prop. Size 2-7’X7’ RCB (100YR)
OPCC $675,000 (2027)
STA. 2921 Glade Rd
Ex. Culvert Size 1-10’X4’ RCB
Prop. Size 5-10’X4’ RCB
(100YR)
OPCC $725,000 (2027)
FY2028
Year Item Description FY28 Cost
FY28 Beginning Balance $1,089,278
Drainage Fee CIP Revenue $1,203,225
2028 Drainage Improvements Annual Allotment ($100,000)
2028 Bedford Rd Low Water Crossing at Little Bear
Creek
Design
66’ Bridge 8 – 12’X10’ RCB (100 yr)
Station 40782.5
$575,000
2028 Windmere Creek (Cheek-Sparger Road)
Design & Construction
3 – 48” RCP 3 – 7’X4’ RCB (100 yr)
Station 1930
$925,000
FY28 Total ($1,600,000)
Remaining Balance $692,503
STA. 1930 Cheek-Sparger Rd
Crossing
Ex. Culvert Size 3-48” RCP
Prop. Size 3-7’X4’ RCB (100YR)
OPCC $925,000 (2028)
STA. 40782.5 Bedford Rd Crossing
Ex. Size 66’ Bridge
Prop. Size 8-12’X10’ RCB (100YR)
Flood Plain width 1300’
Design $75,000 (2028)
Seeking Grants for Construction
$4,000,000+
Bedford Road and Windmere Creek (Cheek-
Sparger Rd)
Future Identified Projects
*Cost estimate is in FY29 dollars
Future Identified Projects Continued
*Cost estimate is in FY29 dollars
Low Water Crossings
Year Item Description Cost in FY23 Dollars
Future Bedford Rd at Little Bear Creek
Construction
66’ Bridge 8 – 12’X10’ RCB (100 yr)
Station 40782.5
$3,100,000
Future Oak Knoll Drive at Oak Knoll Creek
Design & Construction
2 – 6’ X 3’ RCB 6 – 7’ X 7’ RCB (100 yr)
Station 1124
$1,875,000
Future Oak Knoll East at Little Bear Creek
Design & Construction
8 – 12’ X 12’ RCB (100 yr)
Station 323945
$4,000,000
Future Oak Knoll West at Chelsea Creek
Design & Construction
5 – 12’ X 4” RCB (100 yr)
Station 943
$4,000,000
Future Cheshire at Little Bear Creek
Design & Construction
7 – 12’ X 12’ RCB (100 yr)
Station 35551
$4,000,000
Future Martin at Little Bear Creek
Design & Construction
9 - 12’ X 12’ RCB (100 yr)
Station 25110
$6,000,000
Jackson at Little Bear Creek No recommendation due to hydraulic constraints
$22,975,000*All creek crossings identified as high priority
Sta. 40782.5 Bedford Rd.
(Low Water Crossing)
Sta. 943 Oak Knoll Dr.
(Low Water Crossing)
Sta. 32395 Oak Knoll Dr.
(Low Water Crossing)Sta. 1124 Oak Knoll Dr.
(Low Water Crossing)
Sta. 30240 Jackson Rd.
(Low Water Crossing)
Sta. 35551 Cheshire Dr.
(Low Water Crossing)
Sta. 25110 Martin Dr.
(Low Water Crossing)
Low Water Crossings
FY24FY25FY26FY27FY28FY29FY30FY31743,757.00$ 1,001,001.00$ 1,257,425.00$ 1,230,251.00$ 1,203,225.00$ $ 1,174,128.00 $ 1,140,123.00 $ 1,104,763.00 Schedule Year Name of Project/CreekOverall Rating Existing Size StationProposed SizeDescriptionCostRevenue Remaining BalanceFY24Beginning Balance1,306,844$ 2024Drainage Improvements Annual allotment $ 200,000 2024 Water Project 11 Tinker Rd CONSTRUCTIONDrainage $ 300,000 2024 Water Project 18 Pecan Park Estates Phase I CONSTRUCTIONDrainage $ 600,000 2024 Total $ 1,100,000 743,757$ 950,601$ 2025 Drainage Improvements Annual allotment $ 100,000 2025 Water Project 18 Pecan Park Estates Phase II CONSTRUCTION $ 200,000 2025 Wagonwheel and Chisolm DESIGN HighNANANANeighborhood improvements consisting from internalizing surface flow from the neighborhood to Windswept Trail. $ 75,000 2025 Bandit Improvements DESIGNHighNANANANeighborhood improvements consisting from internalizing surface flow from Bandit Trail north to an existing pond. $ 100,000 2025 Total $ 475,000 1,001,001$ 1,476,602$ 2026 Drainage Improvements Annual allotment $ 100,000 2026 Bandit Improvements CONSTRUCTIONHighNANANA Neighborhood improvements consisting from internalizing surface flow from Bandit Trail north to an existing pond. $ 525,000 2026 Wagonwheel and Chisolm CONSTRUCTIONHighNANANANeighborhood improvements consisting from internalizing surface flow from the neighborhood to Windswept Trail. $ 750,000 2026 Total $ 1,375,000 1,257,425$ $1,359,0272027 Drainage Improvements Annual allotment $ 100,000 2027 Tributary Little Bear 2 DESIGN & CONSTRUCTIONHigh1‐10’x4’ RCB29215‐10’x4’ RCBGlade Road Minor Arterial $ 725,000 2027 Jackson High1‐7'X5' RCB26532‐7'x7' RCB (100yr)Cheek‐Sparger Road Minor Arterial Culvert Crossing, Design/Construction $ 675,000 2027 Total $ 1,500,000 1,230,251$ 1,089,278$ 2028 Drainage Improvements Annual allotment $ 100,000 2028 BEDFORD RD LOW WATER CROSSING Little Bear Creek DesignHigh66' Bridge40782.58‐12'x10' RCB (100yr) Bedford Road Minor Collector $ 575,000 2028 Windmere Creek DESIGN & CONSTRUCTIONHigh3‐48" RCP19303‐7'X4' RCB (100yr)Cheek‐Sparger Road Minor Arterial Culvert Crossing, Design/Construction $ 925,000 2028 Total $ 1,600,000 1,203,225$ 692,503$ 2024‐2028 TOTAL $ 6,050,000 ExistingProposedFuture Trib. Little Bear 1High3‐78" RCP40383‐7'x7' RCB (100yr)Hearthside Drive Residential Road Funds to be provided by Grapevine $950,000 FutureTrib. Little Bear 1 (Coordinate with Grapevine)High3‐72" RCP44514‐8'x7' RCB (100yr)Design ‐ Willow Lane Residential Road. Backwater effect from downstream culvert. Would need to upsize downstream $ 250,000 Future BransfordHigh3‐5'x4' RCB19963‐10'x4' RCB (100yr)Design & Construction, Glade Road Crossing $ 375,000 Future Trib. Little Bear 1 (Coordinate with Grapevine)High3‐72" RCP44514‐8'x7' RCB (100yr)Construction ‐ Willow Lane Residential Road Crossing $ 1,500,000 Future West White Chapel CreekMedium‐High 1‐8'X3' RCB10903‐8'X3' RCB (50 Year)Design & Construction John McCain Road Major Collector $ 500,000 Future McCain CreekMedium 2‐42" RCP25633‐4'x3' RCB (100yr)Design & Construction John McCain Road Major Collector $ 600,000 Future East White Chapel CreekMedium 1‐9'X5' RCB13022‐9'x5' RCB (100yr)Design & Construction John McCain Road Major Collector $ 625,000 Future Jackson CreekMedium 3‐9'X5' RCB9085‐9'x5' RCB (Total)Design & Construction Sherwood Lane Residential Road $ 900,000 Drainage Fee Revenue Forecast
Schedule Year Name of Project/CreekOverall Rating Existing Size StationProposed SizeDescriptionCostRevenue Remaining BalanceFuture Meadow CreekMedium 2‐4'X2' RCB75704‐6'x3' RCB (100yr)Design & Construction Lavaca Trail (Asphalt) Minor Collector $ 800,000 Future Meadow CreekMedium to Low 1‐60" RCP32414‐10'x5' RCB (50yr)Design & Construction Kirk Road Residential Connector $ 1,025,000 Future Thompson TerraceMedium 2‐9'X9' RCB24873‐9'x9' RCB (100yr)Design & Construction Thompson Terrace of crossing $ 1,725,000 Future Green Meadow (Multi‐Phase)Design & Construction ‐ Retaining wall system along Little Bear Creek to protect against erosion currently impacting existing residential structures $ 2,250,000 Future LD Lockett/Shelton Design & Construction ‐ Storm water conveyance system to convey water from LD Lockett to Pleasant Run Rd $ 675,000 Future Bransford CreekLower Priority 2‐30" RCP32913‐6'x3' RCB (100yr)Design & Construction Tennis Court Entrance $ 675,000 Future Bransford CreekLower Priority 1‐42" RCP28312‐6'x3' RCB (10yr)Design & Construction Lloyd Circle Residential Road (2 lane undivided) $ 625,000 Future Bransford CreekLower Priority 2‐36" RCP10053‐8'x3' RCB (10yr)Design & Construction Black Drive Residential Road (2 lane undivided) $ 375,000 Future Tributary Little Bear 1Medium 6‐10'X6' RCB9597‐10'x6' RCBDesign & Construction Queensbury Way Residential Road (2 lane undivided) $ 750,000 Future Tributary Little Bear 1Medium 3‐72" RCP55913‐7'x7' RCB (100yr)Design & Construction Summertree Lane Residential Road (2 lane undivided) $ 825,000 Future Tributary Little Bear 2Lower‐Medium 3‐36" RCP120833‐54" (100yr)Design & Construction Mustang Trail Residential Road (2 lane undivided) $ 675,000 Future Tributary Little Bear 8Lower Priority 1‐24" RCP7834‐4'x2' RCB (100yr)Black Drive Residential Road (2 lane undivided) $ 425,000 Pecan CreekLower Priority 1‐60" RCP57316‐6'x6' RCB (100yr)Private Drive *Private drives not funded by City. Identified to assist citizens. $ 1,250,000 Chelsea CreekLower Priority 3‐8'X7' RCB30976‐8'x7' RCB (100yr)Private Drive *Private drives not funded by City. Identified to assist citizens. $ 1,100,000 Future BEDFORD RD LOW WATER CROSSING Little Bear Creek Phase 1High66' Bridge407838‐12'x10' RCB (100yr) Bedford Road Minor Collector $ 1,550,000 Future BEDFORD RD LOW WATER CROSSING Little Bear Creek Phase 2High66' Bridge407838‐12'x10' RCB (100yr) Bedford Road Minor Collector $ 1,550,000 Futute Oak Knoll Drive DESIGNHigh2‐6'X3' RCB11246‐7'x7' RCB (100yr)Oak Knoll Drive Residential Road $ 250,000 Future Oak Knoll Creek Phase I CONSTRUCTIONHigh2‐6'X3' RCB11246‐7'x7' RCB (100yr)Oak Knoll Drive Residential Road $ 812,500 Future Oak Knoll Creek Phase II CONSTRUCTIONHigh2‐6'X3' RCB11246‐7'x7' RCB (100yr)Oak Knoll Drive Residential Road $ 812,500 Future Oak Knoll East32412.58 ‐ 12' X 12'Oak Knoll East‐ Little Bear Creek $ 4,000,000 Future Oak Knoll West Low Water Crossing9435 ‐ 12' X 4'Oak Knoll West ‐ Chelsea $ 4,000,000 Future Cheshire35517 ‐ 12' X 12'Cheshire ‐ Little Bear Creek $ 4,000,000 Future Martin251109 ‐ 12' X 12'Martin ‐ Little Bear Creek $ 6,000,000 Future Jackson ‐ No recommendation was provided, hydraulic constraints30240‐Jackson ‐ Little Bear Creek $ ‐ *All creek crossings are identified as high priority
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-2 Agenda Date 8/15/2023
Type Worksession
Department City Manager
Title
Presentation and discussion regarding development of the Northern Gateway
Explanation
This item provides for staff to discuss the development of the Northern Gateway.
Attachments
1. Northern Gateway Property Development Proposal
NORTHERN GATEWAY
PROPERTY DEVELOPMENT
PROPOSAL
City Council Worksession
August 15, 2023
Site Details
•37 acres
•SWC John McCain/SH26
•~1,350 feet SH26 frontage
•Current Zoning CC-2 and
ML
•Two transactions in 2020
•Total purchase price -
$8.4M
•Total appraisal value -
$9.2M
For Comparison
•Town Center Colleyville
(Market Street center)
including all out-lots
•31.5 acres
•Similar SH26 frontage
•Similar depth
DEVELOPMENT
PROPOSAL
•Staff has worked with Harvest MXD on a
development proposal
•Goal - understand the market viability
and suitability of the property and, if
viable and suitable, solicit proposals
from the development community
•Proposal broken out by milestones
•Strategic planning and marketing materials -
$30,000
•Solicitation of initial proposals / proposal
analysis / solicitation of formal proposals -
$150,000
•Formal proposal evaluation / selection of
master developer - $50,000
•Contract negotiation and execution - $25,000
•Project can stop at any milestone
DISCUSSION AND QUESTIONS
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-3 Agenda Date 8/15/2023
Type Worksession
Department City Manager
Title
Discussion of median tree lighting
Explanation
This agenda item provides for a discussion of additional Christmas lights on SH26.
Attachments
1. Median Tree Lights Presentation
Christmas Lights!
City Council Worksession
August 15, 2023
Garland & Light Wrapped Poles
2022
•Added garland and light
wrapped poles from Glade
to Hall Johnson
2023
•Add lights to wrap median
trees? (Approx. $40K)
•Currently the medians
from Glade to Church
have power
Consideration for 2023
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-4 Agenda Date 8/15/2023
Type Worksession
Department City Manager
Title
Recreation Center update
Explanation
This item provides for a staff update on the Recreation Center since the March 7, 2023
presentation. This presentation will include construction updates and gym design
options.
Attachments
1. Recreation Center Update Presentation
Recreation Center Update
City Council Worksession
August 15, 2023
Timeline
•November 2022 – Professional Services
Agreement with Brinkley Sargent Wiginton
Architect (BSW) provided an assessment of
the current building (roof, mechanical,
engineering, plumbing, and accessibility).
•December 8, 2022 – Closed on the future
Recreation Center
•March 2023 – Professional Services
Agreement with BSW for the design and
construction administration services for the
Recreation Center Renovation Project
•July 2023 – Began construction on
administrative offices (in-house team)
•September 2023 – Roof goes out for bid
•October 2023 – Conversion of worship
space to gym goes out for bid
•December 2023 – Construction on new
gym begins
•Summer 2024 – Recreation Center opens
Phase I
Construction Elements:
•Repair / replace roof•Renovate the interior to provide a full-size gym•House all of the recreation programming from youth to adults•Renovate space to provide administrative offices and control desks (in-house)•Install a wrought iron fence with stone columns along Glade Road (southern aspect of
open space)•Install signage at corner of Glade & Roberts and on building•Landscape improvements throughout the exterior of the facility
Operational Elements:•Staffing the facility•Policies and procedures•Programming
Park Board:•Met in July to begin planning for future expansion/amenities•Plan to discuss with Council in October/possible future joint work session
Summer 2023:•Rec programming is already utilizing the building with camps and classes this summer
Administrative Offices
Gym Design Option 1
Gym Design Option 2
Gym Design Option 3
Gym Design Options
Questions and Discussion
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-5 Agenda Date 8/15/2023
Type Worksession
Department City Secretary
Title
Discussion of the August 15, 2023, City Council regular agenda items
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 1 Agenda Date 8/15/2023
Type Executive Session
Department City Secretary
Title
Section 551.071 - Legal - Consultation with the City Attorney regarding items on the
agenda or for matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551 of the Texas Code
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of
real property for City facilities
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-23-4867
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF AUGUST 15, 2023
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 15TH DAY OF
AUGUST 2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
RESOLUTION R-23-4868
APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT
THE REGULAR CITY COUNCIL MEETING OF AUGUST 15, 2023
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
August 1, 2023
b. Adoption of the Storm Drainage Master Plan
c. Approval of an Interlocal Agreement between the City of
Colleyville and the Grapevine Colleyville Independent School
District for School Resource Officers
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 15TH DAY OF AUGUST
2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL MINUTES
100 Main Street, Colleyville, Texas, 76034
TUESDAY, AUGUST 1, 2023
Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on
Tuesday, August 1, 2023, at 5:05 p.m.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and
Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and
Chuck Kelley.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Assistant Fire
Chief Tim Folden, Fire Battalion Chief Jeremy Lewis, Community Development
Director Ben Bryner, Environmental Compliance Officer Randy Bright, Public Works
Director Amber Beard, Community Engagement and Economic Development
Manager Chelsea Rose, City Attorney Whitt Wyatt, and City Secretary Christine
Loven.
Before the presentation on the certified tax roll and FY24 budget, Mayor
Lindamood offered comments on the City Council’s goals and objectives and the
revenue needs of the City.
WS-1 Presentation of the 2023 certified tax roll
Finance Director Kyle Lester provided an overview of the 2023 certified tax roll
which before moving on to the proposed FY24 budget presentation.
WS-2 Presentation of the proposed FY24 budget
Finance Director Kyle Lester presented the proposed FY24 budget and provided an
overview of the accomplishments of previous budgets. Director Lester reviewed
property values, the proposed tax rate, a years to year tax bill comparison, and
proposed revenues and expenditures by fund. He concluded by reviewing the
calendar dates the budget and tax adoption ordinances will come before the City
Council.
WS-3 Discussion of the City's Integrated Mosquito Program
City Engineer Larry Wright presented this item noting staff is recommending
updates to the program based on community, county, and expert
recommendations. He noted the primary change would be to remove language
regarding utilization of the BG Sentinal traps for the trapping of Aedes species at
City Council Agenda August 1, 2023
City of Colleyville Page 2
two static sites weekly and explained the Center for Disease stated the last
reported cases of a local Zika (Aedes species) transmission by mosquitos in the
United States was 2016-2017. Engineer Wright stated staff also suggests updating
the medium risk level response action to include adulticide application where a
virus has been detected at any test site on two separate occasions. He also noted
there is an item on the consent agenda to approve the changes.
WS-4 Discussion of School Resource Officer funding
Assistant City Manager Adrienne Lothery presented this item by providing the
background on the funding by the City of Colleyville and GCISD for providing three
Colleyville School Resource Officers at Colleyville Heritage High School and
Colleyville and Heritage Middle Schools. She noted Colleyville approved the
funding and hire of six new SRO positions last year in the CCCPD budget, prior to
any state requirements. Grapevine is adding SROs this year to provide one per
campus, and the funding for all new SROs will be 100% funded by GCISD.
Manager Lothery noted there are three options for funding the Colleyville SROs
which City Council could consider: No increase to GCISD costs for 2023-2024 as
the district budget has already been adopted; pass through all state funding for
SROs at Colleyville campuses, or phase-in the transition from City funding to
GCISD funding for remaining costs.
Following discussion, City Council stated the City will accept the state pass through
for this year and continue further negotiations with GCISD.
WS-5 Discussion of Household Hazardous Waste (HHW) disposal options
Assistant City Manager Adrienne Lothery presented this item and explained
Colleyville has had a contract with the Fort Worth Environmental Collection Center
for many years, which provided for citizens to drop off household hazardous waste
at their facility for safe disposal. The City has been notified of a price increase
from $50 per vehicle to $95 per vehicle. Manager Lothery noted the City’s contract
with CWD provides for the collection of both household hazardous and electronic
waste at door side, once per month and the current $0.74 fee is an included
charge on the utility bill, regardless of utilization frequency or amount.
The City Council directed staff to move forward with educating the public on how
to use the CWD service and not renew the contract with the Fort Worth
Environmental Collection Center.
WS-6 Discussion of the August 1, 2023, City Council regular agenda items
There was no discussion of this item.
City Council Agenda August 1, 2023
City of Colleyville Page 3
Mayor Lindamood adjourned the Worksession and called the Executive Session to
order at 6:30 p.m.
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with the City Attorney regarding
items on the agenda or for matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Texas Code
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities
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 Lindamood adjourned Executive Session at
6:58 p.m.
Mayor Lindamood called the regular meeting of the City Council to order at 7:03
p.m. and called the roll.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and
Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and
Chuck Kelley.
INVOCATION: Nathan Aviles, Bethel Methodist
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-23-4862
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
City Council Agenda August 1, 2023
City of Colleyville Page 4
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Lindamood and the City Council made announcements regarding City and
community events.
Mayor Lindamood stated the City is in the final stages of the budget and discussed
the City Council’s goals and objectives and the revenue needs of the City.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-
4863
4a Approval of the minutes of the regular City Council meeting of July 18,
2023
4b Approval of an agreement with Data Transfer Solutions, LLC to perform
a Pavement Condition Assessment, through the HGACBuy Cooperative
in an amount not to exceed $56,380.00, and authorizing the City
Manager to execute the agreement
4c Approval of an updated Integrated Mosquito Management Program
Mayor Lindamood read Resolution R-23-4863 in its entirety.
Public Works Director Amber Beard presented item 4b. which will provide for a
pavement condition assessment and Pavement Condition Index (PCI) for every
public street in the City.
In answer to questions by the City Council, Director Beard stated all streets in the
City will be assessed, but bridges are not.
City Engineer Larry Wright presented item 4c. which provides for staff initiated
changes to the Mosquito Management Program which was discussed in the
Worksession.
In answer to questions by the City Council, Engineer Wright stated there is no
standing contract with a vendor for fogging and there is a negligible effect to the
budget.
Mayor Lindamood opened and closed the public hearing without speakers.
Councilmember Graves made a motion to approve Resolution R-23-4863,
seconded by Mayor Pro Tem Rigney.
City Council Agenda August 1, 2023
City of Colleyville Page 5
The motion was approved by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers
Elder, Bond, Richardson, Graves, and Kelley.
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-23-2246
Approval of the Fiscal Year 2024 Colleyville Crime Control and
Prevention District budget
Mayor Lindamood read the caption of Ordinance O-23-2246.
Police Chief Michael Miller noted this will be the fourth time City Council has heard
this presentation and he will try to keep it brief. Chief Miller reviewed the history
of the CCCPD, provided updates on initiatives from previous fiscal years which
included funding for the addition of six School Resource Officers (SROs), the
CAD/RMS System replacement, CALEA Accreditation, mobile field force training
and Justice Center security enhancement.
Chief Miller reviewed the FY2024 budget noting there is only one new funding
request, for an enhanced health screening program for officers. He stated the life
expectancy of police officers is 21.9 years less than the civilian population and the
budget request of an additional $27,350 per year would provide for specifically
tailored assessments for first responders.
Chief Miller concluded the presentation by reviewing the ongoing initiatives
provided for in the FY24 and thanking the City Council and City Administration for
the support provided to the department.
Mayor Lindamood opened and closed the public hearing without speakers.
Mayor Pro Tem Rigney made a motion to approve Ordinance O-23-2246,
seconded by Councilmember Kelley.
The motion was approved by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers
Elder, Bond, Richardson, Graves, and Kelley.
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-23-2247
Consideration of a change in zoning from CC-1 Village Retail district to
PUD-C Planned Unit Development – Commercial district on Lot 1, Block
City Council Agenda August 1, 2023
City of Colleyville Page 6
1, of the Tutun Addition and a portion of Lot 1, Block 1, Bokju Family
Addition, located at 5311 and 5309 Colleyville Boulevard, Case ZC23-
014
Mayor Lindamood read the caption of Ordinance O-23-2247.
Community Development Director Ben Bryner presented this zoning request which
would allow for PUD-C with three deviations from the Land Development Code.
The City Council discussed the non-conforming sign, enhanced landscaping along
the Colleyville Boulevard frontage, and wood fencing between adjacent uses.
Gerald Ward, architect, and Jim Connally, owner, were present to answer
questions of the City Council. Mr. Ward stated the wood fencing would be put in
place and the parking area would have to be reworked to provide for the
landscaping.
Mayor Lindamood opened and closed the public hearing without speakers.
This was a first reading, therefore, no action was taken.
6b Ordinance O-23-2248
Amending Chapter 98, Article IV, Section 98-104 of the Colleyville Code
of Ordinances, “Schedule of Drainage Charges”
Mayor Lindamood read the caption of Ordinance O-23-2248.
Public Works Director Amber Beard presented this item and noted at the July 18,
2023 City Council Worksession, staff reviewed the Stormwater Master Plan , which
included the drainage fee summary for the next three years. At the direction of the
City Council, this ordinance authorizes an overall increase to the fee for the next
three years. Director Beard noted there has been no increase to the drainage fee
for 18 years.
Mayor Lindamood opened and closed the public hearing without speakers.
This was a first reading, therefore, no action was taken.
6c Ordinance O-23-2249
An ordinance granting a franchise to Atmos Energy Corporation, Mid-Tex
Division, for a term of twenty (20) years beginning January 1, 2024, to
allow Atmos to provide gas utility services within the City of Colleyville,
and providing for a franchise fee for use of the City's Rights-of-Way
City Council Agenda August 1, 2023
City of Colleyville Page 7
Assistant City Manager Adrienne Lothery presented this item which provides for a
20-year franchise agreement with Atmos Energy.
Mayor Lindamood opened and closed the public hearing without speakers.
This was a first reading, therefore, no action was taken.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-23-4864
Consideration of a minor plat with a plat waiver for lot size and lot width
on Tract 6B01F, Abstract 328, of the Cotrail Simon Survey, located at
4704 Behrens Road, Case PC23-004
Mayor Lindamood read Resolution R-23-4864 in its entirety.
Community Development Director Ben Bryner presented this item noting there are
two waivers requested for lot size and width. Director Bryner stated it is because
of the requested waivers the item is being brought to City Council, when they
usually do not see minor plats.
Mayor Lindamood opened the public hearing without anyone wishing to speak.
Present but not wishing to speak in support of this item were W.S. and Sarah
Huggins, 4707 Behrens Road.
Councilmember Elder made a motion to approve Resolution R-23-4864,
seconded by Councilmember Bond.
The motion was approved by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers
Elder, Bond, Richardson, Graves, and Kelley.
7b Resolution R-23-4865
Denial of Oncor Electric Delivery Company LLC's application for approval
of a Distribution Cost Recovery Factor (DCRF) seeking to increase electric
distribution rates within the City
Mayor Lindamood read Resolution R-23-4865 in its entirety.
Assistant City Manager Adrienne Lothery presented this item which provides for
the City to deny Oncor’s request to increase rates within the City of Colleyville.
Mayor Lindamood opened and closed the public hearing without speakers.
City Council Agenda August 1, 2023
City of Colleyville Page 8
Councilmember Graves made a motion to approve Resolution R-23-4865,
seconded by Councilmember Elder.
The motion was approved by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers
Elder, Bond, Richardson, Graves, and Kelley.
8. CITIZEN COMMENTS
Larry Abbott, 1712 Arthur Drive, spoke regarding removing a tree from his
property.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
AUGUST 1, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-
23-4866
This resolution was not needed.
10. ADJOURNMENT
There being no further business before the City Council, Mayor Lindamood
adjourned the meeting without objection by the City Council at 8:34 p.m.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 15TH DAY OF AUGUST
2023.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 4b Agenda Date 8/15/2023 Number
Type Resolution
Department Engineering
Title
Adoption of the Drainage Master Plan
Explanation
Reading and Public Hearing
The City entered into a Professional Services Agreement with Kimley-Horn and
Associates, Inc. on July 17, 2018, to develop a Drainage Master Plan. To ensure the
plan is as comprehensive and complete as possible, two public meetings were held on
January 30, 2019 and October 3, 2019. Topics of discussion included an overview of the
study area and defined ‘flooding’ to distinguish between public and private storm water
drainage issues; results of the major culvert crossings, maintenance evaluation, and
feedback from the community.
The initial phase of the study included the review of the existing drainage
system conditions, which included the evaluation of over 130 roadway crossings,
neighborhood evaluations, and six low water crossings.
Kimley-Horn applied a prioritization matrix and ranking criteria to the projects
to develop a comprehensive overall project prioritization listing. The project list
includes the major culvert crossings evaluation of (public, non-bridge structures)
neighborhoods, low water crossings, and erosion control projects. The project list
does not include maintenance activities.
Staff recommends the adoption of the Drainage Master Plan as the plan will guide the
City in drainage project development and execution.
The Drainage Master Plan can be found at the following link:
https://colleyville.files.com/f/1a7e4c0ac85122d5.
Financial Impact
As projects are identified, the funding source will be the Drainage Capital Projects fund.
Recommendation
Approve
Attachments
1. City of Colleyville Drainage Master Plan Link
City of Colleyville Drainage Master Plan
https://colleyville.files.com/f/1a7e4c0ac85122d5
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 4c Agenda Date 8/15/2023 Number
Type Resolution
Department Police
Title
Approval of an Interlocal Agreement between the City of Colleyville and the Grapevine
Colleyville Independent School District for School Resource Officers
Explanation
Reading and Public Hearing
The attached Interlocal Agreement between the City and GCISD for School Resource
Officers is a one year, automatically renewing agreement drafted by the City's attorney,
Police Department, and City Office. The ILA states the Colleyville Police Department will
assign SRO’s to every GCISD campus and GCISD will provide office space, furniture,
and school radios. There will be no increase to GCISD costs for 2023-2024 as the
GCISD budget is already adopted.
The ILA provides the training requirements and duties of SRO’s, the role of the SRO
supervisors, performance feedback, work hours, etc. and codifies previously agreed to
funding for the middle school SRO’s in the amount of $132,660 for this fiscal year, while
requesting any funding received by GCISD, specifically for SRO funding, to be passed
along to the City.
This ILA has been approved by GCISD and will become effective upon City Council
approval.
Recommendation
Approve
Attachments
1.ILA City and GCISD - SRO's Presentation
2.Interlocal Agreement City-GCISD for SROs
•One (1) year, automatically renewing, agreement drafted by Colleyville City Attorney,
Police Department, and City Manager’s Office.
•CPD will assign SRO’s to every GCISD campus and GCISD will provide office space,
furniture, and school radios.
•No increase to GCISD costs for 2023-2024; District budget is already adopted.
•The agreement lays out the training requirements, duties of SRO’s, the role of the
SRO supervisors, performance feedback, work hours, etc.
•It codifies previously agreed to funding for the Middle School SROs in the amount of
$132,660 for this FY and requests any funding received by the District, specifically for
SRO funding, to be passed along to the City.
•Future year transition funding options will be discussed in follow-up conversations.
4c. Interlocal Agreement with GCISD
1
STATE OF TEXAS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
This Interlocal Cooperation Agreement (“Agreement”) is made by and between the City of
Colleyville, Texas (“CITY”) and Grapevine-Colleyville Independent School District
(“DISTRICT”), (individually as the “Party” or collectively as the “Parties”), acting by and through
their authorized representatives.
WHEREAS, the Interlocal Cooperation Act, Chapter 791, Government Code, authorizes
local governments to contract with one another for the performance of governmental functions and
services, and
WHEREAS, the CITY and the DISTRICT desire to enter into an agreement for the
purpose of providing police services to DISTRICT by CITY, as hereinafter set out in the body of
this agreement,
NOW, THEREFORE, CITY and DISTRICT do hereby contract, agree, and covenant for
good and valuable consideration the mutual promises and agreements made in the body of this
agreement, as follows:
I. TERM; EARLY TERMINATION
A.The initial term of this Agreement shall commence on August 1, 2023, and ending
July 31, 2024. It shall thereafter automatically renew annually for additional one-year terms unless
either party shall request termination at least thirty (30) days in advance of the end of the term, in
writing to the other party.
B.Either Party may terminate the Agreement for convenience with sixty (60) days’
written notice to the other Party. In the event the agreement is terminated prior to the end of the
2
term year, the compensation provided in section IX shall be prorated to the date of termination.
II. AGREEMENT FOR SCHOOL RESOURCE OFFICERS
CITY agrees to assign police officers to serve as School Resource Officers (“SRO”) at all
DISTRICT campuses within the city limits of Colleyville. While nothing in this agreement shall
require the CITY to provide continuous police presence at each school campus during every school
day, and while the parties recognize that the SROs may need to be away from their designated
campus for court appearances, administrative duties, arrest processing, paid-time off or other
official duties as determined solely by the Chief of Police, it is the intent of the parties that the
SROs will use their best efforts to be on their designated campuses school days during each school
year. The CITY also agrees to use its best efforts to schedule training for the SROs on days and
hours outside of regular session school day and to ensure coverage when vacancies arise.
DISTRICT shall notify the CITY no less than thirty (30) before the beginning of the summer
school session if any of the Colleyville school locations will be used for the summer session during
that applicable term.
III. TRAINING AND EQUIPMENT
A. CITY shall provide all training and certifications required for the SROs to maintain
their qualification as a certified peace officers, State-required and Basic SRO training, a police
vehicle, and other police equipment including communication equipment necessary to allow each
SRO to communicate with the CITY’S Police Department and other officers.
B. As determined jointly by representatives from the DISTRICT and the CITY,
additional training to be provided by the DISTRICT, may include school values and mission; child
and adolescent development; cultural competency; positive behavioral supports, strategies, and
interventions; federal and state anti-discrimination and special education laws; the provisions of
Texas law pertaining to the use of seclusion and restraint by school personnel; trauma informed
practices; de-escalation techniques; compulsory attendance; suicide prevention; and school mental
health.
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C. DISTRICT shall provide all SROs with suitable office space, basic office furniture,
a telephone, a DISTRICT e-mail address, and a DISTRICT radio. The SRO will be required to
sign and comply with the DISTRICT Acceptable Use Agreement signed by all personnel regarding
the use of the DISTRICT computer networks and internet access. As a user of the DISTRICT’s
network, each SRO will be required to complete the annual State-required online training related
to cybersecurity topics, or provide proof of completion of said training through the CITY.
IV. DUTIES OF SCHOOL RESOURCE OFFICERS
A. The primary function of the SRO shall be to protect the safety of students and
faculty, provide campus security, investigate criminal offenses, and plan and participate in law
enforcement operations designed to prevent juvenile delinquency. Nothing contained herein shall
restrict an SRO's method of response during investigations of criminal activity or response to
behavior that violates criminal laws or threatens the safety of a student or others.
B. Specific Duties:
1. Checking and confirming that access points to the school grounds are locked
during the school day and assisting in limiting access to the school grounds
to authorized persons only. The parties understand that all cameras, doors,
and locks shall be maintained by the DISTRICT;
2. Providing police protection of school property, personnel, and students.
The parties understand that the SROs shall not be held responsible for
securing school property or any damage to school property;
3. Patrolling school property during school hours;;
4. Answering calls for assistance from school officials;
5. Investigating, detecting, and enforcing State and local criminal laws at
DISTRICT campuses and facilities and student-related criminal activity off
DISTRICT property, and serving as the liaison between the DISTRICT and
the Police Department and other agencies of the juvenile justice system as
determined by the Chief of Police, or their designee;
6. Making and preparing reports and documentation on criminal activities;
4
7. Making court appearances as necessary, related to events occurring within
the officers' jurisdiction as addressed herein;
8. Answering calls and assisting with the facilitation of dispute resolution
between students, students and school authorities, and parents and school
authorities;
9. Being available as a resource person to lead a discussion or offer
information on topics on which the officer has special competence due to
law enforcement training;
10. Providing a high visibility crime deterrent on school property in order to
effectively promote security and order in the schools;
11. Attending and assisting with school assemblies and special events during
school hours (or at other times approved by the SRO Supervisor), when
requested and available;
12. While on duty, assisting with traffic control and direction at assigned
campuses. If traffic control and direction are needed during times the
assigned SRO is off-duty or unavailable, the DISTRICT will notify the
assigned SRO of the dates and times when such assistance is needed. The
SRO shall contact the individual assigned at the CITY’s Police Department
to arrange for an officer to perform the traffic control and direction;
13. Being available to respond to a specific location upon request, when a
school official is conducting a search of a student and the school official has
reasonable grounds to believe that the search will discover evidence that the
student has violated or is violating the law.
14. Attending meetings as requested by the DISTRICT and approved by the
Chief of Police, or their designee; and
15 Completing other duties as requested by the DISTRICT and agreed upon by
the Chief of Police, or their designee.
C. Specific limitations:
1. SROs may assist with, but shall not be specifically assigned to perform
lunchroom duties, hall monitoring, bus duties, parking lot monitoring, or
5
any other duties which would restrict an officer's ability to investigate or
respond to threats to the school or criminal activity.
2. SROs will not enforce school rules, but may assist teachers and
administrators on the designated campuses or on other DISTRICT
properties in connection with the DISTRICT’S investigation of student
discipline matters. SROs will not administer discipline under the
DISTRICT’S Student Code of Conduct.
3. When School Administrators discuss school disciplinary matters with
students or parents, SROs may be requested to preserve the peace. While in
that capacity, a School Resource Officer will not intervene unless a criminal
violation is identified or observed, or if, in the SRO’s reasonable discretion,
intervention is necessary to maintain the safety of those present.
4. Any disputes regarding assigned duties and responsibilities will be resolved
between the District’s Director of Emergency Management & School
Security (“Director”), principal and the SRO’s supervisor. Should an
agreement not be reached, the dispute will be resolved between the
Superintendent of the DISTRICT or Designee and the CITY'S Chief of
Police or Designee.
V. CONFIDENTIALITY
A. In carrying out duties, SROs shall at all times recognize and respect the
confidentiality of student and education records and shall seek access to such records only in
accordance with the requirements of the Family Education Rights and Privacy Act, 20 U.S.C.
§1232g (''FERPA") and will not use education records (as that phrase is defined in DISTRICT
policy FL(Legal) and FERPA) or the information contained therein in connection with their police
activities and duties without first obtaining the consents or authorizations required by FERPA.
Copies of the DISTRICT polices FL(Legal) and FL(Local) are attached hereto as Exhibits A and
B, respectively.
B. The DISTRICT designates the SRO a “school official” as provided in FERPA, and
6
complimentary provision of the Texas Statutes. An SRO may be provided access to student records
information maintained by the school district only as needed by the SRO to perform his or her
duties as SRO. An SRO may also be granted access to student records information in the event of
an emergency situation threatening the health and safety of a student or other individual. The SRO
may only re-disclose student records information consistent with FERPA and Texas pupil records
law.
C. Records created and maintained by a SRO for the purpose of ensuring the safety
and security of persons or property in the school, district, or for the enforcement of local, state, or
federal laws or ordinances shall not be considered student records - even when such records may
serve the dual purpose of enforcing school rules - and are not subject to the same prohibitions of
access or disclosure by the SRO. (This provision does not prohibit school personnel from
complying with the notice and reporting requirements of seclusion or restraint of a student by the
SRO as specified in the Texas Statutes.)
VI. SCHOOL RESOURCE OFFICER DIRECTION AND SUPERVISION
A. Operational Supervision. The day-to-day operation and administrative control of
the SRO will be the responsibility of the CITY’s Police Department. The City’s Chief of Police,
or his/her designee, (hereinafter the “Chief”) may meet and confer with designated DISTRICT
personnel from time-to-time to establish mutually agreeable operational policies for the SRO;
provided, nothing in this Agreement shall affect the right and responsibility of the Chief to assign,
reassign, replace, discipline or otherwise supervise the activities of any individual SRO. While
the parties understand that continued assignment at a specific campus will be subject to
maintaining a satisfactory working relationship with the DISTRICT administration and campus
administration, nothing in this Agreement shall require the CITY to provide continuous twenty-
four (24) hour police presence on any particular DISTRICT facility nor shall obligate the CITY
to provide an SRO or other police presence at any school activities or events outside of regular
school hours. The SROs will at all times remain responsible for carrying out all duties and
responsibilities of a certified peace police officer for the State of Texas, and remain under the
primary control and supervision of the CITY’s Police Department.
7
B. SRO Supervision. Each SRO is assigned to an SRO Supervisor within the CITY’s
Police Department. The SRO Supervisor’s responsibilities will generally include, without
limitation, the following:
1. Serve as the liaison between DISTRICT administrative personnel and the CITY’s
Police Department;
2. Manage scheduling and work hours of the SROs, including all regular scheduling
duties such as requests for leave, modifications to work schedules, extra
assignments and overtime requests;
3. Review and approval of reports written by the SROs for school-related criminal
offenses;
4. Manage all SRO conduct and/or disciplinary matters concerning violation of the
Department’s General Orders, policies, rules, regulations and/or directives. SRO
Supervisors may request that the DISTRICT’s Director and principal of the school
provide formative and summative feedback to the SRO Supervisor to assist in
evaluations
5. Engage and/or coordinate official law enforcement action on any criminal matter
when appropriate.
C. Requests from DISTRICT. The principal may request specific assistance from
SROs, and SROs shall endeavor to provide such assistance, except to the extent this agreement
excludes such matters from the duties of SROs, or the SRO believes such request is contrary to
law or principles of good judgment; and further, provided that no specific assignments can be made
that would interfere with the officer's primary law enforcement, investigation, and security
responsibilities. The principal or his/her designated representative and the District’s Director shall
be notified by the assigned SRO of all custodial arrests or detentions that occur on the principal’s
campus. While SROs assist school officials as outlined in this agreement, they are first, and
foremost, police officers and employees of the CITY of Colleyville.
8
VII. SCHOOL RESOURCE OFFICER PERFORMANCE
If the Director or a principal is not satisfied with the performance of the SRO assigned to
his/her school, or has a concern regarding a specific incident, the principal should immediately
contact the SRO Supervisor. The SRO Supervisor will handle the inquiry or complaint per the
CITY Police Department’s adopted policies. The DISTRICT will have no authority to discipline
an SRO, or to take any other action other than to express concerns to the SRO Supervisor. All
issues of discipline, termination, or transfer of an SRO shall remain the exclusive province of the
CITY. The Superintendent and the Chief of Police or their designated representatives are
authorized to establish and modify rules and procedures concerning the SRO's duties and schedule
so long as they both agree on such changes in writing.
VIII. SCHOOL RESOURCE OFFICER WORK HOURS
CITY shall assign SROs to work primarily during the school day. Specific work hours will
be mutually agreed upon by the Director and campus school principal and SRO Supervisor.
IX. REMUNERATION FOR SERVICES
A. For the term of this Agreement, the DISTRICT and the CITY agree that the CITY
will provide SROs to the DISTRICT for the following schools:
1. Colleyville Heritage High School
2. Bridges / VISTA
3. Bransford Elementary School
4. Colleyville Elementary School
5. O.C. Taylor Elementary School
6. Glen Hope Elementary School
7. Colleyville Middle School
8. Heritage Middle School
B. The DISTRICT agrees to pay the amount of $132,660.00 to the CITY for the SROS
9
for Colleyville Middle School and Heritage Middle School no later than May 31, 2024.
C. In addition to the funds to be paid to the CITY as set forth in section B herein, it is
the intent of the Parties that any amounts received by the DISTRICT from the Texas Education
Agency (“TEA”) for SROs (school safety allotment) or any other grant funding sources for the
SRO Program for the schools listed in Section A herein shall be passed on to the
CITY. Therefore, DISTRICT shall notify the CITY in writing upon receipt of any TEA allotment
for SROs listed in Section A herein and shall pay CITY within thirty (30) days of receipt
of said amounts received the TEA. DISTRICT shall notify CITY in writing in the event that
DISTRICT does not receive the school safety allotment.
D. No later than ninety (90) days before the end of the first term of this Agreement,
the Parties shall review the current payment allocations and the CITY’s projected budget for SRO
personnel costs, and determine mutually-acceptable cost allocations and funding opportunities for
future terms of this Agreement. Any mutually agreed cost allocations for funding subsequent
terms of this Agreement shall be memorialized by written amendment to this Agreement approved
by the City Council for the CITY and the DISTRICT’s Board of Trustees.
X. REMUNERATION FOR SERVICES – OFF-DUTY HOURS
The Director or a Principal may request the SRO to work after-school, evening, or weekend
events for purposes of security. DISTRICT will provide reasonable notice to the SRO of any
requests to work after-school, evening, or weekend events. In the event the SRO is not available
to work an after-school event, another CITY Officer will be provided. Officers will be directly
compensated by the DISTRICT or affiliated organization, a minimum of three (3) hours at the off-
duty rate.
XI. VENUE
The obligations of the parties are performable in Colleyville, Texas and if legal action is
necessary to enforce same, exclusive venue shall be in Tarrant County, Texas.
10
XII. STATUS OF PARTIES
CITY shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of the DISTRICT. CITY shall be solely responsible for the acts and omissions
of its Officers, members, agents, servants, and employees. Neither CITY nor DISTRICT shall be
responsible under the Doctrine of Respondent Superior for the acts and omissions of Officers,
members, agents, servants, employees, or trustees or the other. Nothing in this agreement shall
waive any statutory or common-law immunity or defense of CITY or DISTRICT.
XIII. ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the parties hereto, superseding all
oral or written previous and contemporary agreements between the parties and relating to matters
in this Agreement, and except as otherwise provided herein, cannot be modified without the written
agreement of the parties to be attached to and made a part of this Agreement.
XIV. NOTICE
Any notice, demand or request required or permitted to be delivered hereunder shall be
deemed received when delivered in person or sent by United States Mail, postage prepaid, certified
mail, or by hand-delivery or facsimile transmission addressed to the party at the address set forth
below:
If intended for CITY:
City of Colleyville
Attn: Michael C. Miller
Chief of Police
5201 Riverwalk Dr,
Colleyville, TX 76034
With copy to:
Whitt L. Wyatt
Wyatt Hamilton Findlay, PLLC
5810 Long Prairie Road
Suite 700-220
Flower Mound, Texas 75028
With copy to:
City of Colleyville
Attn: Jerry Ducay
City Manager
100 Main Street
Colleyville, 76034
11
If intended for the DISTRICT:
Grapevine-Colleyville ISD
Attn: Superintendent
3051 Ira E. Woods Avenue
Grapevine, Texas 76051
XV. AUTHORIZATION
The governing bodies of CITY and DISTRICT have approved the execution of this
Agreement, and the persons signing the Agreement have been duly authorized by the governing
bodies of the CITY and DISTRICT to sign the Agreement on behalf of the governing bodies.
EXECUTED this ___________day of ___________________________________, 2023.
CITY OF COLLEYVILLE
By: _____________________________________
Name: Jerry Ducay
Title: City Manager
ATTEST:
By: ___________________________________
Name: Christine Loven, TRMC
Title: City Secretary
Approved as to form:
________________________________________
City’s Attorney
12
EXECUTED this __________day of ___________________________________, 2023.
GRAPEVINE-COLLEYVILLE INDEPENDENT
SCHOOL DISTRICT
By: ____________________________________
Name: __________________________________
Title: ___________________________________
Approved as to form:
_______________________________________
District’s Attorney
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 5 Agenda Date 8/15/2023
Type Report
Department Finance
Title
Monthly Financial Report - July 2023
Explanation
General Fund
Through July, the fund has collected 97% of its budgeted revenues and spent 77% of
budgeted expenditures, yielding a year-to-date surplus of $5.8 million. The increase
over last year's surplus is mostly due to the City's elimination of the $1.5 million
transfer from the General Fund into the Capital Projects Fund, which typically occurred
in December. This $1.5 million as reallocated to increased personnel costs and will be
expensed more evenly throughout the year. As the graph below shows, we expected
March to be our peak surplus month, with the following months drawing on the surplus
through the end of the year. Sales and franchise tax revenue are showing strong
increases over last year, while all non-transfer related spending is on track.
Sales tax revenue
The City's ninth sales tax collection for FY23, representing sales made in June, came in
this month and it showed a decrease of 2.6% from last June. Although this is the
second negative result seen this fiscal year, the City remains up year-over-year by
3.5%, which yields an additional $265,000 to the City. Our FY23 year-end projections
are still secure, as the City could lose 5% each month for the remainder of the year and
still meet expectations. With sales tax having grown a total of 25%, or from $8.5 million
in 2020 to a record-high $10.29 million in the last year, any flat or increasing sales tax
is fantastic for the City and indicative recent high gains will sustain. To some degree a
similar trajectory has been seen across both the State's collections as well as our
neighbors.
Utility Fund
The Utility Fund has collected 85% of its budgeted revenue and spent 70% of its
budgeted expenses, which is a significantly higher than FY22. As the summary above
shows, most of our surplus is coming from our relationship with the Trinity River
Authority, although interest earnings on Utility Funds are resulting in a substantial
surplus over our direct operating expenses. On the other side of the coin, our
relationship with the T.R.A. has resulted in a substantial surplus due to the City being
under-billed for water usage in October and November. Additionally, the Authority
City of Colleyville Page 2
City Council Agenda Briefing 5a
processed its annual "true-up" for the City, which either issues a refund or demands an
additional payment based on the previous year's fiscal activity and water use. Colleyville
typically receives a refund during this process, and FY23 was no exception. In fact, it
was determined the City was owed $1.6 million in invoiced payments which were
ultimately unneeded. As with every year, this surplus cash will be moved to our capital
projects spending at year's end.
Drainage Fund
To date, the Drainage Utility Fund has received 84% of its revenue and spent 74% of its
expenditures. This fund's cash flow is lower than the previous year, with a surplus of
about $340,000 as opposed to $383,000 last year. The trajectory for the remainder of
the year is anticipated to mirror the past two years pretty closely. Historically, drainage
fee revenues tended to average at 1.2% higher than the previous fiscal year. However,
as the City reaches build out these revenues tend to be more stable from year to year.
Per policy, any year-end surplus will be moved for use on the City's Capital
Improvement Plan.
Hotel Fund
COVID-related economic disruptions obviously took a toll on any travel-related revenues
in the last few years, but the Hotel Occupancy Tax Fund has kept a strong fund balance.
While travel activities are on the rise and revenue in this fund has been making a
comeback, this year's first three quarters receipts mirror the same period in FY22. Staff
had planned on a significant increase in total receipts this year, and so we have
budgeted to reallocate some expenses from here in FY24. Fund balance as of the end of
this quarter is sitting right at $67,000, and staff will continue to monitor cash closely.
Costs funded include personnel related directly to advertising the City as well as
Colleyville Center costs and some special events.
Debt Service Fund
Being predominately funded through property taxes, the Debt Service fund has received
the majority of its revenue for the year. Cash-flow for this fund is very predictable, as
most revenues are recognized in December/January and debt service payments occur
twice annually, with lease payments also occurring throughout the year. As of this
month's figures, the fund is running a deficit of about $126,000. We won't see any
further expenses until August, when our second interest payments are due on our bond
issues. The most recent issue, taken out in December 2022, includes a large interest
payment of $309,000 to be paid this year. Together with our 2016 refunding issue, we
can expect additional expenses of almost $325,000 in this fund before the year is over.
This increase was planned in December, and the fund's balance should end the year at
around $450,000. The City's current outstanding bonds are on schedule to be paid off in
2027, and the new 2023 $10 million issue is structured to be callable in 2030.
City of Colleyville Page 3
City Council Agenda Briefing 5a
Attachments
1. July 2023 Financial Presentation
2. July 2023 Financial Report
Monthly Financial Report
July 2023
City Council Meeting
August 15, 2023
5a - Items not for council action
General Fund
General Fund
FY23 Budget FY23 YTD % of
Budget FY22 YTD FY22 % of
Budget
Revenues $ 26,227,785 $ 25,404,421 97% $ 24,625,657 96%
Expenditures $ 25,297,424 $ 19,533,078 77% $ 20,232,061 81%
$ 930,361 $ 5,871,343 $ 4,393,596
*83% of the year
is completed
MillionsOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ -
$ 2
$ 4
$ 6
$ 8
$ 10
$ 12
$ (2)
$ (4)
GENERAL FUND CASH FLOW
Budget FY23 5 Yr Avg
Property Tax Highlight
FY23 FY22
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
$ 15,823,160 $ 15,583,512
$ 33,731 $ 29,629
Collected to Date Collected Later
Sales Tax Highlight
City/State ComparisonsFY23 YTD Receipts compared to Previous Years
ColleyvilleNorth Richland HillsHurstSouthlakeGrapevineKellerBedfordState CollectionsAll Texas CitiesAll DFW Cities0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
7.00%
8.00%
9.00%
10.00%
City/State Comparisons
Millions2023 2022 2021 2020 2019 2018 5-Yr Avg
$0.00
$2.00
$4.00
$6.00
$8.00
$10.00
$12.00
TOTAL FY23 SALES TAX RECEIPTS
(COMPARISON)
Fiscal Year-to-Date FY Actuals FY Budget
Sales Tax Highlight
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
$ -
$ 200,000
$ 400,000
$ 600,000
$ 800,000
$ 1,000,000
$ 1,200,000
MONTH OVER MONTH COLLECTIONS
2019 2020 2021 2022 2023
Utility Fund
Utility Fund
FY23 Budget FY23 YTD % of
Budget FY22 YTD FY22 % of
Budget
Revenues $ 19,832,854 $ 16,844,872 85% $ 14,731,087 84%
Expenditures $ 19,832,854 $ 13,831,357 70% $ 12,024,279 68%
$ - $ 3,013,515 $ 2,706,808
*83% of the year
is completed
TRA Revs/Exps
FY23 Budget FY23 YTD
Revenues $ 15,878,131 $ 13,430,997
Expenditures $ 15,428,131 $ 10,534,585
$ 450,000 $ 2,896,412
City Revs/Exps
FY23 Budget FY23 YTD
Revenues $ 3,954,723 $ 3,413,875
Expenditures $ 3,954,723 $ 3,296,772
$ - $ 117,103
Drainage Fund
Drainage Fund
FY23 Budget FY23 YTD % of
Budget FY22 YTD FY22 % of
Budget
Revenues $ 1,045,000 $ 872,899 84% $ 869,423 84%
Expenditures $ 721,619 $ 532,496 74% $ 486,149 70%
$ 323,381 $ 340,403 $ 383,273
*83% of the year
is completed
OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ -
$ 50,000
$ 100,000
$ 150,000
$ 200,000
$ 250,000
$ 300,000
$ 350,000
$ 400,000
$ 450,000
$ 500,000
FY23 VS. FY22 CASH FLOW
FY23 FY22
Hotel Fund
Hotel Fund
FY23 Budget FY23 YTD % of
Budget FY22 YTD
Revenues $ 275,000 $ 158,781 58% $ 158,713
Expenditures $ 273,569 $ 246,213 90% $ 237,714
$ 1,431 $ (87,431) $ (79,001)
*83% of the year
is completed
OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ -
$ 20,000
$ 40,000
$ 60,000
$ 80,000
$ 100,000
$ 120,000
$ 140,000
$ 160,000
$ 180,000
EXPECTED FUND BALANCE VS. ACTUAL
FUND BALANCE (BY MONTH)
Actual FY23 Expected FY23
Debt Service Fund
Debt Service Fund
FY23 Budget FY23 YTD % of
Budget FY22 YTD FY22 % of
Budget
Revenues $ 608,660 $ 623,375 102% $ 619,045 99%
Expenditures $ 769,010 $ 749,860 98% $ 796,223 97%
$ (160,350) $ (126,485) $ (177,178)
*83% of the year
is completed
83%
77%
FY23 Budget FY23 YTD % of
Budget FY22 YTD
FY22% of
Budget
Revenues 26,227,785$ 25,404,421$ 97%24,625,657$ 96%
Expenditures 25,297,424$ 19,533,078$ 77%20,232,061$ 81%
930,361$ 5,871,343$ 4,393,596$
General Fund Highlights
Revenue (FY23/FY22)
Property Tax + $240k Sales Tax + $145k Franchise Tax + $326k
Licenses -$97k Other Revenue + $172k Total Rev + $785k
Expenditures (FY23/22)
Personnel + $646k Contractual + $250k Supplies -$59k
Capital -$37k Transfers -$1,500k Total Exp -$699k
Monthly Financial Report - July 2023
% of year Completed
% of Budget SpentGeneral Fund
Through July, the fund has collected 97% of its budgeted revenues and spent 77% of
budgeted expenditures, yielding a year-to-date surplus of $5.8m. The increase over last year's
surplus is mostly due to the City's elimination of the $1.5m transfer from the General Fund
into the Capital Projects Fund, which typically occurred in December. This $1.5m as
reallocated to increased personnel costs and will be expensed more evenly throughout the
year. As the graph below shows, we expected March to be our peak surplus month, with the
following months drawing on the surplus through the end of the year. Sales and franchise tax
revenue are showing strong increases over last year, while all non-transfer related spending is
on track.
$(5)
$-
$5
$10
$15
MillionsGeneral Fund Cash Flow Budget FY23 5 Yr Avg
1
Revenue Highlight: Property Tax
Colleyville anticipates receiving $15.85m in General Fund property tax this year, which represents
about a 1.5% increase from FY22. As with the previous four years, this increase comes from
taxes off of new property, as opposed to increased taxes on existing property inside the City. Per
Council direction, Colleyville's FY23 budget has been balanced using the no-new-revenue tax
rate, which is designed to keep residents' tax bills to Colleyville largely the same from year-to-
year.
Revenue Highlight: Sales Tax
MTD Increase YTD Increase
The City's ninth sales tax collection for FY23 (representing sales made in June) came in this
month and it showed a decrease of 2.6% from last June. Although this is the second negative
result seen this fiscal year, the City remains up year-over-year by 3.5%, which yields an additional
$265,000 to the City. Our FY23 year-end projections are still secure,as the City could lose 5%
each month for the remainder of the year and still meet expectations. With sales tax having grown
a total of 25%,or from $8.5m in 2020 to a record-high $10.29m in the last year,any flat or
increasing sales tax is fantastic for the City and indicative that our recent high gains will sustain.
3.5%-2.6%
Monthly Financial Report - July 2023
$15,823,160 $15,583,512
$33,731 $29,629
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY23 FY22
Collected to Date Collected Later
$0.00
$5.00
$10.00
$15.00
2023 2022 2021 2020 2019 2018 5-Yr AvgMillionsTotal FY23 Sales Tax Receipts (Comparison)
Fiscal Year-to-Date FY Actuals FY Budget
2
83%
70%
FY23 Budget FY23 YTD % of
Budget FY22 YTD
FY22% of
Budget
Revenues 19,832,854$ 16,844,872$ 85%14,731,087$ 84%
Expenditures 19,832,854$ 13,831,357$ 70%12,024,279$ 68%
-$ 3,013,515$ 2,706,808$
Breakout of City's revenues/expenses from those related to the Trinity River Authority:
FY23 Budget FY23 YTD FY23 Budget FY23 YTD
Revs 15,878,131$ 13,430,997$ Revs 3,954,723$ 3,413,875$
Exps 15,428,131$ 10,534,585$ Exps 3,954,723$ 3,296,772$
Net 450,000$ 2,896,412$ Net -$ 117,103$
Annual Trinity River Authority True-Up
Expenditures (FY23/22)
Personnel + $113k Contractual + $1,590k Supplies + $97k
Capital -$14k Transfers + $21k Total Exp + $1,807k
Colleyville's rate structure enables the City to more easily manage years of varying water consumption
from year-to-year. The majority of the City's rate is comprised of a direct pass-through to TRA for water
costs. Funding for the City's operational costs come from a fixed monthly charge to customers based on
meter size. The goal of this fund is to break-even at the end of the year.
The Utility Fund has collected 85% of its budgeted revenue and spent 70% of its budgeted expenses,
which is a significantly higher than FY22. As the summary above shows, most of our surplus is coming
from our relationship with the Trinity River Authority, although interest earnings on Utility Funds are
resulting in a substantial surplus over our direct operating expenses. On the other side of the coin, our
relationship with the T.R.A. has resulted in a substantial surplus due to the City being underbilled for
water usage in October and November. Additionally, the Authority processed its annual "true-up" for the
City, which either issues a refund or demands an additional payment based on the previous year's fiscal
activity and water use. Colleyville typically receives a refund during this process, and FY23 was no
exception. In fact, it was determined the City was owed $1.6m in invoiced payments that were ultimately
unneeded. As with every year, this surplus cash will be moved to our capital projects spending at year's
end.
Mostly TRA costs ↓
The Trinity River Authority is the water/wastewater provider used by Colleyville and several other local
cities. Each year, the Authority apportions its operating budget among its customer cities based on
projected water usage. After the year concludes, the Authority "trues up"its actual expenditures with its
actual revenues.In the event there is a shortfall, the Authority will charge its customer cities an
additional amount. If there is a surplus, the Authority issues prorated refunds to each customer city.
*TRA Revenue/Expense Summary City Revenue/Expense Summary
% of year Completed
Monthly Financial Report - July 2023
Water/Sewer Utility Fund % of Budget Spent
3
83%
74%
FY23
Budget FY23 YTD % of Budget FY22 YTD
FY22% of
Budget
Revenues 1,045,000$ 872,899$ 84%869,423$ 84%
Expenditures 721,619$ 532,496$ 74%486,149$ 70%
323,381$ 340,403$ 383,273$
Revenue - Drainage Fees
Expenditures (FY23/22)
Personnel + $64k Contractual -$19k
Supplies + $2k Capital/Xfers $0k
Debt Service $0k Total Exp.+ $46k
Monthly Financial Report - July 2023
Drainage Fund Operation Highlights
% of Budget Spent
0.9%FY23/FY22
To date, the Drainage Utility Fund has received 84% of its revenue and spent 74% of its expenditures.
This fund's cash flow is lower than the previous year, with a surplus of about $340,000 as opposed to
$383,000 last year. The trajectory for the remainder of the year is anticipated to mirror the past two
years pretty closely. Historically, drainage fee revenues tended to average at 1.2% higher than the
previous fiscal year. However,as the City reaches build out these revenues tend to be more stable from
year to year. Per policy,any year-end surplus will be moved for use on the City's capital improvement
plan.
Drainage Utility Fund
% of year Completed
Note: this fund's debt
service is has been retired
as of fiscal year 2021.
0.7%FY23/5-Yr Avg
$-
$100,000
$200,000
$300,000
$400,000
$500,000
FY23 vs. FY22 Cash Flow
FY23 FY22
4
83%
90%
FY23 Budget FY23 YTD % of
Budget FY22 YTD FY22% of
Budget
Revenues 275,000$ 158,781$ 58%158,713$ 63%
Expenditures*273,569$ 246,213$ 90%237,714$ 96%
1,431$ (87,431)$ (79,001)$
COVID-related economic disruptions obviously took a toll on any travel-related revenues in the last
few years,but the Hotel Occupancy Tax Fund has kept a strong fund balance. While travel
activities are on the rise and revenue in this fund has been making a comeback, this year's first
three quarters receipts mirror the same period in FY22. Staff had planned on a significant increase
in total receipts this year,and so we have budgeted to reallocate some expenses from here in
FY24. Fund balance as of the end of this quarter is sitting right at $67,000,and staff will continue
to monitor cash here closely. Costs funded out of here include personnel related directly to
advertising the city as well as Colleyville Center costs and some special events.
Monthly Financial Report - July 2023
% of year Completed
% of Budget SpentHotel Tax Fund
Hotel Tax Performance
$-
$50,000
$100,000
$150,000
$200,000
Expected Fund Balance vs. Actual Fund Balance (by month)
Actual FY23 Expected FY23
$-
$50,000
$100,000
$150,000
$200,000
$250,000
FY22 Revenue vs. History
2020 2021 2022 2023
5
83%
98%
FY23 Budget FY23 YTD % of
Budget FY22 YTD FY22% of
Budget
Revenues 608,660$ 623,375$ 102%619,045$ 99%
Expenditures*769,010$ 749,860$ 98%796,223$ 97%
(160,350)$ (126,485)$ (177,178)$
For any questions or comments regarding this report, please contact:
Kyle Lester
Finance Director
City of Colleyville, TX
klester@colleyville.com
817-503-1014
Monthly Financial Report - July 2023
% of year Completed
% of Budget SpentDebt Service Fund
Being predominately funded through property taxes, the Debt Service fund has received the
majority of its revenue for the year. Cash-flow for this fund is very predictable, as most revenues
are recognized in December/January and debt service payments occur twice annually, with lease
payments also occurring throughout the year. As of this month's figures, the fund is running a
deficit of about $126,000. We won't see any further expenses here until August, when our second
interest payments are due on our bond issues. The most recent issue, taken out in December
2022, includes a large interest payment of $309,000 to be paid this year. Together with our 2016
refunding issue, we can expect additional expenses of almost $325,000 in this fund before the
year is over. This increase was planned in December, and the fund's balance should end the year
at around $450,000. The City's current outstanding bonds are on schedule to be paid off in 2027,
and the new 2023 $10m issue is structured to be callable in 2030. All bond payments are
scheduled as follows:
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
Property Tax Backed Debt Service (Bonds and Public Safety Vehicle
Leases)
6
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6a Agenda Date 8/15/2023 Number Ordinance O-23-2247
Type Ordinance
Department Community Development
Title
Consideration of a change in zoning from CC-1 Village Retail district to PUD-C Planned
Unit Development – Commercial district on Lot 1, Block 1, of the Tutun Addition and a
portion of Lot 1, Block 1, Bokju Family Addition, located at 5311 and 5309 Colleyville
Boulevard, Case ZC23-014
Explanation
Second Reading and Public Hearing
The applicant and business owner were both present and answered questions from the
City Council. The discussion included enhanced landscaping along the Colleyville
Boulevard frontage and wood fencing between adjacent uses. There were no speakers
during the public hearing.
The applicant has provided a revised landscape plan which is attached to this briefing,
First Reading and Public Hearing
Gerald Ward, the applicant, has submitted a request to rezone from CC-1 Village Retail
to PUD-C Planned Unit Development – Commercial district for the property known as Lot
1, Block 1, Tutun Addition, being approximately 1.37 acres, and addressed as 5311
Colleyville Boulevard and a portion of the property known as Lot 1, Block 1, Bojku
Family Addition, being approximately 1.02 acres, and addressed as 5309 Colleyville
Boulevard. The purpose is to allow for a Nursery and Greenhouse use with outside
display of merchandise.
Existing Conditions/Background: The subject property is currently platted as 1.37
acres known as Lot 1, Block 1, Tutun Addition and a portion of Lot 1, Block 1, Boiku
Family Addition 1.02 acres. The applicant proposes to combine the area of the two lots,
use the existing two buildings, and provide for a greenhouse and movable shade
structures.
Purpose: The purpose of a Planned Unit Development (PUD) is to provide for greater
flexibility and discretion in the approval of residential, non-residential, and mixed-use
developments by encouraging creative, efficient, and aesthetically desirable residential
and commercial projects which are superior to what could be accomplished in other
zoning districts. This may be through the use of increased open spaces and greenbelts
or by providing enhanced amenities or features within the development which will be of
City of Colleyville Page 2
City Council Agenda Briefing 6a
special benefit to the property owners or to the community.
Proposed PUD-C Ordinance: Request – The applicant requests to change zoning to
the PUD-C district to allow for Nursery and Greenhouse uses with outside display of
merchandise (Building one = ±2,000 s.f. of retail; Building two = 2,833 s.f. of storage;
Building 3 = 6,000 s.f. of new greenhouse). The base zoning shall be CC-1 Village Retail
zoning.
Analysis: The subject property complies with most of the minimum physical
requirements described for the requested PUD-C designation. This request fits into a
recent trend of commercial development along and adjacent to the Colleyville
Boulevard Corridor. Approval of this PUD-C would mean an approval of three, one-story
buildings for this property as described above.
The following regulations from the proposed PUD-C ordinance are proposed and would
differ from the requirements of the Land Development Code:
• Reduction of 20-foot landscaping adjacent to Colleyville Boulevard.
• Freestanding monument sign which does not meet Chapter 7 of the Land
Development Code with landscaping around the base.
• 28 parking spaces provided.
Plat Status: The property is platted as Lot 1, Block 1, Tutun Addition and a portion of
Lot 1, Block 1 Bojku Family Addition.
DRC Review: The Development Review Committee reviewed the request at their June
19, 2023 meeting and the following comments were provided to the applicant:
1. The drainage analysis uses TXDOT Tc and Intensities as a base for pre-
development, the intensities change for Post development, both analyses need to be
based on the same intensity. Apples to apples, no flow increases will be allowed onto
adjacent properties, this site development may require detention. Provide an updated
drainage exhibit.
2. Provide an exhibit showing the elevations of the greenhouses with dimensions and
materials.
3. Provide an exhibit showing the elevations of the shade structures with dimensions
and materials.
Applicant provided updated exhibits on June 26, 2023.
Urban Forestry/Tree Preservation: The development 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 that is associated with an approved Tree
Preservation Plan.
City of Colleyville Page 3
City Council Agenda Briefing 6a
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.
Surrounding Development: Properties immediately to the north and south have CC-1
Village Retail zoning and are developed for commercial uses. Property to the east has
CC-2 Shopping Center zoning and has been developed for commercial use. Property to
the west has CC-1 Village Retail zoning and is improved with an institutional use.
Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville,
designates the subject property and the property along Colleyville Boulevard as part of
the Colleyville Boulevard Corridor for future commercial use. The proposed rezoning
request complies with the commercial land use designation stated in 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 request.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the request at their July 10, 2023 meeting by a
vote of 7-0.
Recommendation
Approve
Attachments
1.Revised Landscape Plan - 08.11.2023
2.Aerial
3.Zoning
4.Future Land Use
5.Site Plan
6.Building Elevations
7.Greenhouse Elevations and Exhibits
8.Drainage Plan
9.Landscape Plan
10.Draft Updated Landscape Plan
11.Notification Letter
12.Notification List
13.Notification Map
14.Ordinance O-23-2247
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COLLEYVILLE BLVD (SH 26)5311 COLLEYVILLE BLVD,COLLEYVILLE, TX 76034S 6
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SKHHW NXPEHU
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34CKHFNHG B\
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DESIGN SET
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817-281-5600
DESIGN SETNORTH
30 15 0 30 9060
L-1TREE PRESERVATION PLAN
08/10/23
SIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT
WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF
ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672 ON 08/10/23, WHO MAINTAINS THE ORIGINAL
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREG CUPPETT,
FILE. THIS ELECTRONIC DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT
EXAMINERS, THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPON-
TO RULE 3.103(F) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL101
101 1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
Revised landscape plan
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COLLEYVILLE BLVD (SH 26)5311 COLLEYVILLE BLVD,COLLEYVILLE, TX 76034S 6
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'N 28°39'40" E 174.28'NEW 7PARKINGNEW 8 FT WOOD PRIVACY FENCEARTIFICIAL LOT LINE 10 x 10
MOVEABLE SHADE
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(48)
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5 gal.
LEU GRE (1)
45 gal.
JUN TAY (1)
45 gal.
LAG IND (1)
5 gal.
MIS ZEB (2)
5 gal.
ILE CRS (3)
45 gal.
(1) JUN TAY
5 gal.
(7) NAN IOC
5 gal.
(2) JUN MI2
5 gal.
(1) MIS ZEB
5 gal.
(7) NAN IOC
5 gal.
YUC SAP (1)
5 gal.
SAL LEU (1)
5 gal.
ILE CRS (3)
5 gal.
ILE CRS (6)
45 gal.
RHA M11 (3)
5 gal.
ILE OVA (10)
5 gal.
LOR IOH (6)
3" Cal.
(3) QUE SHU
3" Cal.
(2) MAG LIT
45 gal.
VIT CHA (3)
45 gal.
(1) LAG IND
3" Cal.
QUE SHU (1)
5 gal.
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A TREE DISPLAY AREASheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETNORTH
30 15 0 30 9060 L-2LANDSCAPE PLAN
08/10/23
SIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT
WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF
ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672 ON 08/10/23, WHO MAINTAINS THE ORIGINAL
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREG CUPPETT,
FILE. THIS ELECTRONIC DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT
EXAMINERS, THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPON-
TO RULE 3.103(F) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL
TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
JUN TAY 2 Juniperus virginiana 'Taylor'Taylor Eastern Redcedar 45 gal.
LAG IND 2 Lagerstroemia indica Crape Myrtle 45 gal. 8` Min.patio Single Stem
MAG LIT 2 Magnolia grandiflora 'Little Gem'Little Gem Dwarf Southern Magnolia 3" Cal. 10` Min.
QUE SHU 4 Quercus shumardii Shumard Oak 3" Cal. 12` Height Min
VIT CHA 3 Vitex agnus-castus Chaste Tree 45 gal. 6` Min Ht
SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
ILE CRS 46 Ilex cornuta 'Carissa'Carissa Chinese Holly 5 gal.36" O.C.
ILE OVA 10 Ilex vomitoria 'Eureka Gold''Eureka Gold' Yaupon Holly 5 gal.30" O.C.
JUN MI2 2 Juniperus sabina 'Mini-Arcadia'Mini Arcadia Juniper 5 gal.
LEU GRE 1 Leucophyllum frutescens 'Green Cloud' Green Cloud Texas Sage 5 gal.
LOR IOH 6 Loropetalum chinense rubrum 'Kurobijin' Cerise Charm™ Fringe Flower 5 gal.36" O.C.
MIS ZEB 3 Miscanthus sinensis 'Zebrinus'Zebra Eulalia Grass 5 gal.36" O.C.
NAN IOC 7 Nandina domestica Obsession Obsession Heavenly Bamboo 5 gal.
NAS TEN 13 Nassella tenuissima Mexican Feather Grass 1 gal.24" O.C.
SAL LEU 1 Salvia leucantha Mexican Bush Sage 5 gal.
YUC SAP 1 Yucca rostrata 'Sapphire Skies'Sapphire Skies Beaked Blue Yucca 5 gal.
ORNAMENTAL TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
RHA M11 3 Rhaphiolepis x 'Montic'Majestic Beauty® Indian Hawthorn 45 gal. 6`
GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING SPACING REMARKS
CYN DAC 2,157 sf Cynodon dactylon Bermudagrass Existing
PER ASP 224 perennials x Perennials 1 gal.24" o.c.
PLANT SCHEDULE
1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
·
·
·
·
·
·
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NOTE: PRUNE LOWER BRANCHES OF ALLEXISTING TREES IN VISIBILITY TRIANGLE ASREQUIRED BY CITY
Revised landscape plan
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Subject Property
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.
ZC23-014
5311 Colleyville Blvd
Aerial Map
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AG
Subject Property
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.
ZC23-014
5311 Colleyville Blvd
Zoning Map
5405
5509
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Residential
Institutional
Colleyville Blvd Corridor
Open Space; Parks
Subject Property
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.
ZC23-014
5311 Colleyville Blvd
Future Land Use Map
1.042 ACRES1.019 ACRES3 PARKING15' BUILDING SETBACK10' BUI
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GREEN HOUSESTRUCTURE W
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E WROUGHT IRON FENCECOLLEYVILLE BLVD (SH 26)5311 COLLEYVILLE BLVD,COLLEYVILLE, TX 76034 S 63°10'21" E 227.79'S 00°5
7'
2
6"
E
1
7
7.
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S 00°5
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1
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NEW WROUGHT IRON FENCE
ARTIFICIAL LOT LINE
10
x
10MOVEABLE SHADESTRUCTURES(48
)WROUGHT IRON FENCE1.369
ACRES59,660
.731
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.FTEXIST.CONC.NEW 7"CONC. ATFIRE LANESEXIST.CONC.EXIST.CONC.NEW W
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NEW
PAVEMENTNEW PAVEMENTNEW FIRE LINENEW FIRE LINENEW PAVEMENTFUTUREACCESSNEW 7"PAVEMENTR54'R30'R54'R30'R30'
NEW FIRE LINENEW FIRE LINEFIRE LANEFIRE LANER30'R54'NEW 7"CONC. ATFIRE LANES24' FIRELANE - TYP20' FIRELANE ATBUILDINGLEGENDNEW PAVEMENTNEW PARKING STRIPPINGEXISTING LANDSCAPENEW PROPOSED LANDSCAPENEW GATE & FENCEX X X XOFFICE (1,683sqft) 1:200 = 9WAREHOUSE (2,700sqft) 1:200 = 6GREENHOUSE (6,000sqft) 1:5000 = 2TOTAL REQ: 17 PARKINGTOTAL PROVIDED: 28 PARKINGTOTAL MOVEABLE SHADE STRUCTURE: 5,500 SQFTA1.00SITE PLANSheet NumberWARD ARCHITECTURE PLLC5004 THOMPSON TERRACE SUITE 107COLLEYVILLE, TEXAS 76034MARSHALL GRAIN CO.
5311 COLLEYVILLE BLVD
COLLEYVILLE, TX 76034Checked ByDrawn ByVD-MV GWSheet TitleIssued:RevisionsDateNo.DescriptionIssue Date:Project No:22-72DESIGN SET6-8-2023817-281-5600DESIGN SET
ARCH.NORTH ARCHITECTURAL SITE PLANSCALE: 1/16" = 1'-0"01
ST-1 : STONE JACOBS STONE PRODUCTS THIN VENEER - CHOPPED COLOR: SADDLEWOODMATERIAL LEGENDMT-1: COPPER ROOFWD-1 : STAINED WOODTBD COLOR: ENGLISH CHESTNUTPT-1: FIELD COLORTBDTBDNEW WINDOWNEW WINDOWNEW STONEWAINSCOTTNEW STONECOLUMN WRAPNEW COPPERROOFNEW COPPERROOFNEW CUPOLASPT-1WD-1MT-1MT-1ST-1ST-1PT-1MARSHALL GRAIN CO.GARDEN CENTERNEW SLIDING GATENEW 6' IRONFENCENEW SLIDING GATENEW 6' IRONFENCENEW SLIDING GATENEW 6' IRONFENCENEW SLIDING GATENEW 6' IRONFENCENEWWINDOWNEW WINDOWNEW FRONTDOORSNEW STONEWAINSCOTTNEW CUPOLASNEW COPPERROOFNEW STAINED WOODGABLE BRACKETNEW STONECOLUMN WRAPPAINTED EXISTINGWOOD SLATESWD-1MT-1ST-1PT-1PT-1PT-1NEWADA RAMP &RAILINGNEWADA RAMP &RAILINGMT-1NEW WINDOWNEW STONECOLUMN WRAPNEW COPPERROOFNEW COPPERROOFNEW CUPOLASNEW STONEWAINSCOTTMT-1ST-1PT-1WD-1ST-1PT-1NEW STONEWAINSCOTTNEW CUPOLASNEW COPPERROOFNEW STAINED WOODGABLE BRACKETPAINTED EXISTINGWOOD SLATESWD-1MT-1ST-1PT-1PT-1PT-1EXISTINGDOOREXTERIOR MATERIAL CALCULATIONSMATERIALSWEST ELEVATIONAREA S.F.PERCENTAGESOUTH ELEVATIONEAST ELEVATIONAREA S.F.PERCENTAGEAREA S.F.PERCENTAGENORTH ELEVATIONAREA S.F.PERCENTAGETOTAL AREADOORS & WINDOWSELEV. SQ. FOOTAGEBRICKSTONE(EXCLUSIVE OF DOORS & WINDOWS)TOTAL OF ALL ELEVATIONSAREA S.F.PERCENTAGEPRIMARY / SECONDARYFACADEPRIMARY FACADE115 SQ FT38%100 SQ FT33%304 SQ FT94 SQ FT398 SQ FT100%315 SQ FT100%100%1,369 SQ FT100%328 SQ FT100%49%51%52%153 SQ FT160 SQ FT313 SQ FT15 SQ FT153 SQ FT294 SQ FT21 SQ FT563 SQ FT1,210 SQ FT159 SQ FT--------------------WOOD89 SQ FT29%SECONDARY FACADE SECONDARY FACADE328 SQ FT149 SQ FT150 SQ FT299 SQ FT29 SQ FT50%50%558 SQ FT89 SQ FT47%46%7%141 SQ FT48%SECONDARY FACADE------------KEY PLANN02040103Sheet NumberWARD ARCHITECTURE PLLC5004 THOMPSON TERRACE SUITE 107COLLEYVILLE, TEXAS 76034MARSHALL GRAIN CO.
5311 COLLEYVILLE BLVD
COLLEYVILLE, TX 76034Checked ByDrawn ByVD-MV GWSheet TitleIssued:RevisionsDateNo.DescriptionIssue Date:Project No:22-72DESIGN SET6-8-2023817-281-5600DESIGN SET
A3.0203SIDE OFFICE ELEVATION (NORTH)EXTERIORELEVATIONS05FULL FRONT ELEVATIONSCALE: 3/16"=1'-0"04FRONT OFFICE ELEVATION (WEST)01SIDE OFFICE ELEVATION (SOUTH)COLOR02FRONT OFFICE ELEVATION(EAST)SCALE: 3/16"=1'-0"SCALE: 3/16"=1'-0"SCALE: 3/16"=1'-0"SCALE: 3/16"=1'-0"
88'-0" X 10'-0"EXTERIOR MURALPAINTED BRICKPT-1MARSHALL GRAIN CO.8'-0" X 10'-0"EXTERIOR MURAL8'-0" X 10'-0"EXTERIOR MURALPAINTED BRICKNEW 12'-0" X 10'-0"GLASS OVERHEADDOORNEW 12'-0" X 4'-0"SIGNAGEPT-1NEW PAINTEDSTUCCOPT-1GARDEN CENTER5311 AMARSHALL GRAIN CO.GARDEN CENTERNEW 4'- 1 1/4" X 3'-11"SIGNAGE BY OWNERNEW STONEVENEERST-1PAINT EXISTINGSTUCCO PT-15'-5"1'-6"1'-6"4'-1"3'-11"1'-6"MATERIAL LEGENDPT-1: FIELD COLORTBDTBDST-1 : STONE JACOBS STONE PRODUCTS THIN VENEER - CHOPPEDEXTERIOR MATERIAL CALCULATIONSMATERIALSWEST ELEVATIONAREA S.F.PERCENTAGENORTH ELEVATIONAREA S.F.PERCENTAGETOTAL AREADOORS & WINDOWSELEV. SQ. FOOTAGEBRICKSTUCCO(EXCLUSIVE OF DOORS & WINDOWS)TOTAL OF ALL ELEVATIONSAREA S.F.PERCENTAGEPRIMARY / SECONDARYFACADEPRIMARY FACADE38%304 SQ FT30%352 SQ FT120 SQ FT472 SQ FT100%100%1,349 SQ FT100%------------99%1%PRIMARY FACADE48 SQ FT------100%1,349 SQ FT1,349 SQ FTEAST ELEVATIONSECONDARY FACADESOUTH ELEVATIONSECONDARY FACADEAREA S.F.PERCENTAGE472 SQ FT100%--------100%304 SQ FT304 SQ FTAREA S.F.PERCENTAGE1,349 SQ FT100%----------100%1,349 SQ FT1,349 SQ FT168 SQ FT3,642 SQ FT288 SQ FT3,354 SQ FT3,306 SQ FT48 SQ FTKEY PLANN 02010304PAINTED BRICKEXISTING OVERHEADDOORPT-1PT-1EXISTING BRICKSSheet NumberWARD ARCHITECTURE PLLC5004 THOMPSON TERRACE SUITE 107COLLEYVILLE, TEXAS 76034MARSHALL GRAIN CO.
5311 COLLEYVILLE BLVD
COLLEYVILLE, TX 76034Checked ByDrawn ByVD-MV GWSheet TitleIssued:RevisionsDateNo.DescriptionIssue Date:Project No:22-72DESIGN SET6-8-2023817-281-5600DESIGN SET
A3.0302SIDE ELEVATION (TO GARDEN CENTER) (NORTH)SCALE: 3/16"=1'-0"01FRONT GARAGE ELEVATION (WEST)SCALE: 3/16"=1'-0"EXTERIORELEVATIONS05MONUMENT SIGNSCALE: 1/2"=1'-0"COLOR03BACK GARAGE ELEVATION (EAST)SCALE: 3/16"=1'-0"04BACK GARAGE ELEVATION (SOUTH)SCALE: 3/16"=1'-0"
PAINTED MTL PANELMTL FRAMINGSHEETINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISON60' -0"30' -0" TYP.MATERIAL LEGENDPT-1: FIELD COLORTBDTBDMTL-2 : MTL FRAMING / PIPE FRAMINGPL-1 : THICK PLASTIC SHEETINGKEY PLANN 04010203THICH PLASTICSHEETING WITHSHADE FABRICSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONMTL FRAMING10' -0" TYP.100' -0"PAINTED MTL PANELMTL FRAMINGSHEETINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISON60' -0"30' -0" TYP.THICK PLASTICSHEETING WITHSHADE FABRICSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONSHEETHINGDURINGCOLD SAISONMTL FRAMING10' -0" TYP.100' -0"PIPE FRAMINGSHADE CLOTH10' -0" TYP.Sheet NumberWARD ARCHITECTURE PLLC5004 THOMPSON TERRACE SUITE 107COLLEYVILLE, TEXAS 76034MARSHALL GRAIN CO.
5311 COLLEYVILLE BLVD
COLLEYVILLE, TX 76034Checked ByDrawn ByVD-MV GWSheet TitleIssued:RevisionsDateNo.DescriptionIssue Date:Project No:22-72DESIGN SET6-8-2023817-281-5600DESIGN SET
A3.0401FRONT GREEN HOUSE ELEVATION (WEST)SCALE: 3/16"=1'-0"EXTERIORELEVATIONSCOLOR03SIDE GREEN HOUSE ELEVATION (SOUTH)SCALE: 3/16"=1'-0"02BACK GREEN HOUSE ELEVATION (EAST)SCALE: 3/16"=1'-0"04SIDE GREEN HOUSE ELEVATION (NORTH)SCALE: 3/16"=1'-0"0510X10 SHADE STRUCTURE ELEVATION (TYP.)SCALE: 3/16"=1'-0"
3 PA
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NEW COPPER
ROOF
RE-STRIP
PARKING
GREEN HOUSE
STRUCTURE W/ EXISTING
MATERIAL
(2) 30'-100'
6,000 SQ.FT
10 x 10
MOVEABLE SHADE
STRUCTURES
(8)
5 AD
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LANDSCAPE
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NEW PAVEMENT
NEW PAVEMENTEXIST. A/C
RE-STRIP
PARKING
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COLLEYVILLE BLVD (SH 26)5311 COLLEYVILLE BLVD,COLLEYVILLE, TX 76034S 6
3
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'S 00°57'26" E 177.54'S 00°57'26" E 140.84'N 65°
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'N 28°39'40" E 174.28'NEW 7PARKINGNEW CHAIN LINK FENCEARTIFICIAL LOT LINE 10 x 10
MOVEABLE SHADE
STRUCTURES
(40)
CHAI
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1.042 ACRES
45.384 SQ.FT
1.019 ACRES
44.370 SQ.FT
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.NEW CHAIN LINK FENCEFUTUREACCESSEXISTING
BUILDING
2,833 SQ.FT
NEW PAVEMENT
OPEN AREA
FOR PLANT
DISPLAY
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Sheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETNORTH
30 15 0 30 9060
L-1TREE PRESERVATION PLAN
06/05/23
SIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT
WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF
ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672 ON 06/05/23, WHO MAINTAINS THE ORIGINAL
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREG CUPPETT,
FILE. THIS ELECTRONIC DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT
EXAMINERS, THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPON-
TO RULE 3.103(F) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL101
101 1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
3 PA
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15'
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B
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10' BUILDING SETBACK10' BUILDING SETBACK15' B
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15' B
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3 PA
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5 AD
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CHAIN LINK FENCECH
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ENEW 7PARKINGNEW CHAIN LINK FENCEARTIFICIAL LOT LINECHAI
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.NEW CHAIN LINK FENCEFUTUREACCESS5 gal.
MYR DON (3)
3" Cal.
ULM CRA (1)
5 gal.
ILE NAN (12)
5 gal.
MIS GRA (9)
3" Cal.
(2) PIS CHI
3" Cal.
ULM CRA (2)
5 gal.
ILE COR (16)
5 gal.
MIS GRA (4)
3" Cal.
ULM CRA (1)
5 gal.
MYR DON (5)
Sheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETNORTH
30 15 0 30 9060
L-2LANDSCAPE PLAN
06/05/23
SIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT
WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF
ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672 ON 06/05/23, WHO MAINTAINS THE ORIGINAL
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREG CUPPETT,
FILE. THIS ELECTRONIC DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT
EXAMINERS, THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPON-
TO RULE 3.103(F) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL
NOTE: PRUNE LOWER BRANCHES OF ALL EXISTING TREESIN VISIBILITY TRIANGLE AS REQUIRED BY CITY
TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
PIS CHI 2 Pistacia chinensis Chinese Pistache 3" Cal. 10` Min. As Shown Single Straight Trunk
ULM CRA 4 Ulmus crassifolia Cedar Elm 3" Cal. 12` Height Min As Shown Single Straight Trunk
SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
ILE COR 16 Ilex cornuta Chinese Holly 5 gal. 24" min. 36" O.C.
ILE NAN 10 Ilex vomitoria 'Nana'Dwarf Yaupon Holly 5 gal. 18"-24"36" O.C.
MIS GRA 13 Miscanthus sinensis 'Gracillimus' Eulalia Grass 5 gal. 18"-24"48" O.C.
MYR DON 8 Myrica cerifera 'Don's Dwarf' Don's Dwarf Wax Myrtle 5 gal. 24" min. 48" O.C.
GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING SPACING REMARKS
CYN DAC 21,585 sf Cynodon dactylon Bermudagrass Solid Sod
LIR BIG 169 Liriope muscari 'Big Blue'Big Blue Lilyturf 4" pots 12" O.C. 12" o.c.
TRA ASI 1,003 Trachelospermum asiaticum Asiatic Jasmine 4" pots 12" O.C. 12" o.c.
PLANT SCHEDULE
1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
·
·
·
·
·
·
·
Sheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETL-3PLANTING DETAILS
06/05/23
SIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT
WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF
ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672 ON 06/05/23, WHO MAINTAINS THE ORIGINAL
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREG CUPPETT,
FILE. THIS ELECTRONIC DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT
EXAMINERS, THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPON-
TO RULE 3.103(F) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL
1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
Sheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETL-4PLANTING SPECS
06/05/23
SIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT
WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF
ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672 ON 06/05/23, WHO MAINTAINS THE ORIGINAL
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREG CUPPETT,
FILE. THIS ELECTRONIC DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT
EXAMINERS, THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPON-
TO RULE 3.103(F) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL
1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
SECTION 02830
TREES, SHRUBS, AND GROUNDCOVERS
PART I GENERAL
1.01 DESCRIPTION OF WORK
A. Scope
1. Bed prep
2. Metal edging
3. Topsoil
4. Planting
5. Mulching
6. Guarantee
B. Related Work Specified Elsewhere
1. General Requirements – All locations
2. Section 02740 – Irrigation Trenching
3. Section 02750 – Irrigation
4. Section 02800 - Lawns
1.02 QUALITY ASSURANCE
A. Contractor Qualifications
Minimum of three (3) years experience on projects of similar
characteristics and size.
B. Reference Standards:
1. American Joint Committee Of Horticultural Nomenclature:
Standardized Plant Names, Second Edition, 1942;
2. American Association Of Nurserymen: American Standard For
Nursery Stock, 1973
C. Substitutions
1. Substitutions accepted only upon written approval of Landscape
Architect and Owner.
2. Submit substitutions possessing same characteristics as indicated
on plans and specifications.
D. Inspection and Testing
1. The project Owner’s representative reserves the right to inspect and
tag plants at the place of growth with the Contractor.
2. Inspection at place of growth does not preclude the right of rejection
due to improper digging or handling.
3. Owner’s representative reserves the right to request soil samples
and analysis of soil and plant mix. Remove or correct unacceptable
soil. Cost of testing by Contractor.
1.03 SUBMITTALS
A. Certificates
1. Submit State and Federal certificates of inspection with invoice.
(Only if required by Landscape Architect.)
2. File certificates with Owner’s representative prior to material
acceptance.
1.04 PRODUCT DELIVERY, STORAGE, & HANDLING
A. Preparation of Delivery
1. Balled & Burlaped (B&B) Plants
a. Dig and prepare for shipment in manner that will not damage
roots, branches, shape, and future development after
replanting.
b. Ball with firm, natural ball of soil, wrapped tightly with burlap
covering entire ball.
c. Ball size and ratios: conform to American Association of
Nurserymen standards unless otherwise shown on plant list.
2. Pack plant material to protect against climatic & seasonal damage,
as well as breakage injuries during transit.
3. Securely cover plant tops with ventilated tarpaulin or canvas to
minimize wind-whipping and drying in transit.
4. Pack and ventilate to prevent sweating of plants during transit. Give
special attention to insure prompt delivery and careful handling to
point of delivery at job site.
B. Delivery
1. Deliver fertilizer, fertilizer tablets, peat, mulch, soil additives, and
amendment materials to site in original, unopened containers,
bearing manufacturer’s guaranteed chemical analysis, name, trade
name, trademark, and conformance to State law.
2. Deliver plants with legible identification and size labels on example
plants.
3. Protect during delivery to prevent damage to root ball or desiccation
of leaves.
4. Notify Owner’s representative of delivery schedule in advance so
plant material may be inspected upon arrival at job site.
5. Deliver plants to job site only when areas are prepared.
C. Storage
1. Protect roots of plant material from drying or other possible injury
with wetted mulch or other acceptable material.
2. Protect from weather.
3. Maintain and protect plant material not to be planted immediately
upon delivery.
D. Handling
1. Do not drop plants.
2. Do not damage ball, trunk, or crown.
3. Lift and handle plants from bottom of container or ball.
1.05 JOB CONDITIONS
A. Planting Season Perform actual planting only when weather and soil
conditions are suitable in accordance with locally acceptable practices.
B. Protection Before excavations are made, take precautionary measures to
protect areas trucked over and where soil is temporarily stacked.
1.06 GUARANTEE
A. Guarantee new plant material for one year after acceptance of final
installation (ie. Final Acceptance of project).
B. Make replacement (one per plant) during one year guarantee period at
appropriate season with original plant type, size and planting mixture.
C. Repair damage to other plants, lawns, & irrigation caused during plant
replacement at no cost to Owner.
D. Use only plant replacements of indicated size and species.
PART II PRODUCTS
2.01 MATERIALS
A. Plant Materials
1. Hardy under climatic conditions similar to locality of project.
2. True to botanical and common name variety.
3. Sound, healthy, vigorous, well branched, and densely foliated when
in leaf; with healthy well-developed root system.
4. Free from disease, insects, and defects such as knots, sun-scald,
windburn, injuries, disfigurement, or abrasions.
5. Conform to measurements after pruning with branches in normal
positions.
6. Conform to American Association of Nurserymen standards unless
shown differently on plant list.
7. Trees:
a. Single, straight trunks, unless indicated otherwise
b. Trees with weak, thin trunks not capable of support will not be
accepated.
c. All multi-stem trees are to have a minimum of three stems,
similar in size and shape, with a spread of approximately 2/3
of the height. All yaupons to be female. Crape myrtle color
selection by Landscape Architect.
8. Nursery grown stock only.
9. Subject to approval of Landscape Architect.
10. Seasonal color:
a. Annuals in 4” pots or as specified
b. Perennials in 4” pots, clumps, bulbs as specified
B. Topsoil
1. Natural, fertile, friable soils having a textural classification of loam or
sandy loam possessing characteristics of soils in vicinity which
produce heavy growth of crops, grass, or other vegetation.
2. Free of subsoil, brush, organic litter, objectionable weeds, clods,
shale, stones ¾” diameter or larger, stumps, roots or other material
harmful to grading, planting, plant growth, or maintenance
operations.
3. Presence of vegetative parts of Bermuda grass ( Cynodon
dactylon), Johnson grass, nut grass (Cyperus rotundus), and other
hard to eradicate weeds or grass will be cause for rejection of
topsoil.
4. Test topsoil (cost by Contractor):
a. Available nitrogen
b. Available phosphorus
c. Available potash
d. Iron
e. Ph: 5.5 to 7.0
f. Decomposed organic matter: 6-10%
C. Mulch
1. Top Dressing Mulch – Shredded cypress or hard wood only
2. Mulch for soil prep – Shredded pine bark
3. In pre-packaged bags only; bulk shredded material is unacceptable
D. Peat Moss Commercially available baled peat moss or approved
equivalent.
E. Staking Material
1. Stakes for tree support:
a. Construction grade yellow pine, stain brown
b. Size as noted on plans
2. Wires:
a. Padded with rubbed hose to protect tree
b. Galvanized
c. With galvanized turnbuckle
d. Evenly tighten turnbuckles with plant in vertical position.
F. Water
1. Free of oils, acids, alkali, salt, and other substances harmful to plant
growth
2. Location: Furnish temporary hoses and connections on site.
G. Sand – Washed builders sand
H. Antidesicant – "Wilt-proof" or equal.
I. Edging – 3/16" X 4" green, new and unused; with stakes.
2.02 MIXES
D. Planting Mixture
1. Existing topsoil – 50%
2. Shredded pine bark – 50%
3. Fertilizer 10:20:10 at 30 lb./1000 SF
E. Planting Mix for Annuals/Perennials
1. Prepare above mix
2. Add 2” of sand
F. Azalea mix: solid peat moss in hole 9" wider than root ball each direction.
Plant in solid peat moss and provide mound at base of plant to allow for
drainage.
G. Japanese maple, dogwood, camellias: Provide 50/50 peat moss to topsoil
mix, raise for drainage.
PART III - EXECUTION
3.01 UTILITIES - verify location of all utilities prior to initiating construction;
repair any damage caused by construction at no cost to owner.
3.02 INSPECTION
A. Inspect plants for injury and insect infestation; prune prior to installation.
B. Inspect site to verify suitable job conditions.
3.03 FIELD MEASUREMENTS
A. Location of all trees and shrubs to staked in the field and approved by
Owner’s representative prior to installation.
B. Location of all groundcover and seeding limits as shown on plans.
3.04 EXCAVATION FOR PLANTING
A. Pits
1. Shape - Vertical hand scarified sides and flat bottom.
2. Size for trees – 2 feet wider or twice the root ball, whichever is
greater.
3. Size for shrubs – Size of planting bed as shown on drawings.
4. Rototill soil mix thoroughly, full depth.
5. NOTE: If beds are proposed beneath drip line of existing tree
canopy, pocket prep plants. Do not roto-till beneath existing trees.
B. Obstructions Below Ground
1. Remove rock or underground obstructions to depth necessary to
permit planting.
2. If underground obstructions cannot be removed, notify Owner’s
representative for instruction.
C. Excess Soil Dispense of unacceptable or excess soil away from the
project site at Contractor’s expense.
3.05 PLANTING
A. General
1. Set plants 2” above existing grade to allow for settling.
2. Set plants plumb and rigidly braced in position until planting mixture
has been tamped solidly around ball.
3. Apply soil in accordance with standard industry practice for the
region.
4. Thoroughly settle by water jetting and tamping soil in 6” lifts.
5. Prepare 3” dish outside root ball after planting.
6. Thoroughly water all beds and plants.
7. Stake trees and large shrubs as indicated on plans.
8. Apply anti-desicant according to manufacturer’s instructions.
9. Apply commercially manufactured root stimulator as directed by
printed instruction.
10. Plant and fertilize bedding plants per trade standards.
11. Apply 3” mulch top dressing.
B. Balled Plants
1. Place in pit of planting mixture that has been hand tamped prior to
placing plant.
2. Place with burlap intact to ground line. Top of ball to be 2” above
surrounding soil to allow for settling.
3. Remove binding at top of ball and lay top of burlap back 6”.
4. Do not pull wrapping from under ball, but cut all binding cord.
5. Do not plant if ball is cracked or broken before or during planting
process or if stem or trunk is loose.
6. Backfill with planting mixture in 6” lifts.
C. Container Grown Plants
1. Place in pit on planting mixture that has been hand tamped prior to
placing plant.
2. Cut cans on two sides with an acceptable can cutter, and remove
root ball from can. Do not injure root ball.
3. Carefully remove plants without injury or damage to root balls.
4. Backfill with planting mixture in 6” lifts.
D. Mulching
1. Cover planting bed evenly with 3” of mulch.
2. Water immediately after mulching.
3. Where mulch has settled, add additional mulch to regain
3” thickness.
4. Hose down planting area with fine spray to wash leaves of plants.
D. Pruning
1. Prune minimum necessary to remove injured twigs and branches,
dead wood, and succors; remove approximately 1/3 of twig growth
as directed by landscape architect; do not cut leaders or other
major branches of plant unless directed by landscape architect.
2. Make cuts flush, leaving no stubs.
3. Paint cuts over 1” diameter with approved tree wound paint.
4. Do not prune evergreens except to remove injured branches.
3.06 EDGING
A. Stake edging alignment with string line prior to installation. Use framing
square to insure right angles are true.
B. Install all edging straight and true as indicated on drawings. Where edging
layout is circular in design, maintain true and constant radii as shown.
C. When required on slopes, make vertical cuts (approximately 6” on center)
on bottom of edging to allow bending without crimping edging.
D. Install edging so that approximately 1” is exposed on lawn side. Edging
should not be visible from bed side after application of mulch.
E. Align edging with architectural features (ie pavement joints, windows,
columns, wall, etc.) when drawings indicate.
F. Bend all corners, do not cut corners.
G. Interlock all pieces with pre-fabricated connectors.
H. Install with all stakes on inside of planting bed.
I. Remove, file off all sharp corners and burrs.
3.07 CLEAN-UP
A. Sweep and wash all paved surfaces.
Remove all planting and construction debris from site, including rocks,
trash and all other miscellaneous materials.
3.08 MAINTENANCE
A. Contractor responsible for routine, and regular maintenance of site until
Final Acceptance is awarded by Owner. Work includes:
1. Weeding (weekly)
2. Watering (as required)
3. Pruning
4. Spraying
5. Fertilizing
6. Mulching
7. Mowing (weekly)
B. Provide Owner and Landscape Architect with preferred maintenance
schedule in writing. Schedule shall include the above-listed tasks and
shall address all frequencies, rates, times, levels, etc.
END OF SECTION
Sheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETL-5TURF SPECS
06/05/23
SIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT
WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF
ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672 ON 06/05/23, WHO MAINTAINS THE ORIGINAL
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREG CUPPETT,
FILE. THIS ELECTRONIC DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT
EXAMINERS, THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPON-
TO RULE 3.103(F) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL
1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
SECTION 02800
FINISH GRADING, LAWN WORK, WILD FLOWERS
PART I - GENERAL
1.01 DESCRIPTION
A. Work includes turf establishment (sod, hydromulch, etc.) as described on
drawings.
B. Make required analysis and material tests for topsoil, fertilizers, and other
materials of similar character per current methods of the Association of
Official Agricultural Chemists, when required.
C. Grass seed shall conform to tolerances for germination and purity per
applicable standards of U.S. Department of Agriculture.
D. The turf contractor shall have a stand of grass established prior to
substantial completion of the project. If this is not possible due to time of
year or schedule, he shall maintain and protect the seeded areas until the
grass is established.
PART II - PRODUCTS
2.01 TOPSOIL MATERIAL
A. Topsoil material (stockpiled, as specified in Specifications) has been saved
for use in finish grading. After sifting out all plant growth, rubbish, and
stones, use for areas designated to receive grass. If stockpiled topsoil is not
sufficient quantity to complete work, furnish acceptable topsoil from another
approved source to provide four inches (4") of topsoil for grass areas unless
otherwise noted on drawings. Grass areas shall be defined as the graded
areas disturbed during construction not to be paved or built upon.
B. Acceptable topsoil material shall be defined as natural, fertile, agricultural
soil, capable of sustaining vigorous plant growth, uniform composition
throughout admixture of subsoil, free of stones, lumps, plants, and their
roots, sticks, or other extraneous matter; do not deliver while in a frozen or
muddy condition.
2.02 FERTILIZER
A. Provide a commercial balanced fertilizer delivered to the job in bags labeled
with manufacturer's guaranteed analysis. Store in weatherproof storage,
place in such a manner that its effectiveness will not be impaired.
B. Fertilizer shall be a grade containing the percentages of plant food elements
by weight as specified elsewhere in these specifications.
C. Availability of various elements shall be per Standards of the Association
of Official Agricultural Chemists.
2.03 GRASS SEED
A. Grass seed shall be of the previous season's crop and the date of analysis
shown on each bag shall be within nine (9) months of the time of delivery to
the project. When requested by the Owner or Representative, the seeding
contractor shall furnish a sample of seed from each bag for testing.
B. The seed shall comply with all provisions of the U.S. Department of
Agriculture as to labeling, purity, and germination.
2.04 MULCHING
A. Dry straw or hay of good quality, free of seeds of competing plants and at
such rate of 1 1/2 - 2 tons per acre; or,
B. Wood cellulose or cane fiber mulch at a rate of 1,000 pounds per acre when
the slope is 3/4:1 and steeper; or,
C. A combination of good quality dry straw or hay free of seeds of competing
plants at a rate of 2 1/2 tons per acre and wood cellulose or cane fiber mulch
at a rate of 500 pounds per acre. This combination shall be used when the
slope is flatter than 3/4:1; or,
D. Sericea lespedza seed bearing hay at a rate of 3 tons per acre. This mulch
may be applied green or air dried, but must contain mature seed.
E. Manufactured mulch materials, such as soil retention blankets, erosion
control netting, or others that may be required on special areas of high
water concentration or unstable soils. When these materials are used, follow
the manufacturer's recommendations for installation.
2.05 HYDRO-MULCHING
Wood cellulose fiber or cane fiber mulch will be applied with hydraulic
seeding and fertilizing equipment. All slurry ingredients shall be mixed to
form a homogeneous slurry and spray applied within one hour after the
mixture is made.
When wood cellulose or cane fiber mulch is used at the 500 pound per acre
rate, straw or hay mulch with asphalt emulsion is applied over this to
complete the mulch.
Wood cellulose or cane fiber mulch at the 1,000 pound per acre rate is used
alone where other mulch material will not stick.
Wood cellulose or cane fiber mulch is self anchoring.
PART III - EXECUTION
3.01 RESPONSIBILITY
The site grading contractor will be responsible to stockpile acceptable topsoil
in a sufficient quantity to provide four inches (4") minimum cover for all grass
areas, including but not limited to all curbed islands, and topsoil planting
mounds/berms at the appropriate height and width as defined and shown on
the landscaping and/or planting drawings. The topsoil and grass areas shall
be further defined as any area disturbed during the grading and construction
process.
The site grading contractor, shall be responsible to spread the topsoil within
all perimeter graded areas and future building areas only.
The site grading contractor shall be responsible for backfilling of all curbed
islands and planting mounds/berms. They shall also be responsible for
removal of all stones, roots, and raking of all topsoil areas hat are to be
seeded and/or planted. It will also be the site grading contractor's
responsibility to provide fertilizer, grass seed, and any additional topsoil
required and mulching.
3.02 GRASS SEEDING
A. Remove stones, roots, rubbish and other deleterious materials from
topsoiled areas that are to be seeded.
B. Immediately prior to sowing seed, scarify ground as necessary; rake until
surface is smooth and friable. Sow seed evenly, lightly wood rake into
ground, then roll ground with suitable roller; water thoroughly with fine spray.
During any weather, keep lawn watered with sprinklers or other approved
methods. Re-seed any areas not doing well or damaged. At intervals as
may be required according to seasonal conditions, mow and water grass and
execute necessary weeding until acceptable and full stand of grass has been
obtained.
C. Provide permanent grass seeding for lawn areas so indicated. Seed in
accordance with the following schedule (unless otherwise directed by Owner
or Owner's Representative::
1. Sow areas ready for seeding between March 1 and October 1 with
Hulled Common Bermuda at a rate of 85 pounds per acre.
2. Sow areas ready for seeding between October 1 and March 1 with
Unhulled Common Bermuda at a rate of 90 pounds per acre, and
Annual Rye Grass at the rate of 50 pounds per acre.
3. Apply fertilizer at a rate of 20/25 pounds per 1,000 square feet.
3.03 WILD FLOWERS
A. Areas indicated on plans to receive wild flower coverage shall br fine graded,
fertilized, and prepared in a manner similar to traditional turf establishment.
B. Area to be hydromulched with seed mix as follows:
Tickseed 10 pounds/acre
Cosmos 15 pounds/acre
Ox-Eyed Daisy 5 pounds/acre
Side Oats Grama 4 pounds/acre
Showy Primrose 0.5 pounds/acre
Plains Coreopsis 2 pounds/acre
Black Eyed Susan 2 pounds/acre
Indian Blanket 10 pounds/acre
Texas Bluebonnet 4 pounds/acre
Little Bluestem 4 pounds/acre
3.04 MULCH
A. All areas to be seeded shall be mulched.
B. Mulch materials shall be applied uniformly over the seeded area. Mulch shall
be straw and shall be at the rate of 1 1/2 - 2 tons per acre
C. Mulch shall be anchored with an emulsified asphalt binder at the rate of 10
gallons per 1,000 square feet.
3.05 PROTECTION
Provide, at no additional cost to Owner, fencing, railing, wire or other types
of protection for topsoiled and seeded areas against trespassing and
damage. If lawns are damaged prior to Final Acceptance, treat or replace
them as directed. Remove protection when so directed.
3.06 MAINTENANCE
Provide maintenance from start of work until Final Acceptance. Maintenance
includes watering of lawns, weeding, mowing, edging, repairs of wash-outs
and gullies, repairs to protection, and other necessary work of maintenance.
Maintain slopes against erosion.
3.07 REHYDROMULCHING
The Owner's representative will designate areas to be replanted. Areas on
which a stand of growing grass is not present in a reasonable length of time,
(Bermuda grass seed should be germinating in 6-8 days) shall be prepared,
reseeded and remulched, as specified for original planting at no additional
cost to Owner. A stand shall be defined as live plants from seed occurring at
a rate of not less than 1,000 growing plants per square foot. Replanting
required because of faulty operations or negligence on the part of the
Contractor shall be performed without cost to Owner.
3.08 FINAL CLEAN-UP
A. At time of final inspection of work, and before final acceptance, clean paved
areas that are soiled or stained by operations of work of this section. Clean
by sweeping or washing, and remove all defacements or stains.
B. Remove construction equipment, excess material and tools. Cart away from
site any debris resulting from work of this section and dispose of as directed.
END OF SECTION
SECTION 02922
SODDING
PART I - GENERAL
1.01 DESCRIPTION
A. Work Included
1. Sod bed preparation
2. Fertilizing
3. Sodding
4. Miscellaneous management practices
B. Related Work Specified Elsewhere
1. Finish Grading, Section 02800
2. Lawns and Grasses, Section 02930
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
American Joint Committee of Horticultural Nomenclature,
Second Edition, 1942.
B. Texas Highway Department - Standard Specifications for Construction,
Item 164, Seeding for Erosion Control.
1.03 SUBMITTALS
A. Vendors Certification That Sod Meets Texas State Sod Law
1. Include labeling requirements.
2. Include purity and type.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
A Sod:
1. Previous season's crop with date of analysis on each bag.
2. Furnish and deliver each variety in separate bags or containers.
3. Sod to be cut no more than three days before delivery.
B. Fertilizer:
1. Unopened bags labeled with the analysis.
2. Conform to Texas Fertilizer Law.
1.05 JOB CONDITIONS
A. Planting Season:
1. Only during suitable weather and soil conditions.
2. As specifically authorized by the Owner's Representative.
B. Schedule - Only after all other construction is complete.
C. Protect and Maintain Sodded Areas
1. From traffic and all other use.
2. Until sodding is complete and accepted.
PART II - PRODUCTS
2.01 MATERIALS
A. Sod:
1. Sod: As specified on drawings, weed, insect, and disease free
having a minimum of 1 inch of topsoil attached to the roots and cut
no more than three days prior to installation.
2. The sod shall be cut in strips of at least 1/2 sq. yd. and not more
than 1 sq. yd. Sod shall be cut into strips not less than 12" in width
or more than 9' in length. At the time of harvest, the top growth shall
not exceed 3" in length.
3. All sod shall conform to the laws of the State and shall be obtained
from sources meeting the approval of the Department of Agriculture,
Division of Entomology.
B. Fertilizer:
1. Uniform in composition, free flowing.
2. Suitable for application in approved equipment.
3. Analysis of 16-20-0, 16-8-8 or as directed.
C. Water:
1. Free of oil, acid, alkali, salts or other substances harmful to growth
of grasses.
PART III - EXECUTION
3.01 SOD BED PREPARATION
A. Cultivate to a depth of four (4") inches by disking and tilling with a power
tiller.
B. Clear surfaces of all materials:
1. Stumps, stones, and other objects larger than one inch (1").
2. Roots, brush, wire, stakes, etc.
3. Any objects that may interfere with sodding or maintenance.
C. Prepare sod bed:
1. Remove soil clods larger than one inch (1").
2. Grade areas to smooth, even surface, removing ridges and filling
depressions. Final grade to be below finish grade of curbing and
edging as shown on details. All grades shall meet approval of
Owner's Representative before sodding.
3.02 SODDING
A. Sodding:
1. Lightly water prepared grade, lay sod with staggered joints and with
edges touching. Topdress with topsoil at edges if necessary to
provide smooth surface. On slopes of 2 to 1 and greater, fasten sod
in place with wood pegs (two each piece) or other approved
method. Sod damaged by storage or during installation shall be
rejected. Following settling, topdress with screened, approved
topsoil.
2. Water and fertilize at 5 lbs. per 1,000 sq. ft.
3. Sod shall not be placed during a drought, nor during periods when
sod is not normally placed in the area, and shall not be placed on
frozen ground. No dry or frozen sod is acceptable.
4. The contractor shall keep all keep all sodded areas moist and
growing until Final Acceptance. All areas shall be maintained in an
acceptable condition until acceptance by Owner.
B. Rolling:
1. After placing sod, roll with a hand roller, weighing not more than 100
lbs. per foot of width, in two directions.
2. Eliminate all air pockets; finished surface should be free of
excessive undulations.
3.05 MAINTENANCE AND MANAGEMENT
A. Includes protection, replanting, maintaining grades, repair of erosion
damage. Also includes weekly mowing at 1 1/2" height until final
acceptance.
B. Resodding:
1. Resod damaged or unacceptable areas.
2. Ruts, ridges, and other surface irregularities shall be corrected.
END OF SECTION
Sheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETI-1IRRIGATION PERFORMANCE SPEC
1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
SECTION 02750 - IRRIGATION
PART I - GENERAL
1.01 DESCRIPTION
A.Work Included - The contractor shall be required to
design and install an automatic, underground
irrigation system consistent with all local, state, and
federal codes, laws and regulations.
1. System will include separate circuits for
shrub/ground cover areas.
2. Heads in lawns to be 4" pop-ups; drip irrigation
is to be used in beds.
3. All trees shall be watered separately, 2 pop-up
bubblers per tree.
4. Submit plan to owner for review and approval
prior to construction.
B.Includes:
1. Piping and fittings.
2. Connection to existing water lines.
3. Valves, bubblers, quick couplers, dripline,
filters, pressure regulators, spray heads, and
rotary heads.
4. All miscellaneous fittings and accessories
required to complete and operate system.
5. Excavation and backfill.
6. Testing and adjusting.
7. Clean up.
1.02 QUALITY ASSURANCE
A. Codes and Standards:
1. All applicable local, state and national
Plumbing Ordinances, Electrical
Codes, Building Codes and Irrigation Codes
Regulations or Ordinances.
2. National Plumbing Code.
B. Licenses:
1. All work shall be performed by or under
the direct supervision of an irrigator or
plumber licensed to install an irrigation
system under the authority of the State of
Mississippi.
C. Reference Standards:
1. ASTM D-2241-78
2. CS 256-63
1.03 SUBMITTALS
A. Maintenance Materials : At completion of the job,
furnish spare parts and all special tools and equipment
required to operate and maintain system.
B. Maintenance Data: Furnish two copies of parts list
and repair manuals and all special tools and equipment
required to operate and maintain system.
C. Manufacturer's Literature: Submit catalogue data
indicating, performance, weight, size and function of
each item of equipment and material. Also
provide manufacturer's operating manual.
02750-1
D. Project Record Documents: Record on a clean
set of plans in colored pencil and also a
reproducible mylar:
1. All piping and wiring, including control
wires by dimensions.
2. Locate all valves by dimension from
two directions.
PART II - PRODUCTS
2.01 GENERAL
A. Equipment and Material Requirements:
1. Standard product of acceptable
manufacturer.
2. In-service performance records
to verify published capabilities.
3. New and unused.
2.02 MATERIALS
A. PVC Pipe and Fittings:
1. Polyvinyl chloride pipe (PVC) in
accordance with ASTM D-2241-78
made to SDR-PR dimensions and
approved by National Sanitation
Foundation.
2. All pipe downstream of backflow
preventer to be Class 200 PVC; all
swing joints and risers to be Schedule
80.
B. Joints and Fittings:
1. Nipples and risers: Schedule 80
threaded PVC pipe.
2. Fittings: Schedule 80 PVC.
C. Valves:
1. Double Check Double Gate Valve
a. Approved Product: FEBCO.
b. In plastic valve box with cover
c. Ball valve and wye strainer
installed upstream of double
checkdouble gate valve.
2. Electric Control Valve
a. Electric control, in-line, Irritrol
700 series.
b. Size to match upstream pipe or
as shown on drawings.
c. Install in jumbo plastic valve
box with plastic manual cutoff on
upstream side.
D.Sprinkler Heads
1. Toro 570 Z spray heads on flex riser;
no cut-off nipples
2. Hunter, PGP and/or PGJ rotors on
swing joints
E.Drip Zone Control Kit
1.Hunter ICZ-101-40
a. Install in jumbo plastic valve box with
plastic manual cutoff on upstream side.
02750-2
F. Drip Line Tubing
1.Hunter PLD-04-12
a. Install at grade below mulch 12" O.C.
b.Use 1 staple every 5' to hold down
tubing. Do not puncture
tubing.
c.Do not place dripline under paving. Use
¾" PVC
d.Install PLDBV at end of each run in box.
2.Hunter PLD-BLNK when no emission device
is needed
3.Drip Zone Winter Flushing
a.Install two (2) ¾" ball valve down stream
from drip zone valve in box.
b.Install first valve between Drip Zone
valve and dripline
c.Tee into line down stream of first valve
and install second valve
upstream of Dripline tubing.
d.Leave end of second valve unattached on
discharge side for future connection to air
supply.
G. Controller - Irritrol, MC-E
H. Quick Couplers - Include ¾ inch quick coupler
on main line in jumbo box at 100 feet on center.
I. Rain/Freeze Sensor - Hunter RFC
PART III - EXECUTION
3.01 GENERAL
Install all equipment and products in accordance
with manufacturer's recommendations.
3.02 INSTALLATION
A. PVC Pipe and Fittings:
1. Handle and install PVC pipe, couplings, and
fittings in accordance with manufacturer's
recommendations and industry standards.
2. All PVC fittings shall be molded of the same
material as the pipe and shall be suitable for
solvent weld, slip joint ring tight seal, or
screwed connections.
3. Minimum 12" trench depth, laterals;
18" main
B. Leak Test:
1. When the main line or sections of
the main line, e.g. loops with swing joints
and valves have been installed, the
system (or section) will then be
pressurized to the operating pressure
indicated on the drawings. The pressure
will then be maintained for a 24 hour test
period prior to backfilling.
2. All leaks will be repaired and
retested prior to backfilling lines.
02750-3
3.03 TREE PROTECTION
A.When possible run trenches along edges of
paving and curbs or building walls to
minimize tree root disturbance.
B.When trenching within tree drip line is
absolutely necessary, trench radially into
tree's root system. Do not trench across
roots.
C.Supply trenching plan to owner for
approval.
3.04 CLEANUP
A. Make final cleanup of all parts of
work before final acceptance.
B. Remove all construction materials and
equipment.
C. Prepare site in an orderly and finished
appearance.
D.Remove from site any rock or extra soil
that resulted from this work and restore
site to its original condition.
END OF SECTION
NOTE: IN THE EVENT ANY PORTION OF
THESE SPECICIFICATIONS OR DETAILS
CONFLICTS WITH LOCAL OR STATE
LAWS AND REGULATIONS, LOCAL/STATE
STANDARDS SHALL SUPERSEDE.
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSEDIRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672) ON 06/05/23 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES ANDREGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONICDRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
06/05/23 ROTSAC
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Sheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETI-3IRRIGATION DETAILS
1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSEDIRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672) ON 06/05/23 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES ANDREGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONICDRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
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CONCRETE
SCALE: NOT TO SCALE
EDGE OF
TRENCH
DOUBLE CHECK/WYE VALVE ASSEMBLY
TYPICAL INSTALLATION
`A' AS PER LOCAL CODE
WASHED GRAVEL
`A'
`A'
SCALE: NOT TO SCALE
`A'
`A'
2" CLEARANCE -
ON PIPE
DO NOT SET BOX
BOX & COVER PER
CODE/ORDINANCE
THRUST BLOCKS - PLAN VIEW
AND LATERALS 2" & LARGER
NOTE: - THRUST BLOCKS ON MAIN LINE - ALL SIZES;
QUICK COUPLER VALVE
SCALE: NOT TO SCALE
#4 X 18" REBAR SUPPORT
WIRED TO VALVE
1" PLASTIC BALL VALVE
JUMBO PLASTIC BOX
SWING JOINT
PRE-MANUFACTURED
MAIN LINE
6" GRAVEL BASE
NOTE: INCLUDE HOSE BIB
ATTACHMENTS PER JOB.
- MINIMUM BLOCK SIZE 8"X8"X8"
(18" DEPTH)
TRENCH DETAIL
SCALE: NOT TO SCALE
MAIN LINE
TWO-WIRE
LATERAL LINE
SECTION 18"12"6"CLEAR
SNAKE PIPE INTRENCH AS SHOWN 15"W x 21"L
IF REQUIRED
USE EXTENSION
FINISH GRADE
HEAD LAYOUT
SCALE: NOT TO SCALE
Plan View
HEADS 4" CLEAR
FROM BACK OF CURB
ALL LOCATIONS
CLEAR6"
FEBCO WYE STRAINER
BALL VALVE
TO METER TO IRRIGATIONMODEL DUAL-1 DECODER
JACKETED ID WIRE PATH FROM
CONTROLLER ALLOW 5 ft/1.5M
SLACK PER DECODER/1/2 ON
EITHER SIDE OF DECODER
DBR\Y-6 (2)
DBY (2)
TWISTED TO NEXT DECODER
JACKETED ID WIRE PATH
TWO BLACK WIRES TO VALVE
SOLENOID/UP TO 100FT/30M
NOTE: All DUAL-1
DECODERS SHALL HAVE
THE FOLLOWING
ADDRESS AND
CORRESPONDING
COLOR
ADDRESS 1 = Black
JUMBO PLASTIC BOX
(PLASTIC BALL VALVE,
MANUAL VALVE
TO MAIN LINE
6" GRAVEL BASE 12" DEPTHPLUMB & LEVEL W/
SET ALL BOXES
UNIFORM ALIGNMENTWHEN GROUPED
15"W x 21"L
IF REQUIREDUSE EXTENSION
MATCH PIPE SIZE;
AMETEK OR EQUAL)
ALL VALVE BOXES4"X8"X16" CMU BLOCK
ELECTRIC CONTROL VALVE
SCALE: NOT TO SCALE
CONTROL VALVE
TYPICAL INSTALLATION OF
SCALE: NOT TO SCALE
BUBBLER HEAD
SPRAY HEAD AS SPECIFIED
MPR-40 ROTARY SPRINKLER ON
SWING-JOINT RISER
SCALE: NOT TO SCALE
TYPICAL INSTALLATION OF
RAINBIRD SA SERIES SWING ASSEMBLY
FINISH GRADE
MODEL RAINBIRD 1804 SAM-PRS
RAINBIRD SA SERIES SWING ASSEMBLY
Sheet Number
WARD ARCHITECTURE PLLC
5004 THOMPSON TERRACE SUITE 107
COLLEYVILLE, TEXAS 76034
MARSHALL GRAIN CO. 5311 COLLEYVILLE BLVDCOLLEYVILLE, TX 76.34Checked By
Drawn By VD
GW
Sheet Title
Issued:
Revisions
DateNo.Description
Issue Date:
Project No:22-72
DESIGN SET
- -
817-281-5600
DESIGN SETI-2DRIP DETAILS
1921 MAPLEWOOD DRIVE
WEATHERFORD, TX 76087 682-215-9151
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSEDIRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672) ON 06/05/23 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES ANDREGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONICDRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
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TOP OF MULCH
TIE DOWN STAKE
FINISH GRADE
LANDSCAPE DRIPLINE TUBING:
NETAFIM TECHLINE #TLDL6-1210
DRIPLINE ON GRADE
SCALE: NOT TO SCALE
(18" LATERAL SPACING, 12" EMITTER SPACING)
FINISH GRADE
VALVE BOX
SEE SPECS.
BRICK SUPPORTS
(THREE)
3/4" GRAVEL SUMP(1 CUBIC FOOT)
SECTION - NO SCALE
LINE FLUSHING VALVE
DRIPLINE TUBING
LINE FLUSHING
VALVE
1"
LF
2" TO 4" FROM EDGE
LINE FLUSHING VALVE
PLUMBED TO DRIPLINE
PERIMETER LATERALS
AREA PERIMETER
PROFESSIONAL LANDSCAPE
CONNECTIONDRIPLINE START
MALE ADAPTER
CONTROL ZONE KIT
TYPICAL DRIPLINE END FEED LAYOUT
DETAIL - NO SCALE
AND TEE
18" ROW SPACING
TYPICAL
PLD-TEE
DRIPLINE TUBING
PVC TEE (SxSxT)
PVC PIPING
SECTION - NO SCALE
DRIPLINE START CONNECTION
BLANK DRIPLINE
TUBING
DRIPLINE 3/4"
MALE ADAPTER
DRIPLINE
SERVICING ASSEMBLY
PVC SCH 80 UNION FOR
3-INCH MINIMUM DEPTH OF
3/4-INCH WASHED GRAVEL
PVC SCH 40 MALE ADAPTER
PVC SCH 40 TEE OR ELL
AND PVC SCH 40 ELL
PVC SCH 80 NIPPLE
(2-INCH LENGTH, HIDDEN)
BRICK (1 OF 4)
PVC SCH 40 ELL
PVC SCH 80 CLOSE NIPPLE
JUMBO VALVE BOX WITH COVER:
AS REQUIRED, 1 OF 2)
PVC SCH 80 NIPPLE (LENGTH
PVC MAINLINE
FINISH GRADE
LATERAL PIPE
CONTROL ZONE KIT:
RAINBIRD XCZ-100-PRF
FLOW CONTROL ZONE KIT
SCALE: NOT TO SCALE
IRRIGATION NOTES:
1. IRRIGATION LINES ARE SOMETIMES SHOWN OUTSIDE
PLANTING BEDS FOR GRAPHIC CLARITY ONLY. ADJUST
INSIDE BEDS ON SITE.
2. AVOID TRENCHING WITHIN DRIP LINE OF EXISTING TREES.
WHERE NECESSARY, TRENCH RADIALLY, RATHER THAN
ACROSS THE ROOT SYSTEM.
3. MAIN LINE TO BE DETERMINED (CONTRACTOR TO CONFIRM).
4. ALL SLEEVES UNDER PAVING TO EXTEND 12" PAST EDGE OF
PAVING. COORDINATE WORK WITH GENERAL AND PAVING
SUBCONTRACTOR.
5. ALL HEADS TO BE 4" POPS IN LAWNS. ALL HEADS WITH
CHECK VALVES.
6. COORDINATE SLEEVE SIZE AND LOCATION FOR FREEZE
SENSOR, RAIN GAUGE AND CONTROLLER WITH GENERAL
CONTRACTOR. SEAL ALL BUILDING PENETRATIONS WATER
TIGHT.
7. SEE FOLLOWING DETAIL SHEET FOR IRRIGATION DETAILS.
8. CONTACT CITY FOR WATER PRESURE. VERIFY ON SITE AND
REPORT TO LANDSCAPE ARCHITECT PRIOR TO BEGINNING
ANY WORK.
9. CONTRACTOR RESPONSIBLE FOR LOCATION OF ALL
UTILITIES INCLUDING BUT NOT LIMITED TO TELEPHONE,
TELECABLE, ELECTRIC, GAS, WATER, AND SEWER. ANY
DAMAGE TO UTILITIES TO BE REPAIRED BY CONTRACTOR
AT NO COST TO OWNER. REFER TO SITE/UTILITY PLANS.
10. VERIFY 100% COVERAGE OF SYSTEM OVER ALL PLANTING &
LAWN AREAS AS SHOWN ON DRAWINGS.
11. IF PEDESTAL MOUNTED CONTROLLER IS SPECIFIED, MOUNT
ON 4"X3'X3' CONCRETE SLAB WITH (4) #4'S EACH WAY.
SLEEVE THROUGH SLAB FOR CONTROLLER WIRING AS
REQUIRED.
12. UNLESS NOTED OTHERWISE, THERE ARE NO EXISTING
SLEEVES. IRRIGATION CONTRACTOR TO SIZE AND
COORDINATE SLEEVE INSTALLATION AS NEEDED IN ALL
LOCATIONS UNDER PAVEMENT.
13. QUANTITES ARE PROVIDED AS A COURTESY AND ARE NOT
INTENDED FOR BID PURPOSES. CONTRACTOR TO VERIFY
ALL QUANTITIES PRIOR TO BIDDING.
14. IF DOUBLE CHECK IS PROHIBITED BY LOCAL
CODE/ORDINANCE, SUBSTITUTE WITH APPROVED
BACKFLOW PREVENTION DEVICE.
15. ALL WORK IN ACCORDANCE WITH LOCAL, STATE, &
NATIONAL CODES & ORDINANCES.
16. CONTRACTOR TO SIZE CONTROL SIZE WIRE AS NECESSARY.
HOWEVER, MINIMUM SIZE TO BE 14 GAUGE PER NATIONAL
ELECTRICAL CODE. ALL SPLICES WITH APPROVED
MANUFACTURED CONNECTOR IN VALVE BOX.
17. DO NOT LOCATE VALVE BOXES IN SWALES, LOW AREAS, OR
ANY OTHER LOCATIONS THAT MAY COLLECT WATER.
18. CONTROLLER TO BE WIRED ON DEDICATED 110 VOLT
CIRCUIT AND GROUNDED W/"GROUNDING SPIKE" PER
MANUFACTURER'S INSTRUCTIONS.
19. ADJUST HEADS TO AVOID OVERSPRAY ONTO STREETS,
ROADWAYS, BUILDINGS AND ELECTRICAL EQUIPMENT.
20. INCLUDE ONE SPARE WIRE FROM CONTROLLER TO EACH
CONTROL VALVE. EACH WIRE TO BE VARYING COLOR.
21. CONTRACTOR IS RESPONSIBLE FOR ADJUSTING FLOW
CONTROL AND/OR PRESSURE REGULATOR AT EACH
CONTROL VALVE AS NECESSARY TO MAKE SYSTEM
OPERATE AS INTENDED.
22. DRIP IRRIGATION IS INTENDED TO MAINTAIN ESTABLISHED
PLANT MATERIAL. CONTRACTOR SHALL HAND WATER AND
MAINTAIN NEW PLANTINGS AS REQUIRED UNTIL
ESTABLISHMENT AND ACCEPTANCE.
23. IRRIGATION CONTROLS SHALL BE SET TO RUN AT OPTIMAL
TIMES OF THE DAY TO MINIMIZE EVAPORATION LOSS AND
BUSINESS DISRUPTION. BROADCAST SYSTEMS SHOULD
NOT BE RUN DURING TENANT'S NORMAL BUSINESS HOURS.
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, July 10, 2023 at 7:00 p.m.
City Council Meetings: Tuesday, August 1, 2023 & Tuesday, August 15, 2023 at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a change in zoning from CC-1 Village Retail district to
PUD-C Planned Unit Development – Commercial district on Lot 1, Block
1, of the Tuntun Addition.
Zoning Case: ZC23-014 Applicant: Gerald Ward Owner: BAJRAM & RUZDI INVESTMENTS LLC Location: 5311 Colleyville Blvd Property Description: Lot 1, Block 1, Tuntun Addition Present Zoning: CC-1 Village Retail 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
1
Notify_List
1 COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 5209 COLLEYVILLE BLVD
2 BAJRAM & RUZDI INVESTMENTS LLC 4701 MILL CREEK RD COLLEYVILLE, TX 76034 5311 COLLEYVILLE BLVD
3 KIPTON ANDERSON INVESTMENTS LL 5303 COLLEYVILLE BLVD STE B COLLEYVILLE, TX 76034 5303 COLLEYVILLE BLVD
4 C & S SKY BLUE CORPORATION 5307 COLLEYVILLE BLVD
5 BAJRAM & RUZDI INVESTMENTS LLC 4701 MILL CREEK RD COLLEYVILLE, TX 76034 5309 COLLEYVILLE BLVD
6 R P GANTOS VENTURES LLC 7213 COTTONWOOD CT NORTH RICHLAND HILLS, TX 76182 5413 COLLEYVILLE BLVD
7 BRADY, LIBBY W 5405 COLLEYVILLE BLVD COLLEYVILLE, TX 76034 5401 COLLEYVILLE BLVD
8 BARNARD PARTNERS XIII LTD PO BOX 127 COLLEYVILLE, TX 76034 5301 COLLEYVILLE BLVD
9 HART, KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE, TX 76034 5301 PLEASANT RUN RD
10 MDC COAST 7 LLC 11995 EL CAMINO REAL SAN DIEGO, CA 92130 1221 CHURCH ST
11 FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX 76034 5300 COLLEYVILLE BLVD
12 GII SHP EBSW DFW LLC 707 WESTCHESTER AVE SUITE 401 WEST HARRISON, NY 10604 5500 COLLEYVILLE BLVD
13 BARNARD PARTNERS XII LTD PO BOX 127 COLLEYVILLE, TX 76034 1105 PROFESSIONAL CT
14 LAUKIEN, DIRK D 24 WATERWAY AVE STE 225 SPRING, TX 77380 1205 CHURCH ST
15 BRANCH BANKING & TRUST CO PO BOX 167 WINSTON SALEM, NC 27102 1201 CHURCH ST
16 BARNARD PARTNERS XVIII LTD PO BOX 127 COLLEYVILLE, TX 76034 1104 PROFESSIONAL CT
17 COLLEYVILLE LOFTS VENTURE LLC 5065 MINNOW LN CUMMING, GA 30028 5232 COLLEYVILLE BLVD
18 RIVERWALK AT COLLEYVILLE P.O. Box 1031 COLLEYVILLE ,TX 76034 COURTESY NOTICE
19 HIDDEN OAKS ESTATES COLLEYVILLE ,TX 76034 COURTESY NOTICE
20 BRIDGES AT RIVERWALK ADDITION P.O. Box 1183 COLLEYVILLE ,TX 76034 COURTESY NOTICE
21 GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED
5850
5616
6230
1401
6100
6012
6200
6201
6004
1318 6220
1401
1405
1315
6208
1312
6200
6004
6108
6219
1905
6208
5713
6306
1400
6114
5713
6000
6301
6104
1317 6209
6301
5713
6213
1901
1800
5900
1400
6207
6204
1801
6104
6225
6001
6105
1900
6206
1712
5725
6112
6300
1601
6221
6000
1601
6110
6109
1900
6008
6118
1732
5713
1800
1800
6255
1809
6125
6210
1829
5713
1801
6008
6209
6201
6205
5700
61136100
1801
1509
5801
5801
5801
5800
6215
1316
5707
6301
6013
BROUGHTON DRTINKER RD
TUS CANY DR
HA
R
D
A
G
E
L
N
HALL JOHNSON RD
OAK POINTE DR
COLLEYVILLE BLVDBRAZOS CTR
O
C
KDOVE CIRARRINGTON GRN
STRATTON GRN
GROSVENOR GRNPONDEROSA STCAMDEN GRN
F OU NTA IN PASS DR
Parcels to be notified
Buffer
Subject Property
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.
ZC23-013
6113 Colleyville Blvd
Notification Map
ORDINANCE O-23-2247
AN ORDINANCE REZONING FROM CC-1 VILLAGE RETAIL TO PUD-C
PLANNED UNIT DEVELOPMENT – COMMERICAL DISTRICT ON LOT
1A, BLOCK 1, TUTUN ADDITION AND LOT 1, BLOCK 1, BOJKU FAMILY
ADDITION LOCATED AT 5309 AND 5311 COLLEYVILLE BOULEVARD;
BEING APPROXIMATELY 2.39 ACRES, 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 to change the
zoning from CC-1 Village Retail to PUD-C Planned Unit
Development – Commercial district, Case No. ZC23-014; 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 purpose of this ordinance is to amend the base
zoning for the real property described as Lot 1A, Block 1, Tutun
Addition and Lot 1, Block 1, Bojku Family Addition, commonly
known as 5309 and 5311 Colleyville Boulevard (the
“Property”), and to further provide for a PUD-C overlay district
to allow for a nursery and greenhouse use.
Ordinance O-23-2247
Page 2 of 6
Sec. 2.THAT the zoning for the Property is hereby amended as
follows:
1. GENERAL
a. The Property shall further be subject to a PUD-C
overlay district (the “Overlay District”) upon the
effective date of this ordinance. The Overlay District
shall be subject to all CC-1 Village Retail base zoning
district regulations, except as expressly provided
otherwise in this ordinance.
b. A nursery and greenhouse use with outdoor display of
merchandise is allowed.
c. Should the Overlay District terminate in the manner
provided in this ordinance, the Property shall retain
the zoning classification of CC-1 Village Retail.
2. DEVELOPMENT OF THE PROPERTY
a. The Property is currently developed with two
commercial buildings and shall be developed with one
additional greenhouse generally consistent with the
Site Plan, which is attached hereto as Exhibit “B”.
b. The buildings erected on the Property shall be
consistent with the elevations, materials, and
articulation as depicted in Exhibit “C”, unless
expressly provided otherwise in this ordinance.
3. PUD-C OVERLAY DISTRICT REGULATIONS
The following PUD-C Overlay District regulations shall apply to
the Property while the Overlay District is in effect:
a.Permitted Use. The permitted uses for the Property
shall be those listed for the CC-1 Village Retail base
zoning district. The use of nursery and greenhouse
with outdoor display of merchandise shall be allowed.
All CC-1 Village Retail district regulations shall apply
to the Overlay District except as expressly provided
otherwise by this ordinance.
Ordinance O-23-2247
Page 3 of 6
b.Business Name. The nursery and greenhouse
business shall at all times be required to operate
under the name “Marshall Grain”; provided, the
owner of the business may request to change the
name of the business by applying for a Special Use
Permit (SUP).
c.Landscaping.
1. All landscaping shall meet the minimum
requirements of Chapter 4 - Landscaping and
Buffering in the Land Development Code except as
amended.
2. All landscaping shall be as shown on the plan in
Exhibit “C” and subject to approval by city staff.
3. The required 20-foot landscaping adjacent to
Colleyville Boulevard shall be reduced to zero.
4. The monument sign shall provide landscaping
around the base.
d.Building Design.
1. All building designs shall be generally consistent
within the elevations shown in Exhibit “C”.
2.Building(s).
a) Building one is a brick building being one-story
and 2,000 s.f.
b) Building two is a one-story storage building of
2,833 s.f.
c) Building three is a proposed one-story
greenhouse of 6,000 s.f.
3. The greenhouse building shall be painted to
coordinate with the aesthetic of the remaining
structures on the site and subject to approval by
City staff.
Ordinance O-23-2247
Page 4 of 6
e. Fencing and Screening. A minimum eight (8) foot
wood fence shall be constructed along the north,
south and east property lines prior to the issuance of
any certificate of occupancy as shown on the plan in
Exhibit “C” and subject to approval by City staff.
g. Parking. The parking provided is 28 spaces.
h.Signage. A monument sign shall be allowed as it
currently exists with the exception of language per
C.4 above.
4. TERMINATION OF THE PUD-C OVERLAY DISTRICT
a. The PUD-C Overlay District is conditioned upon the
development and operation of the Property in the
manner provided herein. The PUD-C Overlay District
Regulations provided in Section 2, Subsection 3,
above shall automatically expire upon any one or
more of the following:
i. a building permit for development of the
business is not issued within 12 months of the
effective date of this ordinance;
ii. following completion of construction, the
business ceases to operate for a period of 90
consecutive days;
iii. the business operates under any name other
than Marshall Grain, unless otherwise
permitted by this ordinance; or
iv. there is a change in ownership of the business.
Sec. 3.
Sec. 4.
THAT the Property 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. All requirements of the Land Development Code shall
be met, except as expressly amended herein.
THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
Ordinance O-23-2247
Page 5 of 6
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 1st day of August
2023.
The second reading and public hearing being conducted on the 15th day of
August 2023.
Ordinance O-23-2247
Page 6 of 6
PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 15TH
DAY OF AUGUST 2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” – Zoning Exhibit
MLPUDR CC2
Exhibit “B” – Site Plan
Exhibit “C” – Building Elevations, Landscape Plan & Tree
Survey
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6b Agenda Date 8/15/2023 Number Ordinance O-23-2248
Type Ordinance
Department Engineering
Title
Amending Chapter 98, Article IV, Section 98-104 of the Colleyville Code of Ordinances,
“Schedule of Drainage Charges”
Explanation
Second Reading and Public Hearing
There were no speakers regarding this item at the August 1, 2023 City Council Meeting.
First Reading and Public Hearing
On June 15, 1993, City Council adopted Ordinance O-93-902, declaring the drainage of
the City of Colleyville to be a public utility in order to, “Protect the public health and
safety from loss of life caused by surface water overflows, surface water stagnation, and
pollution arising from non-point of source runoff within the City.”
On August 31, 1993, City Council adopted Ordinance O-93-912, which established a
schedule of drainage utility charges to be levied on all property within the boundaries of
the City of Colleyville, except those properties specifically exempted in the Ordinance.
The fee schedule established a monthly flat rate of $4.00 for all residential lots or tracts,
and a varying rate, based on land use, ranging from $6.10 for park land to $13.94 per
acre for business/commercial properties. The establishment of the drainage utility
system and the schedule of charges are codified in Part II, Chapter 98, of the Code of
Ordinances of the City of Colleyville.
On September 5, 2000, City Council adopted Ordinance O-00-1239, amending the
schedule of charges by increasing the residential rate to $6.00 per month, and the
range of the non-residential charge from $9.15 to $20.91 per acre per month.
On September 20, 2005, City Council adopted Ordinance O-05-1545, increasing the
residential fee to $7.00 per month, and the range of the non-residential fee from
$10.68 to $24.40 per acre per month. These rates are currently in effect as contained in
the attached Section 98 of the Code of Ordinances.
In order to fund the implementation of the projects identified in the Drainage Master
Plan, the recommendation is to gradually increase the drainage fees over the next three
years.
City of Colleyville Page 2
City Council Agenda Briefing 6b
Land Use Monthly Rate
Per Lot or
Tract
Current
Monthly Rate
Per Lot or
Tract
10/01/2023
Monthly Rate
Per Lot or
Tract
10/01/2024
Monthly Rate
Per Lot or
Tract
10/01/2025
Residential $7.00 $10.00 $12.00 $14.00
Land Use Monthly Rate
Per Acre
Current
Monthly Rate
Per Acre
10/01/2023
Monthly Rate
Per Acre
10/01/2024
Monthly Rate
Per Acre
10/01/2025
Park $10.68 $15.26 $18.31 $21.36
Church $15.25 $21.79 $26.14 $30.50
School $24.40 $34.86 $41.83 $48.80
Business
Commercial –
1
$24.40 $34.86 $41.83 $48.80
*Business
Commercial –
2
$10.68 $15.26 $18.31 $21.36
Industrial – 1 $24.40 $34.86 $41.83 $48.80
*Industrial –
2
$10.68 $15.26 $18.31 $21.36
Miscellaneous
– 1
$24.40 $34.86 $41.83 $48.80
*Miscellaneous
– 2
$10.68 $15.26 $18.31 $21.36
* These land use categories are applicable to business/commercial, industrial or
miscellaneous land use, which does not require construction of impervious lot cover.
Financial Impact
Adoption of the fee schedule will provide additional funding for drainage projects as
identified in the Drainage Master Plan.
Recommendation
Approve
Attachments
1. Article IV Drainage Utility System Sec. 98
2. Ordinance O-23-2248
ARTICLE IV. ‐ DRAINAGE UTILITY SYSTEM
Sec. 98‐101. ‐ Establishment of system.
The city council finds and declares that:
(1) The creation of a drainage utility system within the city is necessary to protect the public health
and safety from loss of life and property caused by surface water overflows, surface water
stagnation, and pollution arising from non-point of source runoff within the city.
(2) After proper notice, a public hearing has been conducted upon the proposed adoption of the
drainage utility system herein declared.
(3) The city will establish a schedule of drainage charges against all real property in the proposed
service area subject to charges under the Municipal Drainage Utility Systems Act (V.T.C.A., Local
Government Code § 402.041 et seq.).
(4) The city will provide drainage for all real property within the city on the payment of drainage
charges, except real property exempted pursuant to the provisions of the Municipal Drainage
Utility Systems Act (V.T.C.A., Local Government Code § 402.041 et seq.).
(5) The city will offer drainage service on nondiscriminatory, reasonable and equitable terms.
(Ord. No. O-93-902, § 1, 6-15-93)
Sec. 98‐102. ‐ Adoption of drainage utility systems act; public utility.
The city declares that it adopts the Municipal Drainage Utility Systems Act and declares the drainage
system of the city to be a public utility.
(Ord. No. O-93-902, § 2, 6-15-93)
State Law reference— Authority for above section, V.T.C.A., Local Government Code §
402.045.
Sec. 98‐103. ‐ Drainage facilities and materials incorporated into system.
The existing drainage facilities, materials and supplies of the city are incorporated into the drainage
utility system.
(Ord. No. O-93-902, § 3(A), 6-15-93)
State Law reference— Authority for above section, V.T.C.A., Local Government Code §
402.046.
Sec. 98‐104. ‐ Schedule of charges.
From and after the effective date [Oct. 1, 2005] of this section the following schedule shall apply:
Land Use Monthly Rate Per
Lot or Tract
Residential $7.00
Land Use Monthly Rate Per Acre
Park $10.68
Church 15.25
School 24.40
Business/Commercial—1 24.40
Business/Commercial—2(*) 10.68
Industrial—1 24.40
Industrial—2(*) 10.68
Miscellaneous—1 24.40
Miscellaneous—2(*) 10.68
(*) These land use categories are applicable to business/commercial, industrial or miscellaneous land
use, which does not require the construction of impervious lot cover.
(Ord. No. O-93-912, §§ 1, 3(B), 8-31-93; Ord. No. 0-00-1239, § 1, 8-15-00; Ord. No. O-05-
1545, § 2, 9-20-05)
State Law reference— Drainage charges, V.T.C.A., Local Government Code § 402.047.
Sec. 98‐105. ‐ Funding of future construction.
The drainage charges levied and provided for in section 98-104 shall include an amount made in
contribution to funding of future drainage system construction by the city.
(Ord. No. O-93-912, § 2, 8-31-93)
Sec. 98‐106. ‐ Segregation of utility income.
The city may transfer income in the drainage utility system account in whole or in part to the
municipal general fund, except for any part pledged to retire any outstanding indebtedness or obligation
incurred or as a reserve for future construction, repair, or maintenance of the drainage system. The city
shall not transfer the segregated drainage utility income to the general fund.
(Ord. No. O-93-912, § 3(C), 8-31-93)
State Law reference— Similar provisions, V.T.C.A., Local Government Code § 402.049.
Sec. 98‐107. ‐ Discontinuance of utility services for nonpayment of charges.
(a) The user of the drainage utility system shall be subject to discontinuance of all utility services provided
by the city upon failure to pay all drainage utility system charges promptly when due.
(b) Upon determination that a user has failed to pay drainage utility system charges when due, the city
may discontinue all utility services to the user of that lot or tract ten days after the city deposits in the
U.S. mail, addressed to the user of the property, a notice advising that it is the intention of the city to
discontinue all utility services to the lot or tract within ten days of the date of the notice if the delinquent
drainage utility service charges are not paid.
(c) A user may request within the ten-day period after service of notice as provided in this section, a
hearing before the city manager concerning the delinquency and proposed discontinuance of utility
services. Where a timely request for hearing has been made by the user, the city shall not discontinue
any utility services to the property until such time as the city manager has determined, after hearing,
that a delinquency in the payment of the drainage utility charges exist.
(Ord. No. O-93-912, § 3(D), 8-31-93)
State Law reference— Delinquent charges, V.T.C.A., Local Government Code § 402.050.
Sec. 98‐108. ‐ Exemptions from charges.
The following property shall be exempt from the drainage utility system charges:
(1) Property with proper construction and maintenance of a wholly sufficient, privately owned
drainage system.
(2) Property held and maintained in its natural state, until such time that the property is developed
and all of the public infrastructure constructed has been accepted by the city for maintenance.
(3) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has
been issued by the city.
(4) Property owned by the city.
(Ord. No. O-93-912, § 3(E), 8-31-93)
Sec. 98‐109. ‐ Due date and delinquency charges.
(a) Drainage utility charges shall be due and payable on the 16th day after the issuance date on the
billing statement for drainage utility charges directed to the user of the property. All drainage utility
charges not paid when due shall be increased by ten percent as a delinquency charge.
(b) If a drainage utility charge is paid by check and the check is subsequently returned unpaid, for any
reason, a service charge of $15.00 shall be assessed.
(c) Interest shall accrue upon delinquent drainage utility charges at the maximum rate allowed by law
until paid in full.
(Ord. No. O-93-912, § 3(F), 8-31-93)
State Law reference— Maximum rate of interest, V.T.C.A., Finance Code, § 302.001.
Sec. 98‐110. ‐ Billing; deposit.
(a) The city may bill for drainage utility charges, identified separately, with the city's other public utility
billings.
(b) No deposit shall be required for drainage service as a precondition to accepting surface flow in the
drainage utility system.
(Ord. No. O-93-912, § 3(G), 8-31-93)
State Law reference— Similar provisions, V.T.C.A., Local Government Code § 402.048.
Secs. 98‐111—98‐130. ‐ Reserved.
ORDINANCE O-23-2248
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 98, ARTICLE IV, SECTION 98-104 OF THE COLLEYVILLE
CODE OF ORDINANCES BY AMENDING THE SCHEDULE OF CHARGES
FOR THE CITY’S DRAINAGE UTILITY SYSTEM; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the City of Colleyville charges a monthly drainage utility fee to
each person owning a lot or tract in the City and uses the
revenue from these fees to fund drainage improvements
throughout Colleyville; and
WHEREAS, the City Council desires to enhance the services provided to
the community for drainage improvements by funding
additional utility personnel and equipment; and
WHEREAS,the City Council finds it necessary to amend the current
schedule of charges for the City’s drainage utility system to
provide the necessary funding to administer the enhanced
drainage utility services; and
WHEREAS, the City Council determines that the passage of this Ordinance
is the best interest of the health, safety and welfare of the
residents of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all matters stated hereinabove are found to be true and
correct and are incorporated herein by reference as if copied
in their entirety
Sec. 2. THAT effective October 1, 2023, Chapter 98, article IV, Section
98-104 of the City of Colleyville Code of Ordinances shall be
revised as follows.
Land Use Monthly
Rate Per
Lot or
Tract
October 1,
2023
Monthly
Rate Per
Lot or
Tract
October 1,
2024
Monthly
Rate Per
Lot or
Tract
October 1,
2025
Ordinance O-23-2248
Page 2 of 3
Residential $10.00 $12.00 $14.00
Land Use Monthly
Rate Per
Acre
October 1,
2023
Monthly
Rate Per
Acre
October 1,
2024
Monthly
Rate Per
Acre
October 1,
2025
Park $15.26 $18.31 $21.36
Church $21.79 $26.14 $30.50
School $34.86 $41.83 $48.80
Business
Commercial – 1
$34.86 $41.83 $48.80
*Business
Commercial – 2
$15.26 $18.31 $21.36
Industrial – 1 $34.86 $41.83 $48.80
*Industrial – 2 $15.26 $18.31 $21.36
Miscellaneous – 1 $34.86 $41.83 $48.80
*Miscellaneous – 2 $15.26 $18.31 $21.36
*These land use categories are applicable to
business/commercial, industrial or miscellaneous land use,
which does not require construction of impervious lot cover.
Sec. 3. That the effective date of this ordinance shall be October 1,
2023
AND IT IS SO ORDERED.
Ordinance O-23-2248
Page 3 of 3
The first reading and public hearing being conducted on the 1st day of August
2023.
The second reading and public hearing being conducted on the 15th day of
August 2023.
PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 15TH
DAY OF AUGUST 2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt L. Wyatt
City Attorney
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6c Agenda Date 8/15/2023 Number Ordinance O-23-2249
Type Ordinance
Department City Manager
Title
An ordinance granting a franchise to Atmos Energy Corporation, Mid-Tex Division, for a
term of twenty (20) years beginning January 1, 2024, to allow Atmos to provide gas
utility services within the City of Colleyville, and providing for a franchise fee for use of
the City's Rights-of-Way
Explanation
Second Reading and Public Hearing
There were no speakers regarding this item at the August 1, 2023, City Council
Meeting.
First Reading and Public Hearing
Background
The City of Colleyville's current franchise agreement with Atmos Energy Corporation,
Mid-Tex Division, ends on December 31, 2023. The proposed ordinance renews the
franchise for a 20 year term ending December 31, 2043. The renewal franchise
ordinance does not change customer gas rates. It grants Atmos Energy permission to
use and occupy City ROWs for the purpose of laying, maintaining, constructing,
protecting operating, and replacing their system as needed and necessary to deliver,
transport, and distribute gas in, out of, and through the City. Any construction within
the ROW must be in conformance with City ordinances and state law. In exchange for
use of City rights of way, the City receives a franchise fee equivalent to five percent
(5%) of annual gross revenues.
Changes to Note
• Per Section 14(B), the City will need to give Atmos written notice of the City’s
intention to make major public improvements to any Public Facility, including but not
limited to pavements, sidewalks, water lines, sanitary sewer lines, storm sewer lines,
and communications lines, in any such Public Right-of-Way, so that Atmos can perform
any work they may need to do on the system. The new Ordinance requires Atmos to
initiate any such work within ninety (90) days from receipt of such notice and complete
the work in three (3) months so that it does not delay a City project. (The prior
Ordinance required work to be initiated in 120 days and did not have any limitations on
when the work had to be completed.)
• The Renewal Franchise Ordinance has an added term which requires Atmos to give
the City 30 days’ notice of any transfer or assignments of the franchise to Atmos’
City of Colleyville Page 2
City Council Agenda Briefing 6c
affiliates and requires Council approval for such an assignment. Any affiliate being
assigned the franchise would be bound to the same terms and obligations as outlined in
the Ordinance. If the affiliate materially breaches the terms of the Ordinance within 90
days of assignment, the City can terminate the Ordinance.
Financial Impact
The renewal franchise ordinance does not change customer gas rates.
Recommendation
Approve
Attachments
1. Ordinance O-23-2249
ORDINANCE O-23-2249
AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION,
MID-TEX DIVISION, A TEXAS AND VIRGINIA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT,
MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE
CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, FOR THE
TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS
IN, OUT OF, AND THROUGH SAID CITY FOR ALL PURPOSES;
PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE
OF THE PUBLIC RIGHTS-OF-WAYS; AND PROVIDING THAT SUCH
FEE SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING
AD VALOREM TAXES; REPEALING ALL PREVIOUS GAS FRANCHISE
ORDINANCES; PRESCRIBING THE TERMS, CONDITIONS,
OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE
SHALL BE EXERCISED; A MOST FAVORED NATIONS CLAUSE, AND A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
SECTION 1. GRANT OF AUTHORITY:
A. The City of Colleyville, Texas, hereinafter called “City,” hereby grants
to Atmos Energy Corporation, Mid-Tex Division, hereinafter called
"Atmos Energy," its successors and assigns, consent to use and
occupy the present and future Public Rights-of-Way” for the purpose
of laying, maintaining, constructing, protecting, operating, and
replacing the System needed and necessary to deliver, transport, and
distribute gas in, out of, and through City for persons, firms, and
corporations, including all the general public, and to sell gas to
persons, firms, and corporations, including all the general public,
within the City corporate limits.
B. Said privilege and license being granted by this Ordinance is for a
term beginning upon the effective date of this Agreement, and ending
December 31, 2043.
C. The provisions set forth in this Ordinance represent the terms and
conditions under which Company shall construct, operate, and
maintain the System within City, hereinafter sometimes referred to as
the “Franchise.” In granting this Franchise, City does not in any
manner surrender or waive its regulatory or other rights and powers
under and by virtue of the Constitution and statutes of the State of
Ordinance O-23-2249
Page 2 of 24
Texas as the same may be amended, nor any of its rights and powers
under or by virtue of City’s present or future generally applicable
ordinances. Company, by its acceptance of this Franchise, agrees that
all such lawful regulatory powers and rights as the same may be from
time to time vested in City shall be in full force and effect and subject
to the exercise thereof by City at any time.
SECTION 2. DEFINITIONS
For the purposes of this Ordinance, the following terms, phrases, words,
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words in the present tense include the
future, words in the plural number include the singular number, and words
in the singular number include the plural number. The word “shall” is
always mandatory and not merely directory.
A. “Affiliate”, in relation to Company, means a Person that controls, is
controlled by, or is under common control with Company. As used in
this definition, the term “control” means, with respect to a Person that
is a corporation, the ownership, directly or indirectly, of more than
50% of the voting securities of such Person or, with respect to a
Person that is not a corporation, the power to direct the management
or policies of such Person, whether by operation of law, by contract or
otherwise.
B. “City” means the City of Colleyville, Texas a Texas home-rule
municipality located in Tarrant County, Texas.
C. “City Council” means the City Council of the City of Colleyville, Texas.
D. “City Secretary” means City’s City Secretary, or his or her designee.
E. “Code of Ordinances” means the Code of Ordinances of the City of
Colleyville, Texas, and all amendments thereto adopted before and
after the effective date of this Ordinance.
F. “Company” shall mean Atmos Energy Corporation, Mid-Tex Division,
its successors and assigns, but does not include an Affiliate, which
shall have no right or privilege granted hereunder except through
succession or assignment in accordance with Section 18.
G. “Gross Revenues” shall mean:
Ordinance O-23-2249
Page 3 of 24
(1) all revenues received by Company from the sale of gas to all
classes of customers (excluding gas sold to another gas utility in
City for resale to its customers within City) within the corporate
limits of City;
(2) all revenues received by Company from the transportation of
gas through the System of Company within City’s incorporated
limits to customers located within City’s incorporated limits
(excluding any gas transported to another gas utility in City for
resale to its customers within City);
(3) the value of gas transported by Company for Transport
Customers through the System of Company located in City’s
Public Rights-of-Way (“Third Party Sales”) (excluding the value
of any gas transported to another gas utility in City for resale to
its customers within City), with the value of such gas to be
established by utilizing Company’s monthly Weighted Average
Cost of Gas charged to industrial customers in the Mid-Tex
division, as reasonably near the time that the transportation
service is performed; and
(4) “Gross Revenues” shall also include revenues billed but not
ultimately collected or received by Company, and the following
miscellaneous charges: charges to connect, disconnect, or
reconnect gas, contributions in aid of construction (“CIAC”), and
charges to handle returned checks from consumers within City.
(5) “Gross Revenues” shall not include:
(a) the revenue of any Affiliate or subsidiary of Company;
(b) sales taxes and franchise fees paid to City;
(c) any interest or investment income earned by Company;
and
(d) all monies received from the lease or sale of real or
personal property, provided, however, that this exclusion
does not apply to the lease of facilities within City’s Public
Right-of-Way.
Ordinance O-23-2249
Page 4 of 24
H. “In the City” or “within the City” are phrases which mean a location or
area within City’s incorporated boundaries or limits, commonly known
as “City limits”.
I. “Person” shall mean any natural person, or any association, firm,
partnership, joint venture, corporation, or other legally recognized
entity, whether for-profit or not-for-profit, but shall not, unless the
context clearly intends otherwise, include City or any employee,
agent, servant, representative or official of City.
J. “Public Facility” shall mean all present and future water lines, sanitary
sewer lines, storm sewer lines, communication lines, irrigations lines,
and any other line under jurisdiction and control of City.
K. “Public Right-of-Way” shall mean all present and future land used as
public streets, avenues, highways, alleys, sidewalks, boulevards,
drives, tunnels, drainage ways, easements dedicated by plat or other
instrument for use by public utilities (not including easements owned
by City for use by City’s utilities), bridges, and other such similar
passageways, thoroughfares and public ways under the jurisdiction
and control of City.
L. “System” or “System Facilities” shall mean all of Company’s pipes,
pipelines, gas mains, laterals, feeders, regulators, meters, fixtures,
connections, and all other appurtenant equipment used in or incident
to providing delivery, transportation, distribution, supply and sales of
natural gas, located in the Public Right-of-Way within the City.
M. “Transport Customer” shall mean any Person for which Company
transports gas through the System of Company within City’s Public
Rights-of-Way for delivery within the City (excluding other gas utilities
in City who resell gas to their customers within the City).
SECTION 3. CONDITIONS OF OCCUPANCY
A. Except where inconsistent with this Ordinance, all construction and the
work done by Company, and the operation of its business, under and
by virtue of this Ordinance, shall be in conformance with the
ordinances, rules and regulations now in force and that may hereafter
be amended or adopted by City relating to the use of its Public Rights-
of-Way, as amended or succeeded from time to time. This Ordinance
shall in no way affect or impair the rights, obligations or remedies of
Ordinance O-23-2249
Page 5 of 24
the parties under the Texas Utilities Code, or other state or federal
Law.
B. Company shall attempt to utilize the alleys of City insofar as is
reasonably practicable in conducting its work and activities hereunder.
Notwithstanding the foregoing, however, Company may, when
reasonably necessary, utilize the streets and other Public Rights-of-
Way to perform such work and activities. Company shall not be
required to locate or relocate facilities to a depth of greater than four
(4) feet unless otherwise required by City to avoid conflicts with pre-
existing facilities, or facilities that are to be either installed or
relocated as part of a City public improvement project.
C. Upon request, Company shall identify for City the location of its
System Facilities located in the City. All maps temporarily provided by
Company to City shall be confidential when clearly identified as such
by Company when provided to City, and will be provided solely for
City’s use. City agrees to maintain the confidentiality of any non-public
information obtained from Company to the extent allowed by law.
City shall not be liable to Company for the release of any information
City is required to release by law. City shall provide notice to Company
of any request for release of information previously designated by
Company as proprietary or confidential non-public information prior to
releasing the information so as to allow Company adequate time to
pursue available remedies for protection. If City receives a request
under the Texas Public Information Act that includes Company’s
previously designated proprietary or confidential information, City will
request an opinion from the Texas Attorney General as to the
confidential or the proprietary nature of the document(s). City also will
provide Company with notice of the request, and thereafter Company
is responsible for establishing that an exception under the Texas Public
Information Act allows City to withhold the information.
SECTION 4. ABANDONMENT OF RIGHT-OF-WAY
A. If City abandons any portion of the Public Rights-of-Way in which
Company has facilities, for public safety reasons or in furtherance of a
public project, City shall determine whether it is appropriate to retain
a public utility easement in such Public Right-of-Way for use by
Company. If City determines, in its sole discretion, that the continued
use of the Public Right-of-Way by Company is compatible with the
abandonment of the Public Right-of-Way, then in consideration of the
Ordinance O-23-2249
Page 6 of 24
compensation set forth in Section 9, and to the maximum extent of its
right to do so, City shall grant Company an easement for such use,
and the abandonment of the Public Right-of-Way shall be subject to
the right and continued use of Company. If City determines, in its sole
reasonable discretion, that it is not appropriate to retain a public utility
easement in such Public Right-of-Way, Company shall be responsible,
subject to the provisions of Section 5, for relocating, its System from
such Public Right-of-Way, as directed by City.
B. If Public Right-of-Way is sold, conveyed, abandoned, or surrendered
by City to a third party, such action shall be conditioned upon
Company’s right to maintain use of the former Public Right-of-Way. If
the third party requests Company to relocate its System from the
former Public Right-of-Way, and if such relocation is agreed to by
Company, such relocation shall be at the expense of the party
requesting same. In addition, in the event of a third party requesting
the relocation, if the relocation cannot practically be made to another
Public Right-of-Way, the expense of any right-of-way acquisition shall
be considered a relocation expense to be reimbursed by the party
requesting the relocation.
SECTION 5. LAYING OF LINES IN ADVANCE OF PUBLIC
IMPROVEMENTS AND RELOCATION OF COMPANY’S
FACILITIES
A. Whenever City decides to make any public improvements in any Public
Right-of-Way in which mains and pipes already exist or in which
Company may propose to lay its mains or pipes, Company will be
provided the opportunity, at no expense to City, in advance of such
public improvements, to renew such mains or pipes, if defective or
inadequate in size, and to lay service lines, or renew same, if
inadequate in size or defective, to the property lines where buildings
are already located, provided such activities do not delay City’s public
improvements.
B. Company shall be given written notice of the intention of City to make
major public improvements to any Public Facility, including but not
limited to pavements, sidewalks, water lines, sanitary sewer lines,
storm sewer lines, and communications lines, in any such Public Right-
of-Way. Within ninety (90) days from receipt of such notice, Company
shall initiate work and thereafter proceed in a workmanlike manner to
completion of the necessary work to relocate or adjust its lines and
Ordinance O-23-2249
Page 7 of 24
facilities to accommodate City’s public improvements and complete
such work in a timely manner, with a maximum timeframe of three
(3) months in order to preclude the delay of said public
improvements, at no cost to City unless such improvements are for
the primary purpose of beautification or for the benefit of a private
developer. Company shall take reasonable measures to ensure
uninterrupted service to its customers and shall reconnect all
customer service lines disconnected in the normal course of
construction at its own expense. Company shall be required to obtain
a permit for all new and all relocated installations, except in response
to an emergency or in response to a request for initiation of new
service. Company shall obtain a permit for emergency work as soon as
possible after the commencement of such work in accordance with
City ordinances, rules, and regulations.
C. When Company is required to remove or relocate its mains, laterals or
other facilities to accommodate construction by City without
reimbursement from City, Company shall have the right to seek
recovery of relocation costs as provided for in applicable state and/or
federal law. Nothing herein shall be construed to prohibit, alter, or
modify in any way the right of Company to seek or recover a
surcharge from customers for the cost of relocation pursuant to
applicable state and/or federal law. City shall not oppose recovery of
relocation costs when Company is required by City to perform
relocation. City shall not require that Company document requests for
reimbursement to City as a pre-condition to recovery from customers
of such relocation costs pursuant to applicable state and federal law.
Notwithstanding the foregoing, City shall have the right to request
other project documentation to the full extent provided by law.
D. When Company is required by City to remove or relocate its mains,
laterals, and other facilities lying within Public Rights-of-Way to
accommodate a request by City, and costs of utility removals or
relocations are eligible under federal, state, county, local or other
programs for reimbursement of costs and expenses incurred by
Company as a result of such removal or relocation, and such
reimbursement is required to be handled through City, Company’s
costs and expenses shall be included in any application by City for
reimbursement if Company submits its cost and expense
documentation to City prior to the filing of the application. If City has
knowledge of Company’s eligibility for reimbursement, City shall
provide reasonable written notice to Company of the deadline for
Ordinance O-23-2249
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Company to submit documentation of the costs and expenses of such
relocation to City. Upon receipt of an amount of reimbursement
intended for utility relocation including, but not limited to, gas utilities,
City shall remit to Company, within thirty (30) days of receipt, the
portion of reimbursement related to the relocation or removal of
Company’s facilities.
SECTION 6. EXTENSIONS FOR CUSTOMERS
Company shall extend distribution mains in any street up to one hundred
(100) feet for any one residential or commercial customer so long as the
customer at a minimum uses gas for unsupplemented space heating and
water heating. Company shall not be required to extend transmission
mains in any Public Rights-of-Way within City or to make a tap on any
transmission main within City unless Company agrees to such extension by
a written agreement between Company and a customer.
SECTION 7. DUTY TO SERVE
Company hereby agrees that it will not arbitrarily refuse to provide service
to any Person that it is economically feasible for Company to serve. In the
event that a Person is refused service, said Person may request a hearing
before the City Council or its designee, said hearing to be held within forty-
five (45) days from the date of the request for hearing. The City Council
may order Company to provide service or take any other action necessary
to bring Company into compliance with the intent of the City Council in
granting this Franchise, including the adoption of an ordinance or
resolution in accordance with Section 15.B. The City Council shall render
its opinion at its next regular meeting but in no event shall it be required
to act in less than seven (7) days.
SECTION 8. RATES
Company shall furnish reasonably adequate service to the public at
reasonable rates and charges therefor; and Company shall maintain its
System in good order and condition. Such rates shall be established in
accordance with all applicable statutes and ordinances. Company shall
maintain on file with City copies of its current tariffs, schedules or rates
and charges, customer service provisions, and line extension policies. The
rates and charges collected from its customers in the City shall be subject
to revision and change by either City or Company in the manner provided
by law.
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SECTION 9. PAYMENTS TO CITY
A.In consideration of the privilege and license granted by City to
Company to use and occupy the Public Rights-of-Way in the City for
the conduct of its business, Company, its successors and assigns,
agrees to pay, and City agrees to accept, such franchise fees in the
amount and manner described herein. Except as provided in 9.B.
below, such payments shall be made on an annual basis, on or before
April 1 during the term of the franchise.
B. The franchise fee shall be a sum of money that shall be equivalent to
five percent (5%) of the annual Gross Revenues, as defined in Section
2.G., for the preceding calendar year and shall be for the rights and
privileges during the year in which the payment is made. The initial
payment provided under this Ordinance shall be due on or before April
1, 2024, based on the preceding calendar year (January 1, 2023 to
December 31, 2023) and shall be for the right and privilege during
said calendar year. Payments shall be made on or before April 1st of
each succeeding year during the term of this Franchise. The final
payment provided under this Ordinance shall be due on or before April
1, 2043, and will be for the right and privilege during the calendar
year (January 1, 2043 to December 31, 2043). The franchise fee
amounts that are due based on CIAC shall be paid at least once
annually on or before April 30 each year based on the total CIAC
recorded during the preceding calendar year. The initial CIAC franchise
fee amount will be paid on or before April 30, 2024, and will be based
on the calendar year January 1, 2023, through December 31, 2023.
The final CIAC franchise fee amount will be paid on or before April 30,
2044, and will be based on the calendar year January 1, 2043 through
December 31, 2043).
It is also expressly agreed that the franchise fee payments shall be in
lieu of any and all other and additional occupation taxes, easement,
franchise taxes or charges (whether levied as a special or other
character of tax or charge), municipal license, permit, and inspection
fees, bonds, street taxes, and street or alley rentals or charges, and
all other and additional municipal taxes, charges, levies, fees, and
rentals of whatsoever kind and character that City may now impose or
hereafter levy and collect from Company or Company’s agents,
excepting only the usual general or special ad valorem taxes that City
is authorized to levy and impose upon real and personal property.
Ordinance O-23-2249
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Except, however, Company’s separate obligation to reimburse City for
City’s reasonable rate case expenses and for street repairs or other
damage to Public Facilities caused by Company’s employees or
contractors in accordance with City’s ordinances are not affected by
Company’s payment of franchise fees hereunder. Should City not have
the legal power to agree that the payment of the foregoing sums of
money shall be in lieu of occupation taxes, licenses, fees, street or
alley rentals or charges, easements or franchise taxes, then City
agrees that it will apply so much of said sums of money paid as may
be necessary to satisfy Company's obligations, if any, to pay such
occupation taxes, licenses, charges, fees or rentals.
C. If Company fails to pay when due any payment provided for in this
Section, Company shall pay such amount plus interest at the current
prime rate per annum from such due date until payment is received by
City.
D. City shall within thirty (30) days of final approval, give Company
notice of annexations and de-annexations of territory by City, which
notice shall include a map and addresses, if known. Upon receipt of
said notice, Company shall promptly initiate a process to reclassify
affected customers newly located into or out of the City as the result
of City’s annexation or de-annexation no later than sixty (60) days
after receipt of notice from City. Company shall not be required to
begin including payment for such newly annexed customers in the
Franchise Fee payment until the first Franchise Fee payment due
following the 60th day after Company receives notice of the annexation
from City. In no event shall the Company be required to add premises
for the purposes of calculating franchise payment prior to the earliest
date that the same premises are added for purposes of collecting sales
tax. Upon request from City, Company will provide documentation to
verify that affected customers were appropriately reclassified and
included for purposes of calculating franchise fee payments.
E. Atmos Energy Franchise Fee Recovery Tariff.
(1) Atmos Energy may file with City a tariff or tariff amendment(s) to
provide for the recovery of the franchise fees under this
Ordinance.
(2) City agrees that (i) as regulatory authority, it will adopt and
approve the ordinance, rates or tariff which provide for 100%
Ordinance O-23-2249
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recovery of such franchise fees as part of Atmos Energy’s rates;
(ii) if City intervenes in any regulatory proceeding before a
federal or state agency in which the recovery of Atmos Energy’s
franchise fees is an issue, City will take an affirmative position
supporting 100% recovery of such franchise fees by Atmos
Energy and; (iii) in the event of an appeal of any such regulatory
proceeding in which City has intervened, City will take an
affirmative position in any such appeals in support of the 100%
recovery of such franchise fees by Atmos Energy.
(3) City agrees that it will take no action, nor cause any other person
or entity to take any action, to prohibit the recovery of such
franchise fees by Atmos Energy.
F.Lease of System Facilities Within Public Rights-of-Way. Atmos Energy
shall have the right to lease, license or otherwise grant to a party
other than Atmos Energy the use of the System Facilities within the
Public Rights-of-Way provided: (i) Atmos Energy first notifies City of
the name of the lessee, licensee or user; the type of service(s)
intended to be provided through the System Facilities; and the name
and telephone number of a contact person associated with such
lessee, licensee or user and (ii) Atmos Energy makes the franchise fee
payment due on the revenues from such lease pursuant to Section 9
of this Ordinance. This authority to Lease the System Facilities within
Public Rights-of-Way shall not affect any such lessee, licensee or
user’s obligation, if any, to pay franchise fees, access line fees, or
similar Public Right-of-Way user fees.
SECTION 10. EFFECT OF OTHER MUNICIPAL FRANCHISE
ORDINANCE FEES ACCEPTED AND PAID BY
COMPANY
A. If Company should at any time after the effective date of this
Ordinance agree to a new municipal franchise ordinance, or renew an
existing municipal franchise ordinance, with another municipality in
the Mid-Tex Division, which municipal franchise ordinance determines
the franchise fee owed to that municipality for the use of its Public
Rights-of-Way in a manner that, if applied to City, would result in a
franchise fee greater than the amount otherwise due City under this
Ordinance, then the franchise fee to be paid by Company to City
pursuant to this Ordinance shall be increased so that the amount due
and to be paid is equal to the amount that would be due and payable
Ordinance O-23-2249
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to City were the franchise fee provisions of that other franchise
ordinance applied to City.
B. City acknowledges that the exercise of this right is conditioned upon
City’s acceptance of all terms and conditions of the other municipal
franchise in toto. City may request waiver of certain terms and
Company may grant, in its reasonable discretion, such waiver.
SECTION 11. BOOKS AND RECORDS
A. Company agrees that at the time of each annual payment, Company
shall also submit to City a statement showing its Gross Revenues for
the preceding calendar year as defined in Section 2.G. City shall be
entitled to treat such statement as though it were sworn and signed
by an officer of Company.
B. City may, if it sees fit, upon reasonable notice to Company, have the
books and records of Company examined by a representative of City
to ascertain the correctness of the reports agreed to be filed herein.
Company shall make available to the auditor such personnel and
records as City may in its reasonable discretion request in order to
complete such audit, and shall make no charge to City therefor.
Company shall assist City in its review by providing all requested
information no later than fifteen (15) days after receipt of a request.
The cost of the audit shall be borne by City unless the audit discloses
that Company has underpaid the franchise fee by 10% or more, in
which case the reasonable costs of the audit shall be reimbursed to
City by Company. If such an examination reveals that Company has
underpaid City, then upon receipt of written notification from City
regarding the existence of such underpayment, Company shall
undertake a review of City’s claim and if said underpayment is
confirmed, remit the amount of underpayment to City, including any
interest calculated in accordance with Section 9.C. Should Company
determine through examination of its books and records that City has
been overpaid, upon receipt of written notification from Company
regarding the existence of such overpayment, City shall review
Company’s claim and if said overpayment is confirmed, remit the
amount of overpayment to Company.
C. If, after receiving reasonable notice from City of City’s intent to
perform an audit as provided herein, Company fails to provide data,
documents, reports, or information required to be furnished hereunder
Ordinance O-23-2249
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to City, or fails to reasonably cooperate with City during an audit
conducted under the terms hereunder, Company shall be liable for
payment of a fee as set forth herein. City shall give Company written
notice of its intent to impose a fee and shall provide Company with a
period to cure its failure, such period not to exceed five (5) working
days. If Company fails to cure the alleged failure within the prescribed
time period, Company’s alleged failure to comply shall be heard at a
public meeting of the City Council. Company shall be given written
notice of the public meeting no later than five (5) calendar days prior
to the posting date of the agenda for the City Council meeting at
which such failure is scheduled to be considered by the Council. The
notice to Company shall include a list of the failures complained of.
Company shall have an opportunity to address the Council at such
public meeting. Commencing five (5) calendar days following the
adoption of a resolution or an ordinance of City that finds and
determines a failure of Company to comply with the requirements of
this Section, such failure may be treated as a material violation under
Section 15.
SECTION 12. RESERVATION OF RIGHTS: GENERAL
A. City reserves to itself the right and power at all times to exercise, in
the interest of the public and in accordance with state law, regulation
and control of Company's use of the Public Rights-of-Way to ensure
the rendering of efficient public service, and the maintenance of
Company’s System in good repair throughout the term of this
Ordinance.
B. The rights, privileges, and Franchise granted by this Ordinance are not
to be considered exclusive, and City hereby expressly reserves the
right to grant, at any time, like privileges, rights, and franchises as it
may see fit to any other Person for the purpose of furnishing gas
within the City.
C. City expressly reserves the right to own and/or operate its own
system for the purpose of transporting, delivering, distributing, or
selling gas to and for City and customers at locations within the City.
D. Nothing herein shall impair the right of City to fix, within constitutional
and statutory limits, a reasonable price to be charged for natural gas,
or to provide and fix a scale of prices for natural gas, and other
charges, to be charged by Company to residential consumers,
Ordinance O-23-2249
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commercial consumers, industrial consumers, or to any combination of
such consumers, within the territorial limits of City as same now exists
or as such limits may be extended from time to time hereafter.
SECTION 13. RIGHT TO INDEMNIFICATION, LEGAL DEFENSE AND
TO BE HELD HARMLESS
A. IN CONSIDERATION OF THE GRANTING OF THIS FRANCHISE,
COMPANY AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
(CITY AND SUCH OTHER PERSONS AND ENTITIES BEING
COLLECTIVELY REFERRED TO HEREIN AS “INDEMNITEES”),
FROM AND AGAINST ALL SUITS, ACTIONS OR CLAIMS OF
INJURY TO ANY PERSON OR PERSONS, OR DAMAGES TO ANY
PROPERTY BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY
DEATH, INJURIES TO, OR DAMAGES RECEIVED OR SUSTAINED
BY ANY PERSON OR PERSONS OR FOR DAMAGE TO OR LOSS OF
PROPERTY ARISING OUT OF, OR OCCASIONED BY COMPANY’S
INTENTIONAL AND/OR NEGLIGENT ACTS OR OMISSIONS IN
CONNECTION WITH COMPANY’S CONSTRUCTION,
RECONSTRUCTION, MAINTENANCE, REPAIR, USE,
OPERATIONS, OR DISMANTLING OF SYSTEM OR COMPANY’S
PROVISION OF SERVICE.
B. BY ENTERING INTO THIS ORDINANCE, CITY DOES NOT
CONSENT TO SUIT, WAIVE ANY GOVERNMENTAL IMMUNITY
AVAILABLE TO CITY UNDER TEXAS LAW OR WAIVE ANY OF THE
DEFENSES OF THE PARTIES UNDER TEXAS LAW.
C. IN THE EVENT ANY ACTION OR PROCEEDING SHALL BE
BROUGHT AGAINST THE INDEMNITEES BY REASON OF ANY
MATTER FOR WHICH THE INDEMNITEES ARE INDEMNIFIED
HEREUNDER, COMPANY SHALL, UPON NOTICE FROM ANY OF
THE INDEMNITEES, AT COMPANY’S SOLE COST AND EXPENSE,
RESIST AND DEFEND THE SAME WITH LEGAL COUNSEL
SELECTED BY COMPANY; PROVIDED, HOWEVER, THAT
COMPANY SHALL NOT ADMIT LIABILITY IN ANY SUCH MATTER
ON BEHALF OF THE INDEMNITEES WITHOUT THEIR WRITTEN
CONSENT AND, PROVIDED FURTHER, THAT INDEMNITEES
SHALL NOT ADMIT LIABILITY FOR, NOR ENTER INTO ANY
COMPROMISE OR SETTLEMENT OF, ANY CLAIM FOR WHICH
THEY ARE INDEMNIFIED HEREUNDER, WITHOUT THE PRIOR
Ordinance O-23-2249
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WRITTEN CONSENT OF COMPANY. COMPANY’S OBLIGATION
TO DEFEND SHALL APPLY REGARDLESS OF WHETHER CITY IS
SOLELY OR CONCURRENTLY NEGLIGENT PROVIDED THAT
INDEMNITEES MAY BE HELD RESPONSIBLE FOR THE COST OF
SUCH DEFENSE PAID FOR BY COMPANY. THE INDEMNITEES
SHALL GIVE COMPANY PROMPT NOTICE OF THE MAKING OF
ANY CLAIM OR THE COMMENCEMENT OF ANY ACTION, SUIT OR
OTHER PROCEEDING COVERED BY THE PROVISIONS OF THIS
SECTION 13. NOTHING HEREIN SHALL BE DEEMED TO PREVENT
THE INDEMNITEES AT THEIR ELECTION AND AT THEIR OWN
EXPENSE FROM COOPERATING WITH COMPANY AND
PARTICIPATING IN THE DEFENSE OF ANY LITIGATION BY
THEIR OWN COUNSEL. IF COMPANY FAILS TO RETAIN DEFENSE
COUNSEL WITHIN SEVEN (7) BUSINESS DAYS AFTER RECEIPT
OF INDEMNITEE’S WRITTEN NOTICE THAT INDEMNITEE IS
INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS
ORDINANCE, INDEMNITEES SHALL HAVE THE RIGHT TO
RETAIN DEFENSE COUNSEL ON THEIR OWN BEHALF, AND
COMPANY SHALL BE LIABLE FOR ALL REASONABLE DEFENSE
COSTS INCURRED BY INDEMNITEES.
SECTION 14. INSURANCE
A. Company shall insure its obligations and risks undertaken pursuant
to this franchise in the form of a formal plan of self-insurance
maintained in accordance with sound accounting and risk
management practices, or, at its option, maintain insurance coverage
throughout the term of the Franchise as follows: Company at his own
expense, shall purchase, maintain, and keep in force such liability
insurance as will protect him from any and all bodily injury, death,
Workers’ Compensation, and/or real or personal property damage
claims which may arise out of or result from the Company’s
operations pursuant to this Agreement, whether such operations be
by itself or by any agent, contractor, subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable.
B. The types of insurance and coverage limits required herein are as
follows:
Ordinance O-23-2249
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(1) Commercial general liability on an occurrence form with minimum
limits of $5,000,000 per occurrence and $10,000,000 aggregate.
This coverage shall include the following:
(a) Products/completed operations to be maintained for one year.
(b) Personal and advertising injury.
(c) Owners and contractors protective liability.
(d) Explosion, collapse, or underground (XCU) hazards.
(2) Automobile liability coverage with a minimum policy limits of
$1,000,000 combined single limit. This coverage shall include all
owned, hired and non-owned automobiles.
(3) Workers Compensation and Employers Liability Coverage Statutory
coverage limits for Coverage A and $500,000 Coverage B
Employers Liability.
C. Contractors and Sub-Contractors. Company’s shall cause all of its
contractor and sub-contractors working within the City to obtain,
maintain and provide proof of insurance for the same types of
insurance coverage outlined in subsection (1) above; however, the
policy limits under the general liability insurance shall be $1,000,000
per occurrence and $2,000,000 aggregate. All other coverage
provisions outlined in subsection (B) above shall apply.
D. To satisfy the insurance requirements outlined in this Section 14 (A)-
(C) above, the City may accept:
(1) Certificates of self-insurance issued by the State of Texas
evidencing an approved formal plan of self-insurance maintained
by Company in accordance with sound accounting and risk-
management practices that provides the same coverage as
required herein. Company shall require its self-insurance to
respond to the same extent as if an insurance policy had been
purchased naming the City as an additional insured, and any
excess coverage will name the City as an additional insured up to
the amounts required; or
Ordinance O-23-2249
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(2) Copies of a certificate of liability insurance evidencing the
coverage required by this section. An insurance certificate shall
contain the following required provisions:
(a) Name the City of Colleyville and its officers, employees,
officials, and elected representatives as additional insureds for
all applicable coverage;
(b) Provide for 30 days' notice to the City for cancellation, non-
renewal, or material change; and
(c) Provide that notice of claims shall be provided to the City
Secretary by certified mail.
E. All insurance companies shall be rated A+ VI or better by A.M. Best
or A or better by Standard and Poor's. The insurance shall be issued
in the standard form approved by the Texas State Board of Insurance
from an insurance company licensed to do business in the State of
Texas.
F. As between City and Company, Company’s insurance shall be
primary for liability pursuant to the franchise.
G. The policy clause "other insurance" shall not apply to the City if the
City is an insured under the policy.
H. Insurance policies obtained by a person must provide that the issuing
company waives all right of recovery by way of subrogation against
the city in connection with damage covered by the policy.
I. Any excess coverage purchased solely for the purpose of insuring
Company’s obligations under this Ordinance will name City as an
additional insured up to the amounts required herein.
SECTION 15. TERMINATION
A. Right to Terminate. In addition to any rights set out elsewhere in this
Ordinance, City reserves the right to terminate the Franchise and all
rights and privileges pertaining thereto, in the event that Company
violates any material provision of the Franchise.
B. Procedures for Termination.
Ordinance O-23-2249
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(1) City may, at any time, terminate this Franchise for a continuing
material violation by Company of any of the substantial terms
hereof. In such event, City shall give to Company written notice,
specifying all grounds on which termination or forfeiture is
claimed, by registered mail, addressed and delivered to Company
at the address set forth in Section 22 hereof. Company shall have
sixty (60) days after the receipt of such notice within which to
cease such violation and comply with the terms and provisions
hereof. In the event Company fails to cease such violation or
otherwise comply with the terms hereof, then Company’s
Franchise is subject to termination under the following provisions.
Provided, however, that, if Company commences work or other
efforts to cure such violations within thirty (30) days after receipt
of written notice and shall thereafter prosecute such curative work
with reasonable diligence until such curative work is completed,
then such violations shall cease to exist, and the Franchise will not
be terminated.
(2) Termination shall be declared only by written decision of the City
Council after an appropriate public proceeding whereby Company
is afforded the full opportunity to be heard and to respond to any
such notice of violation or failure to comply. Company shall be
provided at least fifteen (15) days prior written notice of any
public hearing concerning the termination of the Franchise. In
addition, ten (10) days’ notice by publication shall be given of the
date, time and place of any public hearing to interested members
of the public, which notice shall be paid for by Company.
(3) City, after full public hearing, and upon finding material violation
or failure to comply, may terminate the Franchise or excuse the
violation or failure to comply, upon a showing by Company of
mitigating circumstances or upon a showing of good cause of said
violation or failure to comply as may be determined by the City
Council.
(4) Nothing herein stated shall preclude Company from appealing the
final decision of the City Council to a court or regulatory authority
having jurisdiction.
(5) Nothing herein stated shall prevent City from seeking to compel
compliance by suit in any court of competent jurisdiction if
Ordinance O-23-2249
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Company fails to comply with the terms of this Franchise after due
notice and the providing of adequate time for Company to comply
with said terms.
SECTION 16. RENEGOTIATION
If either City or Company requests renegotiation of any term of this
Ordinance, Company and City agree to renegotiate in good faith revisions
to any and all terms of this Ordinance. If the parties cannot come to
agreement upon any provisions being renegotiated, then the existing
provisions of this Ordinance will continue in effect for the remaining term
of the Franchise.
SECTION 17. NO THIRD PARTY BENEFICIARIES
This Ordinance is made for the exclusive benefit of City and Company, and
nothing herein is intended to, or shall confer any right, claim, or benefit in
favor of any third party.
SECTION 18. SUCCESSORS AND ASSIGNS
A. The rights granted by this Ordinance inure to the benefit of Company.
Company may, without consent by City, transfer or assign the rights
granted by this Ordinance to an Affiliate of Company provided that
such Affiliate assumes all obligations of Company hereunder and is
bound to the same extent as Company hereunder, and has net capital
and liquid assets reasonably equivalent to Company’s as of the month
immediately preceding the transfer or there are provided other
guarantees or assurances of the transferee’s or assignee’s financial
ability to perform this Ordinance reasonably acceptable to City.
Company shall give City written notice thirty (30) days prior to such
assignment.
B. City will have the right to approve the transfer or assignment of this
Franchise except as provided in Section 18.A., provided that City may
not unreasonably withhold or delay approval to a transfer or
assignment of this Franchise. City shall not be obligated to approve
any assignment if the assignee or transferee is materially weaker than
Company. For the purpose of this Section 18.B., “materially weaker”
means that the long term unsecured debt rating of the assignee or
transferee is less than investment grade as rated by both Standard &
Poor’s Ratings Group, a division of McGraw Hill, Inc. or its successor
Ordinance O-23-2249
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(“S&P”) and Moody’s Investors Service, Inc. or its successor
(“Moody’s”). If the long term unsecured debt rating of the assignee or
transferee is not rated by S&P and Moody’s or, if rated, such rating is
materially weaker than that of Company, City agrees to request and
review such additional documents and information reasonably related
to the transaction and the legal, financial and technical qualifications
of the assignee or transferee, and that said approval shall not be
withheld solely on the basis of such ratings, or the lack of such
ratings. Any such assignment or transfer shall require that said
assignee or transferee assume all obligations of Company to be bound
to the same extent as Company hereunder. If within the first ninety
(90) days after assignment or transfer to assignee or transferee, City
identifies a failure to comply with a material provision of this
Franchise, City shall have the right, after notice and opportunity for
hearing before Council, to terminate this Franchise.
SECTION 19. COMPLIANCE WITH LAWS, CHARTER AND
ORDINANCES
This Franchise is granted subject to the laws of the United States of
America and its regulatory agencies and commissions and the laws of the
State of Texas, and all other generally applicable ordinances of the City,
not inconsistent herewith, including, but not limited to, ordinances
regulating the use of Public Rights-of-Way.
SECTION 20. FORCE MAJEURE
Notwithstanding anything expressly or impliedly to the contrary contained
herein, in the event either City or Company is unable to comply with any
obligation or undertaking contained herein by reason of any event of force
majeure, then, while so prevented, compliance with such obligations or
undertakings shall be suspended, and the time during which such party is
so prevented shall not be counted against such party for any reason. The
term “force majeure” as used herein shall mean any cause not reasonably
within the control of the party unable to comply with its obligation or
undertaking hereunder and includes, but is not limited to, acts of God,
strikes, lock-outs, wars, riots, orders or decrees of any lawfully constituted
federal, state, or local body, contagions or contaminations hazardous to
human life or health, fires, storms, floods, wash-outs, explosions,
breakage or accident to machinery or lines of pipe, inability to obtain or
delay in obtaining rights-of-way, materials, supplies, or labor permits,
temporary failures of gas supply, or necessary repair, maintenance, or
Ordinance O-23-2249
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replacement of facilities used in the performance of the obligations
contained in this Ordinance.
SECTION 21. PREVIOUS ORDINANCES
When this Ordinance becomes effective, all gas franchise ordinances and
parts of franchise ordinances applicable to Company or its predecessors in
interest granted by the City of Colleyville, Texas, are hereby repealed;
provided, however, such ordinances or parts of ordinances shall survive
and remain in effect after the effective date of this Ordinance with respect
to Company’s obligation to pay City any fees due and payable by Company
pursuant to such ordinances or parts of said ordinances, even if such
payments are not due until after the expiration and/or termination of said
ordinances or parts of ordinances.
SECTION 22. NOTICES
Any notices required or desired to be given from one party to the other
party to this Ordinance shall be in writing and shall be given and shall be
deemed to have been served and received if: (i) delivered in person to the
address set forth below; (ii) deposited in an official depository under the
regular care and custody of the United States Postal Service located within
the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address
hereinafter specified; or (iii) delivered to such party by courier receipted
delivery. Either party may designate another address within the confines of
the continental United States of America for notice, but until written notice
of such change is actually received by the other party, the last address of
such party designated for notice shall remain such party’s address for
notice:
If intended for City:
City of Colleyville
Attn: Jerry Ducay
City Manager
100 Main Street
Colleyville, Texas 76034
With copy to:
Whitt L. Wyatt
Wyatt Hamilton Findlay, PLLC
5810 Long Prairie Road
Suite 700-220
Flower Mound, Texas 75028
Ordinance O-23-2249
Page 22 of 24
If intended for Company:
Manager of Public Affairs
Atmos Energy Corp.
Mid-Tex Division
2000 Reliance Parkway
Bedford, Texas 76021
SECTION 23. PARAGRAPH HEADINGS, CONSTRUCTION
The paragraph headings contained in this Ordinance are for convenience
only and shall in no way enlarge or limit the scope or meaning of the
various and several paragraphs hereof. Both parties have participated in
the preparation of this Ordinance and this Ordinance shall not be construed
either more or less strongly against or for either party.
SECTION 24. SEVERABILITY
This Ordinance and every provision hereof, shall be considered severable,
and the invalidity or unconstitutionality of any section, clause, provision, or
portion of this Ordinance shall not affect the validity or constitutionality of
any other portion of this Ordinance. If any term or provision of this
Ordinance is held to be illegal, invalid or unenforceable, the legality,
validity or unenforceability of the remaining terms or provisions of this
Ordinance shall not be affected thereby.
SECTION 25. NO WAIVER
Either City or Company shall have the right to waive any requirement
contained in this Ordinance, which is intended for the waiving party’s
benefit, but, except as otherwise provided herein, such waiver shall be
effective only if in writing executed by the party for whose benefit such
requirement is intended. No waiver of any breach or violation of any term
of this Ordinance shall be deemed or construed to constitute a waiver of
any other breach or violation, whether concurrent or subsequent, and
whether of the same or a different type of breach or violation.
SECTION 26. ACCEPTANCE
A. In order to accept the Franchise granted herein, Company must file
with the City Secretary its written acceptance of this Ordinance within
60 days after the City provides written notice to Company of this
Ordinance O-23-2249
Page 23 of 24
Ordinance’s final passage and approval by City (the “City Adoption
Notice”).
B. At 11:59 P.M. on December 31, 2043, all rights, franchises and
privileges herein granted, unless they have already at that time
ceased or been forfeited or extended by mutual agreement while a
new franchise is being negotiated, shall at once cease and terminate;
provided, however, this Ordinance and the franchise shall remain in
effect after said time and date with respect to Company’s obligation to
pay City any fees due and payable by Company pursuant to this
Ordinance, even if such payments are not due until after the
expiration and/or termination of this Ordinance.
SECTION 27. EFFECTIVE DATE
This Ordinance shall become effective on January 1, 2024.
SECTION 28. SEVERABILITY
Should any sentence, paragraph, subdivision, clause, phrase or section of
this Ordinance be adjudged or held to be unconstitutional illegal or invalid,
the same shall not affect the validity of this Ordinance as a whole, or any
part or provision thereof other than the part so decided to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Code of
Ordinances as a whole.
IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1st day of
August 2023.
The second reading and public hearing being conducted on 15th day of
August 2023.
Ordinance O-23-2249
Page 24 of 24
PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE
15TH DAY OF AUGUST 2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF COLLEYVILLE §
I, Christine Loven, TRMC, City Secretary of the City of Colleyville,
Tarrant County, Texas, do hereby certify that the above and foregoing is a
true and correct copy of an ordinance passed by the City Council of the
City of Colleyville, Texas, at a Colleyville City Council Meeting, held on the
15th day of August 2023, as it appears on record in the approved City
Council Meeting Minutes of August 15, 2023.
WITNESS MY HAND AND SEAL OF SAID CITY, this the ___ day of
_________________, 2023.
________________________________
Christine Loven, TRMC, City Secretary
City of Colleyville, Texas
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 7a Agenda Date 8/15/2023 Number Resolution R-23-4869
Type Resolution
Department Finance
Title
Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2024 at $0.260991
per hundred dollars of valuation
Explanation
Reading and Public Hearing
The Texas Property Tax Code, Chapter 26, requires taxing units to comply with "Truth-
in-Taxation" laws in setting tax rates and performing an effective tax rate calculation.
The recommended property tax rate for the City of Colleyville Fiscal Year 2024 budget is
$0.260991/$100. This rate is higher than the calculated no-new-revenue rate of
$0.239046 and lower than the calculated voter-approval rate of $0.283010. Legislation
requires that a city take several actions in order to be in compliance with Chapter 26 of
the Texas Property Tax Code. The City must publish the attached "Notice of 2023 Tax
Year Proposed Property Tax Rate for the City of Colleyville". This notice is scheduled to
be published within the next week in the Fort Worth Star-Telegram. Due to the City
proposing to adopt a rate that exceeds the no-new-revenue rate, a public hearing is
required which is scheduled to take place on September 6, 2023 at 7 p.m. on the third
floor of 100 Main Street in Colleyville, TX 76034. The rate is scheduled for adoption on
September 19, 2023.
To inform the citizens of Colleyville of the proposed FY 2024 tax rate, the attached
resolution reflects the City Council's intention to adopt the tax rate of $0.260991 per
hundred dollars of valuation, utilizing the July 25, 2023 certified tax roll as the basis for
the proposed tax rate. Formal City Council action stating the proposed FY 2024 tax rate
is required in order to have the information necessary to publish the Notice of 2023 Tax
Year Proposed Property Tax Rate for the City of Colleyville, as required by Section
140.010 of the Local Government Code.
Financial Impact
The average residential property value for FY 2023 was $650,119, and the average
residential value for FY 2024 is $730,776. If the proposed tax rate is adopted, it will
equate to an average annual property tax payment of $1,907.26 to support City
services, including expansion of our parks and recreation services and debt service.
Recommendation
Approve
City of Colleyville Page 2
City Council Agenda Briefing 7a
Attachments
1. Tax Rate Proposal Presentation
2. 50-876 Notice
3. Resolution R-23-4869
Fiscal Year 2024
Tax Rate Proposal
City Council
August 15, 2023
7a. Resolution R-23-4869
Reading and Public Hearing
Overview
Texas Property Tax law requires that the certified roll and no-new-revenue and voter-
approval property tax rates be submitted to City Council
FY 2023 FY 2024
Certified 2023 Tax Roll $ 6,664,106,273 $ 7,432,858,753
Properties under appeal, incomplete appraisals $ 183,727,337 $ 229,674,447
Projected assessed valuation $ 6,847,833,610 $ 7,662,533,200
New Construction, non-TIF $ 69,728,625
Incremental value for TIF $ 459,085,629 $ 498,008,747
TIF 1 (adopted in 1998) – gained 8.1% value $ 441,002,903 $ 476,590,829
TIF 1A (adopted in 2012) – gained 18.4% in
value
$ 18,082,726 $ 21,417,918
Exempt Properties – up 16.8%$ 1,727,563,396 $ 2,017,869,540
Net Taxable Value, less new growth $ 4,661,184,585 $ 5,076,926,288
9% Growth from FY23 – FY24, net of new property
No New Revenue Rate Option
NNR Option is Possible for FY24 & FY25 (for sixth and
seventh year)
•Accelerates depletion of funds fueling CIP,
potentially drives CIP negative (or close to) in at
least one year
•Forces cuts or tax increase in FY26
•Aggressively cannibalizes rate
FY23
Proj
FY24 FY25 FY26 FY27 FY28 FY29 FY30
$ -
$ 1,000,000
$ 2,000,000
$ 3,000,000
$ (1,000,000)
$ (2,000,000)
$ (3,000,000)
SURPLUS/(DEFICIT) TRAJECTORY
Proposal 2 Yr. NNR
Calculation
•Current Tax Rate: $0.265618
•No-New Revenue Rate: $0.239046
•Voter Approval Rate (maximum): $0.283010
•Texas law limits tax rate growth to 3.5%/yr, which can be banked over a course of 3 years. Colleyville has not
utilized its 3.5% in that time frame, enabling an increase closer to the City’s statutory maximum of 7%
Proposed FY 2024 Property Tax Rate
2022 (FY23) Adopted Rate: $0.265618
I&S Tax Rate: $0.009593
M&O Tax Rate: $0.256026
2023 (FY24) Proposed Rate: $0.260991
I&S Tax Rate: $0.009593
M&O Tax Rate: $0.251399
Tax Rate change: -$0.004627
Rate Portion Rate Revenue from Rate
Maint. & Ops $0.251399 $1.13m
Int. & Sinking $0.009592 $0.000
TOTAL $0.260991 $1.13m
Tax Bill Comparison
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
$0.00
$500.00
$1,000.00
$1,500.00
$2,000.00
$2,500.00
Bill Comparison
Actual Avg Bill Potential Avg Bill If followed pre-2017 tax rate methodology, Colleyville’s
rate would be $0.310632
Tax Bill Comparison
Colleyville Grapevine Keller Southlake Euless Bedford NRH Hurst
0
0.2
0.4
0.6
0.8
0.265618 0.271775
0.3545 0.36
0.46 0.495726 0.547972
0.614043CURRENT TAX RATE
Tax Rate Comparison Table (assuming equalized property value)
City Tax Rate Home Value City Tax Bill Difference % Change
Coleyville 0.265618 $ 650,119.00 $ 1,726.83 $ -
Grapevine 0.271775 $ 650,119.00 $ 1,766.86 $ 40.03 102%
Keller 0.3545 $ 650,119.00 $ 2,304.67 $ 577.84 133%
Southlake 0.36 $ 650,119.00 $ 2,340.43 $ 613.60 136%
Euless 0.46 $ 650,119.00 $ 2,990.55 $ 1,263.71 173%
Bedford 0.495726 $ 650,119.00 $ 3,222.81 $ 1,495.98 187%
NRH 0.547972 $ 650,119.00 $ 3,562.47 $ 1,835.64 206%
Hurst 0.614043 $ 650,119.00 $ 3,992.01 $ 2,265.18 231%
Tax Bill Deconstruction
Property Tax Rate
Property Taxation Summary for FY24
•Significant net growth led by residential reappraisals, tempered by exemptions
•Proposing rate above the no-new-revenue rate but below current rate by $.004627
•Increasing the maintenance & operating rate, keeping debt rate the same
•Average residential tax bill calculation increasing by $181.55 annually
($15.12/mo)
•New growth nets over $180k, rate adjustment nets $1.13m
Next Steps: Meeting Dates
Ø Aug 22: CEDC budget adoption (Board)
Ø Sep 5: City Council meeting; hearing on tax rate
Hearing on budget
1st reading year-end budget amendment
1st reading fee ordinance
1st reading utility base rate changes
Adopt CEDC budget and EDCIP
Next Steps: Meeting Dates
Ø Sep 19: City Council meeting; adopt tax rate/budget
Approve year-end budget amendment
Adopt fee schedule
Approve utility base rates
Adopt 5-year CIP
Form 50-876
Statements required in notice if the proposed tax rate exceeds the no-new-revenue tax rate but does not exceed the voter-approval tax rate, as prescribed
by Tax Code §§26.06(b-2).
NOTICE OF PUBLIC HEARING
ON TAX INCREASE
This notice does not apply to a taxing unit that has a de minimis rate.
PROPOSED TAX RATE $___________________ per $100
NO-NEW-REVENUE TAX RATE $___________________ per $100
VOTER-APPROVAL TAX RATE $___________________ per $100
The no-new-revenue tax rate is the tax rate for the tax year that will raise the same amount
(current tax year)
of property tax revenue for from the same properties in both(name of taxing unit)
the tax year and the tax year.
(preceding tax year) (current tax year)
The voter-approval tax rate is the highest tax rate that may adopt without holding(name of taxing unit)
an election to seek voter approval of the rate.
The proposed tax rate is greater than the no-new-revenue tax rate. This means that is proposing
(name of taxing unit)
to increase property taxes for the tax year. (current tax year)
A PUBLIC HEARING ON THE PROPOSED TAX RATE WILL BE HELD ON (date and time)
at . (meeting place)
The proposed tax rate is not greater than the voter-approval tax rate. As a result, is not required(name of taxing unit)
to hold an election at which voters may accept or reject the proposed tax rate. However, you may express your support for or
opposition to the proposed tax rate by contacting the members of the of (name of governing body)
at their offices or by attending the public hearing mentioned above. (name of taxing unit)
YOUR TAXES OWED UNDER ANY OF THE TAX RATES MENTIONED ABOVE CAN BE CALCULATED AS FOLLOWS:
Property tax amount = ( tax rate ) x ( taxable value of your property ) / 100
(List names of all members of the governing body below, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating absences.)
FOR the proposal:___________________________________________________________________________
AGAINST the proposal: _______________________________________________________________________
PRESENT and not voting:_____________________________________________________________________
ABSENT: __________________________________________________________________________________
Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your
property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property.
Form developed by: Texas Comptroller of Public Accounts, Property Tax Assistance Division For additional copies, visit: comptroller.texas.gov/taxes/property-tax
50-876 • Rev. 6-23/4
Page 2 For additional copies, visit: comptroller.texas.gov/taxes/property-tax
Notice of Public Hearing on Tax Increase Form 50-876
The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of
property taxes in the state.
The following table compares the taxes imposed on the average residence homestead by
(name of taxing unit)
last year
to the taxes proposed to the be imposed on the average residence homestead by (name of taxing unit) this year.
2022 2023 Change
Total tax rate
(per $100 of value)
2022 adopted tax rate 2023 proposed tax rate (Increase/Decrease) of (nominal difference
between tax rate for preceding year and
proposed tax rate for current year) per $100,
or (percentage difference between tax rate
for preceding year and proposed tax rate for
current year)%
Average homestead
taxable value
2022 average taxable
value of residence
homestead
2023 average taxable
value of residence
homestead
(Increase/Decrease) of (percentage
difference between average taxable value
of residence homestead for preceding year
and current year)%
Tax on average
homestead
2022 amount of taxes
on average taxable
value of residence
homestead
2023 amount of taxes
on average taxable
value of residence
homestead
(Increase/Decrease) of (nominal difference
between amount of taxes imposed on
the average taxable value of a residence
homestead in the preceding year and the
amount of taxes proposed on the average
taxable value of a residence homestead in
the current year), or (percentage difference
between taxes imposed for preceding year
and taxes proposed for current year)%
Total tax levy on all
properties
2022 levy (2023 proposed rate x
current total value)/100
(Increase/Decrease) of (nominal difference
between preceding year levy and proposed
levy for current year), or (percentage
difference between preceding year levy and
proposed levy for current year)%
Page 3 For additional copies, visit: comptroller.texas.gov/taxes/property-tax
Notice of Public Hearing on Tax Increase Form 50-876
(Include the following text if these no-new-revenue maintenance and operations rate adjustments apply for the taxing unit)
No-New-Revenue Maintenance and Operations Rate Adjustments
State Criminal Justice Mandate (counties)
The County Auditor certifies that County has(county name) (county name)
spent $ in the previous 12 months for the maintenance and operations cost
(amount minus any amount received from state revenue for such costs)
of keeping inmates sentenced to the Texas Department of Criminal Justice. County(county name)
Sheriff has provided information on these costs, minus the state revenues (county name)
received for the reimbursement of such costs.
This increased the no-new-revenue maintenance and operations rate by /$100.
Indigent Health Care Compensation Expenditures (counties)
The spent $ from July 1 to June 30 (name of taxing unit) (amount) (prior year) (current year)
on indigent health care compensation procedures at the increased minimum eligibility standards, less the amount of state assistance.
For current tax year, the amount of increase above last year’s enhanced indigent health care expenditures is $ (amount of increase)
This increased the no-new-revenue maintenance and operations rate by /$100.
Indigent Defense Compensation Expenditures (counties)
The spent $ from July 1 to June 30
(name of taxing unit) (amount) (prior year) (current year)
to provide appointed counsel for indigent individuals in criminal or civil proceedings in accordance with the schedule of fees adopted
under Article 26.05, Code of Criminal Procedure, and to fund the operations of a public defender’s office under Article 26.044, Code
of Criminal Procedure, less the amount of any state grants received. For current tax year, the amount of increase above last year’s
enhanced indigent defense compensation expenditures is $ .
(amount of increase)
This increased the no-new-revenue maintenance and operations rate by /$100.
Eligible County Hospital Expenditures (cities and counties)
The spent $ from July 1 to June 30 (name of taxing unit) (amount) (prior year) (current year)
on expenditures to maintain and operate an eligible county hospital.
For current tax year, the amount of increase above last year’s eligible county hospital expenditures is $
(amount of increase)
This increased the no-new-revenue maintenance and operations rate by /$100.
(If the tax assessor for the taxing unit maintains an internet website)
For assistance with tax calculations, please contact the tax assessor for (name of taxing unit)
at
(telephone number)
or
(email address)
, or visit
(internet website address)
for more information.
(If the tax assessor for the taxing unit does not maintain an internet website)
For assistance with tax calculations, please contact the tax assessor for (name of taxing unit)
at or . (telephone number) (email address)
RESOLUTION R-23-4869
A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS PASSED
PURSUANT TO SECTION 26.04 AND 26.05, OF THE PROPERTY TAX
CODE OF THE STATE OF TEXAS, APPROVING A PROPOSAL OF THE
INTENT TO SET PROPERTY TAX RATES AT $0.260991 PER ONE
HUNDRED DOLLARS VALUATION FOR FISCAL YEAR 2024; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the designated Taxing Unit Representative for the City of
Colleyville, Texas (the "City"), has calculated the amount of
the no-new revenue tax rate and the voter approval tax rate
pursuant to Section 26.04(c) of the Property Tax Code of the
State of Texas (the "Property Tax Code"); and
WHEREAS, pursuant to Section 26.04(e) of the Property Tax Code, the
said tax rates have been submitted to the City Council; and
WHEREAS, pursuant to Section 26.05(a) of the Property Tax Code, a
taxing unit other than a water district must adopt a tax rate
before the later of September 30th or the 60th day after the
date of the certified appraisal roll is received by the taxing unit;
and
WHEREAS, it appears necessary to adopt a tax rate of $0.260991 per one
hundred dollars of valuation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the City Council does, by the approval of this resolution,
state its intention to adopt a tax rate for Fiscal Year 2024 of
$0.260991 per one hundred dollars of valuation. The Fiscal
Year 2024 tax rate will be adopted at the City Council meeting
to be held on September 19, 2023.
Sec. 2. THAT the 2023 tax roll as certified on July 20, 2023, by the
Chief Appraiser of Tarrant Appraisal District is adopted and is
the basis for the Fiscal Year 2024 proposed tax rate.
Sec. 3. THAT this resolution shall take effect from and after the date
of its passage.
AND IT IS SO RESOLVED.
Resolution R-23-4869
Page 2 of 2
APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 15TH DAY OF
AUGUST 2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
RESOLUTION R-23-4870
A RESOLUTION APPROVING CITY COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF
AUGUST 15, 2023
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 15TH DAY OF
AUGUST 2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor