The URL can be used to link to this page

Home My WebLink AboutCity Council-Agenda Packets-3/19/2002 City of Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD March 19, 2002 5:15 P.M. - 6:00 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of March 19, 2002, City Council Regular Agenda Items PC-2. Discussion of proposed improvements to Glade Road along Madison Place subdivision PC-3. Discussion of proposed calendar for the 2002 - 2003 budget REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Pending Litigation - Rischon Development Corporation Personnel - Six Month Evaluation of City Manager Sec. 551.071 - Sec. 551.074 - P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Neda Moayad, of Baha'i Community PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS PROCLAMATION - Colleyville Trash Off, Tree City USA and Arbor Day Celebration on April 6, 2002 - Colleyville Proud Representatives Betty Jean Wilbanks and Raman Chandler CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1923 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 5, 2002 b. Approval of minutes of the Joint City Council, Planning and Zoning Commission and SH26 Corridor Design Task Force meeting on February 18,2002 c. Approval of minutes of the City Council Worksession and Special City Council meeting on February 26, 2002 d. Approval of John Alison Goldsmith Local Historical Marker Application e. Approval of a donation from Susan Brandt of funds from a memorial for her father to be used at Colleyville Nature Center f. Approval of a donation of a Red Oak tree for City Park from Unique Landscaping g. Approval of designating surplus vehicles and equipment for disposal and approving a Contract with Tommy Lutes Auctioneers PUBLIC HEARINGS: 4. READING AND PUBLIC HEARING - Resolution R-02-1921 - Approval of the TXDOT Funding Agreement for the construction improvements at SH26 and John McCain Road 5. READING AND PUBLIC HEARING - Resolution R-02-1924 - Approval of a materials testing contract with CMJ Engineering, Inc., for the City Hall/Library project, in the amount of $65,870 6. READING AND PUBLIC HEARING - Resolution R-02-1925 - Approval of the 2001 Drainage Bond Project List 7. READING AND PUBLIC HEARING - Resolution R-02-1926 - Acceptance of the SH26 Corridor Task Force report regarding the SH26/Colleyville Boulevard Corridor Design Study and Guidelines, Case Number G-02-007 8. READING AND PUBLIC HEARING - Resolution R-02-1927 - Approval to authorize a steering committee of affected cities to retain legal counsel and rate case consultants; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas Distribution Company 9. READING AND PUBLIC HEARING - Resolution R-02-1929 - Approval of the Annual Work Plan 10. READING AND PUBLIC HEARING - Resolution R-02-1930 - Approval of the Policy for Economic Development Incentives STAFF REPORTS: 11. MONTHLY FINANCIAL REPORT REPORTS: 12. LIBRARY BOARD MINUTES - February 6,2002 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 19, 2002 - Reading and Public Hearing - Resolution R-02-1931 ADJOURNMENT: 15. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, March 15, 2002, at 4:30 p.m. ct:::;r;:;~~ City Secretary If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.577.7575, and reasonable accommodations will be made to assist you. C.\I~' Of CCe,~ PRE-COUNCIL Tw; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item #: PC-1 DEPT. : CITY COUNCIL SUBJECT: Discussion of March 19, 2002 City Council Regular Agenda Items Previous Action: None Backqround This item provides the opportunity for the City Council to discuss the March 19, 2002, City Council regular agenda items. FINANCIAL REVIEW (IF NECESSARY) cce~ PRE-COUNCIL 'C'xo; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item#: PC-2 Previous Action: None DEPT. : City Manager's Office SUBJECT: Discussion of proposed improvements to Glade Road along Madison Place subdivision Backoround City of Hurst residents have requested that additional pavement be installed along the section of Glade Road adjacent to the Madison Place Subdivision. (See attached pictures). The Madison Place developer installed a twenty-four foot section of concrete road as required by the City of Colleyville thoroughfare plan. The street plan calls for an ultimate four-lane undivided road section for this area of Glade Road. The residents are requesting that the section along Madison Place be aligned to the two-lane section in Hurst. The Hurst section of the road is approximately 42 feet in width. The proposal is to have the County install approximately 14 feet of asphalt. The City of Colleyville city limit extends to the south to the adjoining subdivision and encompasses the entire right-of-way. Once complete, the proposed road section would only be a two-lane road, with no street striping. If the City Council wishes to proceed, staff will coordinate with Hurst and Tarrant County staff in the development of an Interlocal Agreement. We have discussed with Hurst that the City of Colleyville would not expend any funds for the improvements and any improvements would meet Colleyville standards. CITY ~ER DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) cc@n~ PRE-COUNCIL 'oxo; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item #: PC-3 Previous Action: None DEPT. : City Manager Office SUBJECT: Discussion of proposed calendar for the 2002 - 2003 budget. Backoround Attached is the draft calendar for budget meetings for the development of the 2002- 2003 budget. The calendar is very similar to work activities used in the past. Staff would be interested if you have ideas on how to make the budget development process more interactive. There are several worksession dates scheduled for City Council. Please take particular note of these dates and advise if the proposed dates will work with your calendar. Attachment · Budget Calendar CITY~GER xJ~ 'm~~ DEPARTMENT HEAD ) FINANCIAL REVIEW (IF NECESSARY) Date Wednesday, April 17 Thursday, April 18 Friday, May 3 Tuesday, May 7 Wednesday, May 8 Thursday, May 9 Wednesday, May 15 Wednesday, May 22 Friday, May 24 Saturday, May 25 Wednesday, June 5 Thursday, June 6 Friday, June 7 Friday, June 14 Wednesday, June 19 Thursday, June 20 Tuesday, June 25 Monday, July 1 Friday, July 5 Thursday, July 25 Thursday, August 8 Friday, August 9 Wednesday, August 14 Tuesday, August 20 Tuesday, August 27 Tuesday, September 3 Tuesday, September 17 Thursday, January 2 City of Colleyville FY 2003 Preliminary Budget Schedule Event Budget kickoff meetings - 1 :30 p.m. and 9:00 a.m. Distribute Base Budget Forms Distribute Budget Adjustment Forms Proposed Departmental Base Budgets, Goals and Objectives and Service Delivery Measures due to Deputy City Manager Revenue detail sheets due to Finance Director Base Budget presentation sessions to Budget Committee Base Budget presentation sessions to Budget Committee Base Budget presentation sessions to Budget Committee Preliminary appraisal information received from TAD Preliminary revenue estimates due from Finance Director Budget Adjustment Forms (BAF's) due to Deputy City Manager City Council Work Session with City Manager City Council Work Session with City Manager BAF presentation and ranking BAF presentation and ranking Agency requests due to Deputy City Manager Preliminary budget due from Budget Committee to City Manager Budget Committee reviews budget with City Manager Departments receive City Manager decisions Departments appeal decisions to City Manager City Manager makes final budget decisions Receipt of certified tax roll Budget and support information compiled and finished printing Budget and CIP recommendations sent to City Council City Council budget/CIP work session Approval of Tax Rate Resolution Proposed tax rate advertised Budget and tax rate ordinances - first reading Budget and tax rate ordinances - second reading/adoption Budgets printed for distribution CC~nca CITY COUNCIL 'm; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item # : 1 Ordinance # : N/A Previous Action: None DEPT. : CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Pending Litigation - Rischon Development Corporation Personnel - Six Month Evaluation of City Manager Sec. 551.071 - Sec. 551.074 - CI~R . ~ ~~~ ~ D PARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) ccen~ CITY COUNCIL 'w; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item#: 2 Ordinance # : N/A DEPT. : CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Previous Action: None PROCLAMATION - Colleyville Trash Off, Tree City USA and Arbor Day Celebration on April 6, 2002 - Colleyville Proud Representatives Betty Jean Willbanks and Raman Chandler FINANCIAL REVIEW (IF NECESSARY) RESOLUTION R-02-1923 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF March 19, 2002 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. THAT the minutes of the regular City Council meeting of March 5, 2002, are hereby approved. b. THAT the minutes of the Joint City Council, Planning and Zoning Commission and SH26 Corridor Design Task Force meeting on February 18, 2002, are hereby approved. c. THAT the minutes of the City Council Worksession and Special City Council meeting on February 26,2002, are hereby approved. d. THAT the John Alison Goldsmith Local Historical Marker application, is hereby approved. e. THAT the donation from Susan Brandt of funds, from a memorial for her father, to be used at Colleyville Nature Center, is hereby approved. f. THAT a donation of a Red Oak tree for City Park from Unique Landscaping, is hereby approved g. THAT designating surplus vehicles and equipment for disposal and approving a Contract with Tommy Lutes Auctioneers, are hereby approved. AND IT IS SO RESOLVED. APPROVED THIS OF AYES, ATTEST: Cynthia Singleton, TRMC City Secretary DAY OF NAYS AND Resolution R-02-1923 Page 2 of2 2002, BY A VOTE ABSTENTIONS. CITY OF COLLEYVILLE Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING MARCH 5, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp on March 5, 2002, at 5:20 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Interim Director of Public Services Keith Fisher, Community Development Manager Barry LeBaron, Police Chief John Young, Administrative Assistant Cindy Martin, Marketing Specialist Dixie Cawthorne and City Secretary Cynthia Singleton were also present. Councilman Newton arrived at 5:27 p.m. PC-1. Discussion of March 5, 2002, City Council Regular Agenda Items There was general discussion regarding the City Council regular agenda items. PC-2. Discussion and consideration of the Shadowood Homeowner's request for acceptance of streets There was general discussion regarding the Shadowood Homeowner's request for acceptance of the streets. It was requested that the City Attorney develop an action plan and determine probable cost of legal requirements for acceptance of the streets. PC-3. Discussion of City of Colleyville Annual Work Plan There was no discussion on this item. CITY COUNCIL MINUTES MARCH 5, 2002 PC-4. Discussion of a proposed City of Colleyville policy adopting Economic Development Incentives There was no discussion on this item. There being no further business before the City Council, the Worksession was adjourned at 6:30 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Arp on March 5, 2002, at 6:47 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton, and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Interim Public Services Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Administrative Assistant Cindy Martin, Fire Chief Mike Johnston, Marketing Specialist Dixie Cawthorne, Financial Analyst Collin Boothe, Records Manager Matt Denton, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Potential Litigation - Explorer Pipeline Legal - Potential Litigation - Irricon Sec. 551.071 - Sec. 551.071 - Mayor Arp explained that the Executive Session had been called in accordance Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m., and reconvened at 7:40 p.m. The invocation was given by Reverend Lee Johnson, Good Shepherd Catholic Community, after which Ross Foster led the Pledge. 2 CITY COUNCIL MINUTES MARCH 5, 2002 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Ms. Jan Nelson representing the Arts Council of Northeast Tarrant County made a presentation to Councilmembers in appreciation of the City's support of the arts. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1919 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 19, 2002 b. Approval of an Interlocal Agreement with the City of Bedford for Animal Control Services Mayor Arp opened the public hearing and read Resolution R-02-1919 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-02-1919, amending the February 19, 2002, minutes to include the list of amendments by Councilman Newton to the February 5, 2002 minutes. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. READING AND PUBLIC HEARING - Resolution R-02-1920 - Approval of a request by Frank A. Ritz, Ritz Properties to move a portable building to Lot 1, Block 1, People's Bank Addition located at 5712 Colleyville Boulevard, Case G- 02-002 Mayor Arp opened the public hearing and read Resolution R-02-1920 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 3 CITY COUNCIL MINUTES MARCH 5, 2002 Councilman Rice moved to approve Resolution R-02-1920 with the amendment that the drawing of the temporary building elevation will be included as Exhibit "A". Councilman Feldman seconded the motion. Mr. Frank Ritz, 5316 Bransford Road, applicant, was present to answer questions of the Council. Discussion ensued regarding timeline for completion of the permanent building, egress and ingress from SH26 and temporary building permit approval period. Councilman Rice moved to amend Resolution R-02-1920, to include "a permit for a temporary office building is approved for a period of one year from the date the building permit is issued for the temporary office building". Councilman Feldman accepted the amendment. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. READING AND PUBLIC HEARING - Resolution R-02-1921 - Approval of the TxDOT Funding Agreement for the construction improvements at SH26 and John McCain Road Council accepted the recommendation of City Manager Bill Lindley to pass on this item in order to obtain additional information. TABLED ITEMS: 6. CONSIDERATION OF RESOLUTION R-02-1916 - Approval of an agreement with Carter and Burgess to prepare an update of the Colleyville Comprehensive Parks, Recreation and Open Space Master Plan, in the amount of $9,704 Mayor Pro Tem Tigue moved to remove this item from the table. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 4 CITY COUNCIL MINUTES MARCH 5, 2002 Discussion ensued regarding the need for the update to reflect accurate overall park land available to residents, spreadsheet model that identifies all facilities and current use, use of Grapevine-Colleyville Independent School District facilities and passive and active park needs. Councilman Feldman moved to approve Resolution R-02-1916. Mayor Pro Tem Tigue seconded the motion. Deputy City Manager Dianne McWethy stated that the contract would include an inventory of private park land and the amenities within subdivisions and the number of citizens served by the amenities. Discussion continued regarding need and reason for update, an assessment of facilities and need for citizen survey. Councilman Feldman called the question. Ayes: Councilpersons Hocutt, Rice, Feldman and Mayor Pro Tem Tigue Nays: Councilperson Newton Mayor Arp declared the motion carried. REPORTS: 7. PLANNING & ZONING COMMISSION MINUTES - February 11,2002 There was no discussion on this item. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no present wishing to speak. ACTION/RESOLUTION: 9. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 5, 2002 - Reading and Public Hearing - Resolution R-02-1922 This Resolution was not needed. 5 CITY COUNCIL MINUTES MARCH 5, 2002 ADJOURNMENT: 10. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 8:42 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2002, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 6 MINUTES OF THE JOINT CITY COUNCIL, PLANNING AND ZONING COMMISSION AND SH26 CORRIDOR DESIGN TASK FORCE MEETING FEBRUARY 18, 2002 The Joint City Council, Planning and Zoning Commission and SH26 Corridor Design Task Force meeting was called to order by Mayor Arp at 7:10 p.m. ROLL CALL: Mayor Donna Arp, Councilpersons Joe Hocutt, Brad Rice, Dana Feldman and Richard Newton, Planning and Zoning members JoAnn Gasper, Jeffrey Wall, Earl Swift and Bud Sellers, Colleyville Boulevard Corridor Task Force members Larry Midtbo, Joyce Hammill, Dee McNosky, Butch Wallace, Kipp Whitman and Curtis Young were present. City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Manager Barry LeBaron and Economic Development Manager Mike Soab were also present. Members of the City Council, Planning and Zoning Commission and SH26 Corridor Design Task Force were introduced. SH26 Corridor Design Task Force Chairman Larry Midtbo thanked the committee and Barry LeBaron, Tom Niederauer and consultant Joe Pobner for their assistance with the project. II. Presentation of Report by Staff Community Development Manager Barry LeBaron presented an overview of the State Highway 26/Colleyville Boulevard Corridor Design Study with guidelines dated December 2001. III. Questions and Answers IV. Discussion of Implementation Schedule Mr. LeBaron reviewed the proposed Implementation Plan and Project Schedule. Mayor Arp thanked the Planning and Zoning Commission and the SH26 Design Task Force for their assistance. City Council, Planning and Zoning Commission and SH26 Corridor Design Task Force February 18, 2002 V. Adjournment Mayor Arp declared the meeting adjourned at 9:10 p.m. Minutes taken and prepared by: Dianne McWethy Deputy City Manager MINUTES OF THE CITY COUNCIL WORKSESSION AND SPECIAL CITY COUNCIL MEETING February 26, 2002 6:00 - 7:00 P.M. - WORKSESSION The Worksession of the Colleyville City Council was called to order by Mayor Donna Arp on February 26, 2002, at 6:05 p.m. ROLL CALL: Councilpersons Joe Hocutt, Dana Feldman, Richard Newton and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Public Services Director Keith Fisher, Community Development Manager Barry LeBaron, Engineer Chris Steubing, Records Manager Matt Denton and City Secretary Cynthia Singleton were also present. Councilman Brad Rice arrived at 6:07 p.m. 1. Review and Discussion of Drainage Master Plan and Proposed Projects Staff provided an overview of the Storm Drainage Master Plan. Mayor Arp declared the Worksession adjourned at 6:50 p.m. SPECIAL CITY COUNCIL MEETING FEBRUARY 26,2002 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on February 26, 2002, at 7:03 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton, and Mayor Pro Tem Tigue. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Interim Public Services Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Administrative Assistant Cindy Martin, Marketing Specialist Dixie Cawthorne, Financial Analyst Collin Boothe, Records Manager Matt Denton and City Secretary Cynthia Singleton were also present. The invocation was given by Mayor Donna Arp, after which City Manager Bill Lindley led the Pledge of Allegiance. PUBLIC HEARINGS: 1. FIRST READING AND PUBLIC HEARING - Resolution R-02-1917 - Approval of a construction contract with Ratcliff Constructors for the Colleyville City Hall and Library, in the amount of $7,940,908 and a construction contingency amount of $794,090 Mayor Arp opened the public hearing and read Resolution R-02-1917 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding bid alternates and hiring a construction engineer to oversee the project. Mayor Pro Tem Tigue moved to approve Resolution R-02-1917. Councilman Feldman seconded the motion. Discussion continued regarding the reputation and work history of Ratcliff Constructors, Inc., and sub-contractors and timing of liquidated damages. Mr. Hal Sargent of Brinkley Sargent Architects was present to answer questions of the Council. Councilman Rice called the question. 2 SPECIAL CITY COUNCIL MEETING FEBRUARY 26, 2002 Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. City Manager expressed appreciation on behalf of staff to the City Council and former Councils and to the citizens of Colleyville for this new facility. 2. FIRST READING AND PUBLIC HEARING - Resolution R-02-1918 - Approval of Intersection Improvement Projects Mayor Arp opened the public hearing and read Resolution R-02-1918 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding priority of projects, citizen input and community meeting schedule. Staff provided an overview of Intersection Improvement projects. Mayor Pro Tem Tigue moved to approve Resolution R-02-1918 with the order of priorities as: 1. Glade Road at Heritage Avenue; 2. John McCain Road and SH26 Realignment; 3. Cheek Sparger Road at Jackson Road and eliminate Section 2. Councilman Newton seconded the motion. Discussion continued regarding citizen input, setting order for Priority 2 projects and funding and need for additional engineer. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEM: ACTION/RESOLUTION: 3. CONSIDERATION OF ORDINANCE 0-02-1330 - Amendments to the Colleyville Land Development Code to establish regulations for tents to be used as temporary structures, requested by the City of Colleyville, Case Z-02-004 Mayor Pro Tem Tigue moved to remove this item from the table. 3 SPECIAL CITY COUNCIL MEETING FEBRUARY 26, 2002 Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1330. Councilman Hocutt seconded the motion. Discussion ensued regarding exemption from the thirty day permitting process for public and private schools and timing of inspections by the fire department. Councilman Rice moved to amend Ordinance 0-02-1330 to add to Section 2e after 120 consecutive days: With respect to public or private schools, the tents shall be inspected by the Fire Marshall once every thirty days during the permitted period. At the end of Section 2e add: Public and private schools shall be exempt from the thirty day waiting period between permits. Discussion continued regarding thirty day waiting period, Certificate of Occupancy and consecutive permits for public and private schools. Mayor Pro Tem Tigue and Councilman Hocutt accepted the amendment. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. ADJOURNMENT: 4. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 8:45 p.m. 4 SPECIAL CITY COUNCIL MEETING APPROVED THIS AYES, Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary DAY OF NAYS AND FEBRUARY 26, 2002 2002, BY A VOTE OF ABSTENTIONS. 5 city or ~ CC~~~n@ CITY COUNCIL 'w; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item #: 3d Resolution #: R-02-1923 Previous Action: None DEPT. : City Manager's Office SUBJECT: Approval of John Alison Goldsmith Local Historical Marker Application - by Consent Reading and Public Hearing Backoround In September 2000, the City Council approved the City of Colleyville Local Historical Marker Program. Historical Preservation Committee members continue to work on various historical marker applications to designate people and/or areas, including buildings and locations, of historical significance to the City of Colleyville. Historical Preservation Committee member Mike Patterson presented a completed application to the Historical Preservation Committee in February 2002. (See attached). On March 12, 2002, the Historical Preservation Committee unanimously approved this application for recommendation to the City Council. (continued) CITY~R ~. 7JJed~ o PA~T HEAD ) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1923 Page 2 of 2 Financial Impact Funds for the Local Historical Markers in the amount of $10,000 were approved for this program. Upon approval, staff will prepare camera-ready artwork and order approved markers. Recommendation Approval Attachment . John Alison Goldsmith Application (paper copy only) COLLEYVlLLE HISTORICAL MARKER APPLICATION FORM 1. Subject of Marker: JOliN A L..-(SON Got-os IY1 f Iff Gr S,s--- /871) ... 2. Marker Location /() lie fJlaceJ it} ~i I~ ~m eJ-.e.-r'j Street Address: Wesf flrde- of Broc....Jn /rQJ.t/ Legal (Abstract Name and Number): 3. Designate type of marker requested: X 1. Colleyville Historical Marker (for a subject): 2. Colleyville Historic Landmark (for a building, object, or geographical landmark) . for which protection is encouraged: 4. Permission for placement of a marker must be given by the owner of the property on which the marker will be placed. Provide the name of a contact person if the owner is an institution, organization, business, or public entity. 5. Name of Researcher and Author of Application: ;t} / ke- fl;..-Ife-r:r-o n Contact address: :2 2...0.s- if/CLef e. RotJ-d/ allert/ille.- 1003$? Phone number: ?/1- ;;..t3 -n2b5d'Fax: 6. Additional Contacts Is there anyone else to whom correspondence should be addressed, such as a business or organization? Name: Mailing address: Phone: Fax: JOHN ALISON GOLDSMITH 1855-1877 John Alison Goldsmith was born in Buncombe County, North Carolina on October 10, 1855. He was the fourth in a family offourteen children born to John Turner Goldsmith (1824- 1911) and his wife, Naoma Bryan Com (1832-1909). By the time his younger sister was born in 1858, the family had moved to Washington County, Tennessee. Naoma Goldsmith faithfully kept a record of her family in her Bible, and a good deal of family history was written by her daughter, Minnie (Goldsmith) Ferguson and by Minnie's daughter, Cora (Ferguson) Bonifield. In the 1870's the Goldsmith family came to Texas. John ran afoul of the law (a trait also shared with at least two of his brothers) and was arrested, but escaped from the Tarrant County jail, seriously wounding the jailer. This incident happened in the fall of either 1875 or 1876, but no mention of it has been found in any Fort Worth newspapers of that time. The story was recounted in the newspaper account of John Alison Goldsmith's shooting and death in 1877. John Alison Goldsmith was never married. Descendants of the family believe he may have been a rambler with no permanent address other than that of his parents. This seems likely since he was only twenty-two years old at the time of his death. John was again arrested on suspicion of horse theft by Tarrant County sheriff's deputies, and was shot while attempting to escape on November 24, 1877. The Fort Worth Democrat carried the story, in which he is mistakenly named "Bill" Goldsmith. Naoma Goldsmith's family Bible records the death of her son, John Alison Goldsmith, on November 24, 1877. A copy of the newspaper article is attached to this paper. Rose (Hawkins) Adams remembers that her mother's brother, John Alison Goldsmith, was "killed by officers of the law over some stolen horses. She says his body was placed on top of a cellar, while the newspaper article says it was placed on the roof of a log cabin. The man mentioned as having been killed in the November 24, 1877 article in the Fort Worth Democrat could not have been John's older brother, William Marion "Bill" Goldsmith. Bill Goldsmith was later married in Montague County, Texas in 1892 and was living in Spokane, Washington around the turn ofthe century, where he died in 1902. One modem-day Goldsmith family researcher has suggested that John may have been using his older brother's name as an alias, but with a surname as distinctive as "Goldsmith" that seems unlikely. It seems unlikely that the editor of the F ort Worth Democrat would have taken many pains to get the details of Goldsmith's life correct. Goldsmith was, apparently, a known criminal and it seems the community was happy that he met the end he did. Even though it was absolutely certain that one of two deputies fired the shot which killed him, both deputies left the scene soon after the shooting, and a coroner's jury ruled that Goldsmith had died "by a pistol shot in the hands of a party unknown to them." It may also be that the "brother" mentioned in the article as living east ofBirdville was in fact Goldsmith's brother-in-law, Thomas Moore Riley, who was living on the property on which the Riley Cemetery now sits. 2 John Alison Goldsmith was buried in present-day Colleyville, along Brown Trail, on land belonging to his sister, Sarah Malinda Goldsmith (1853-1901) and her husband, Thomas Moore Riley. Riley's parents, Jonathan and Judy (Moore) Riley, originally homesteaded this property. The tradition of the Goldsmith burial became a part of the oral history ofthe community. Confederate veteran Thomas M. Allen (d. ca 1917) told Walter Couch (1892-1992) that he (Thomas) remembered the incident happening, and mentioned Goldsmith by name. Allen's family had lived nearby since the 1850's. Goldsmith's family erected a gravestone, and it remained intact until early in the twentieth century when it was destroyed by farm animals and vandals. A few fragments of it remained into the 1960's. It was made of finely-crafted brown sandstone and had a rounded (beaded) border about one-fourth inch wide cut into the front. The hewn sandstone base remains in the cemetery to this day. Two of the other Goldsmith brothers also met unfortunate ends. Jonathan Riley "Jont" Goldsmith was killed and thrown into a well in Ringling, Jefferson County, Oklahoma in 1918. The youngest sibling, Thomas Goldsmith, was sent to the penitentiary for killing a man in a dispute over some harness. Thomas died in a mental institution at Fort Supply, Oklahoma. In 1880, Goldsmith's parents, and unmarried siblings were living in Jack County, Texas. John Alison Goldsmith's family background has been well-researched within the past few years. In 1979, members of the Tarrant County Historical Commission erected an Official Texas Historical Marker in the Riley Cemetery. The Goldsmith event is mentioned, but researchers at 3 that time had only information from oral history sources...Thomas Allen via Walter Couch...as documentation. Since that time, descendants ofthe Goldsmith family have been located and the 1877 newspaper article from the Fort Worth newspaper has come to light. Notes and Sources: Fort Worth Democrat, Sunday, November 25, 1877, p. 1. Microfilm at Fort Worth Public Library. Dorothy Goldsmith, Goldsmith family genealogical data compiled and made available at <http://www. familysearch. org> Michael E. Patterson, "Riley Cemetery," unpublished manuscript, at the Old Bedford School. u. S. Federal Census, Buncombe County, North Carolina, 1850, p. 201. u. S. Federal Census, Washington County, Tennessee, 1860, Dist. 2, p. 141. u. S. Federal Census, Washington County, Tennessee, 1870, Dist. 1, p. 169. u. S. Federal Census, Jack County, Texas, 1880, Enumeration Dist. 160, p. 37. 4 A DEAD SHOT. T". Sad End Of a Notorious Hlne Tlllef. Yesterday morning, White Collins, d8l'll'Y sberi~ started out with t.wo otber deputies, iu ..... or the notorl- OUI horae thief. B1I1 Qold~mlth. who was wldel, knOWD tbrou,hoot t.. ran or the State. as a dupenlte and leartus character, as well as an un- tUUJnI.OllS horse tblef, ancl who will be temenlbe... L, man)" as Laing tbe lame Man wJ.Q Marty killed O~ jallet a year ago last fall, iu making bit es- cape. lutormatSoll came t.... be was 1"1slt;.. fng one 01 his brotben, Uvin. eAIC of Blnlvllle. They proceed lO &be plare, dJttnrett him, adstarted wJth their prisoner on their retum home. All fbllr were moul1ted 011 horses. Comas Ind OoldAmltb nre iR the lead, while tbe otber del'ulles WeN following 011 . behind. Alt!le1 reftehccf. pok1I ou the road leaclng to Denton, aOOD' ball a mUe east of the ferry on the Trinity, Goldsmltb luddeuly urpd hla hone and started on a ruD, Intending to make his eacap" As he was anted. the brush adjoining the road, 0'" of the party behind fired, and the ball struck Goldsmith in the middle 01 the back, passing through hit body; he feU from his horse and died in the course of half an hour. A cornners jury was summoned. White Collin. II witness, was unable to .tate whlcb one 01 bls d"putles bad c1nuelbe *hoollug. both laa\"ll.at dis. appeared shortly after 111& SllooctlN{. 'fbe verdict 0(100 jUf7 WllS to the ef. fect, that deeeaIed came 10 his dealta by , . 111"rol allot Id lb. band, of. tfU't1 un- known to tlle1D. A messenger "as tUlpakba' &o"1a brother", Md a.tta' puttlug thd body on top ot A log Cablel rool cl<MA h1 Co k~p It &om die hog.. IbeJur)" t(~nmcd to the elt,. Tbe body WIl' PfUbaW1 tdeJl posaessIo.l of later in the evening by his relatives. The sllootlng occurred about 10 o'clock yesterday morning, and the coronet's inquest commenced aboot four o'cloek. And so ends the event. ful career of one more notorious Texan. . ~ ~ ~ ~ Q o S C) . l I ~ ~ ~ o ~ ~ 00 T4 ... an ~ a:: tiJ Ul ~ ~ > o z >' ~ C Z :J (I) tIi < >< ~ ~ .. :t ~ ~ o ~ ~ o I,r.. John Alison Goldsmith 1855-1877 John Alison Goldsmith was born in Buncombe Co., North Carolina on Oct. 10, 1855. He was the fourth of fourteen children born to William Turner Goldsmith (1824-1911) and his wife, Naoma Bryan Corn (1832- 1909). While he was still a small boy the family moved to Washington Co., Tennessee. In the 1870's the Goldsmiths came to Texas. John A. Goldsmith ran afoul of the law and was arrested, but escaped from the Tarrant County jail in 1875, badly wounding the jailer. In 1877, John A. Goldsmith was again arrested on suspicion of horse theft by three Tarrant County sheriff's deputies, and was shot while trying to escape on Nov. 24,1877. The Fort Worth Democrat carried the story, in which he is mistakenly named "Bill" Goldsmith. A facsimile copy of the story appears at right. John Alison Goldsmith was buried here on land belonging to his sister, Sarah Melinda Riley (1853-1901) and her husband, Thomas M. Riley. Riley's parents, Jonathan and Judy (Moore) Riley, were the original homesteaders of this tract. Goldsmith's family erected a gravestone for him here, and it remained intact until early in the twentieth century, when it was destroyed by farm animals and vandals. Now only its sandstone base remains. ccece CITY COUNCIL ,,,,,$ AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item # : 3e Resolution # : R-02-1923 Previous Action: DEPT. : PARKS AND RECREATION SUBJECT: Approval of a donation from Susan Brandt of funds from a memorial for her father to be used at Colleyville Nature Center - by Consent Reading and Public Hearing On March 18, 2002, the Parks and Recreation Advisory Board will discuss the donation from Susan Brandt of funds from a memorial set up for her father to be used at the Colleyville Nature Center. Recommendation Approval Attachments . Parks and Recreation Donation Form . Parks and Recreation Donation Policy DEP NT HEAD FINANCIAL REVIEW (IF NECESSARY I I I { For Office Use only Parks and Recreation Donation Committee Parks and Recreation Advisory Boant City Council Recommendation Comments CoUeyvUIeParks and Recreation- Donation Form Proposed Donation Donor(s) ~~ ,. ~.)L,;z: . ~a,l.~~.""l../~ ].. -.:A - .;002- ProPosed D"ONItlon Description (Include a completa deKrlpUOIl -.ad If ....... photoa 01' dlMiled drMnga. Attach adcMionaI pagll5t1.....U. (U.~ ~hJ.~~~ w~.-f~:~~~ ~~h~~.o-/ ~j~. __;7 I~ ./ ~~7;_'~__ ~~~U:;:~~~V~ ~~~~~ ~..t.u - q. d-v.' , ~ Estimatect Value Preferr8cf loe "On Stlpulati . ? ~ ~ o Approve 0 Denied D /q)ptOYe O. Uenied o Approve. D. Denied- ~ \ ("~ -r,- .J ) ~~~~~~~\-~~q ~~r~.~~ckJ, 'Z77-.) fr3~Ylld. City of Colleyville Parks and Recreation Department Donation Policy Statement of Purpose The purpose of this policy is to provide a consistent basis for the consideration and acceptance of donations of equipment, structures, and/or cash to the city's park system. Definitions 1 . A donor is a person or an entity that provides a gift, grant or contribution directed to a specific fund, project or event. Donations may include, but are not limited to, money, recreational and capital equipment, landscaping, structures, fencing and art. 2. Facility is all City of Colleyville parks, buildings and amenities. 3. Donation Fund is a special fund established for the purpose of cash contributions for the City of Colleyville park system. Procedures 1 . Any person or organization considering making a donation to the City of Colleyville park system should submit a proposal, in writing, to the Parks and Recreation Manager or his/her designee. (See attached Donation Form.) 2. The proposal should include a complete description of the donation, and to the extent applicable, pictures and/or detailed drawings, preferred location of the donation and any necessary installation and/or construction details, value of donations and any stipulations concerning the donation. 3. The following guidelines will be used in consideration of the donor's request: A. The responsibility for all costs related to the design, construction, purchase and installation. B. The design of all donated items for public park use, exposure to vandalism, and wear due to exposure to extreme weather elements. C. Any necessary replacement or repair costs to the item will be the responsibility of the donor. 4. The Parks and Recreation Manager or his/her designee will review the proposal and make any comments and recommendations deemed necessary. 5. The donor must submit a request, in writing, to include the description, size, wording and proposed location of any plaque to be placed on the donated item. The following guidelines will be used for the plaque request: A. The donor will be responsible for all costs related to the design, construction, purchase and installation. B. All plaques shall be made of bronze, or similar approved materials, to reduce vandalism and wear due to exposure to extreme weather elements. C. The plaque will be flush mounted at ground or surface level or as determined appropriate by the Parks and Recreation Manager or his/her designee. D. For the purpose of this policy, no plaques that serve the purpose of advertising will be allowed. In cases where contributions have been in support of the park system, consideration will be given for approving the acknowledgment of the donor(s). 6. The Parks and Recreation Manager or his/her designee will forward all donation proposals along with comments and recommendations to the Parks and Recreation Donation Committee, which shall consist of the President, or their designee, of the city cosponsored youth sports associations and two (2) Parks and Recreation Advisory Board members. 7. The Parks and Recreation Donation Committee will review the proposed donation and make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will submit a recommendation to the City Council for final approval. 8. The City of Colleyville reserves the right to accept or reject any item submitted for approval. 9. The potential donor reserves the right to withdraw the proposed item at any time during the approval process. 10. All item(s) will be considered for acceptance on an item by item basis. 11. All accepted donations to the City's park system will become the property of the City of Colleyville and will be used at the discretion of the city. 12. The City of Colleyville reserves the right to modify or remove a donated item as determined necessary by the Parks and Recreation Manager or his/her designee for accessibility, safety and/or ease of maintenance should any one or combination of the following occur: A. The donated item becomes a hazard to the general public as may be determined by the City. B. Another use more beneficial to the general public occurs. This may include park improvements or future development, relocation or park equipment/amenities or other use of the property deemed of higher benefit to the general public. C. The City, at its sole discretion, reserves the right to make use of the area should it be necessary for the installation of any public utilities or other public improvements, the relocation of which shall be the responsibility of the City, subject to notification by City of donor(s). 13. All donations, on loan, to the City's park system will remain the property of the donor. 14. A permanent location may be designated in each park site where donations will be recognized with the item donated, the name of the donor and the date. 15. Cash donations will be deposited into a Donation Fund. The Parks and Recreation Donation Committee and the Parks and Recreation Advisory Board will make recommendations to the City Council for the expenditure of these funds. Amended 01/22/99 cce~ CITY COUNCIL 'C"XO; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item #: 3f Resolution #: R-02-1923 Previous Action: DEPT. : PARKS AND RECREATION SUBJECT: Approval of a donation of a Red Oak tree for City Park from Uni ue Landscapin - b Consent Reading and Public Hearing On March 18, 2002, the Parks and Recreation Advisory Board will discuss the donation from Unique Landscaping of a Red Oak tree for City Park. Recommendation Approval Attachments . Parks and Recreation Donation Form . Parks and Recreation Donation Policy FINANCIAL REVIEW (IF NECESSARY CoIIeyvllle Parks and- Recreation Donation Form ProPMed DonaUan DoftoIC-) f.-f d t!J fA I) V.eJl. U Itt" 'A, fA ~ JJnr!sca/JI ac;r Prapand Don.eIan DMCIIDIIon _ (Include ............ ~. ... . ..~nuill17......... .......... 1"" ~ I n JI ..... .~.l.,.J 30 ')J L1n ku I) t,- (;-roVJ n f6 c/ c;J tJt /<, EatIIn.... v..... P....rnd l..cIcll1lM 1:350 tX) C. ~ K- .......... For omc. u.. only Parka and RecrutIon DoMIIon CoIM\Wae P.u Md RKruIIon AdvIIory...... City Couneft R8cGft.............. ~...... o "...~ 0 DenIed o ~ 0 o.nIed o Approve 0 DenIed ~ City of Colleyville Parks and Recreation Department Donation Policy Statement of Purpose The purpose of this policy is to provide a consistent basis for the consideration and acceptance of donations of equipment, structures, and/or cash to the city's park system. Definitions 1. A donor is a person or an entity that provides a gift, grant or contribution directed to a specific fund, project or event. Donations may include, but are not limited to, money, recreational and capital equipment, landscaping, structures, fencing and art. 2. Facility is all City of Colleyville parks, buildings and amenities. 3. Donation Fund is a special fund established for the purpose of cash contributions for the City of Colleyville park system. Procedures 1. Any person or organization considering making a donation to the City of Colleyville park system should submit a proposal, in writing, to the Parks and Recreation Manager or his/her designee. (See attached Donation Form. ) 2. The proposal should include a complete description of the donation, and to the extent applicable, pictures and/or detailed drawings, preferred location of the donation and any necessary installation and/or construction details, value of donations and any stipulations concerning the donation. 3. The following guidelines will be used in consideration of the donor's request: A. The responsibility for all costs related to the design, construction, purchase and installation. B. The design of all donated items for public park use, exposure to vandalism, and wear due to exposure to extreme weather elements. C. Any necessary replacement or repair costs to the item will be the responsibility of the donor. 4. The Parks and Recreation Manager or his/her designee will review the proposal and make any comments and recommendations deemed necessary. 5. The donor must submit a request, in writing, to include the description, size, wording and proposed location of any plaque to be placed on the donated item. The following guidelines will be used for the plaque request: A. The donor will be responsible for all costs related to the design, construction, purchase and installation. B. All plaques shall be made of bronze, or similar approved materials, to reduce vandalism and wear due to exposure to extreme weather elements. C. The plaque will be flush mounted at ground or surface level or as determined appropriate by the Parks and Recreation Manager or his/her designee. D. For the purpose of this policy, no plaques that serve the purpose of advertising will be allowed. In cases where contributions have been in support of the park system, consideration will be given for approving the acknowledgment of the donor(s). 6. The Parks and Recreation Manager or his/her designee will forward all donation proposals along with comments and recommendations to the Parks and Recreation Donation Committee, which shall consist of the President, or their designee, of the city cosponsored youth sports associations and two (2) Parks and Recreation Advisory Board members. 7. The Parks and Recreation Donation Committee will review the proposed donation and make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will submit a recommendation to the City Council for final approval. 8. The City of Colleyville reserves the right to accept or reject any item submitted for approval. 9. The potential donor reserves the right to withdraw the proposed item at any time during the approval process. 10. All item(s) will be considered for acceptance on an item by item basis. 11. All accepted donations to the City's park system will become the property of the City of Colleyville and will be used at the discretion of the city. 12. The City of Colleyville reserves the right to modify or remove a donated item as determined necessary by the Parks and Recreation Manager or his/her designee for accessibility, safety and/or ease of maintenance should any one or combination of the following occur: A. The donated item becomes a hazard to the general public as may be determined by the City. B. Another use more beneficial to the general public occurs. This may include park improvements or future development, relocation or park equipmenUamenities or other use of the property deemed of higher benefit to the general public. C. The City, at its sole discretion, reserves the right to make use of the area should it be necessary for the installation of any public utilities or other public improvements, the relocation of which shall be the responsibility of the City, subject to notification by City of donor(s). 13. All donations, on loan, to the City's park system will remain the property of the donor. 14. A permanent location may be designated in each park site where donations will be recognized with the item donated, the name of the donor and the date. 15. Cash donations will be deposited into a Donation Fund. The Parks and Recreation Donation Committee and the Parks and Recreation Advisory Board will make recommendations to the City Council for the expenditure of these funds. Amended 01/22/99 cc.~ CITY COUNCIL 'oxo; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item#: 39 Resolution #: R-02-1923 DEPT. : PUBLIC WORKS SUBJECT: Designating surplus vehicles and equipment for disposal and approving a Contract with Tommy Lutes Auctioneers - by Consent Previous Action: None Reading and Public Hearing The purchasing manual adopted September 28, 1993, requires the City Council to designate salvage items or surplus vehicles and equipment before said property can be removed from inventory and disposed of by public auction or other approved means. The vehicles and equipment recommended for disposal at public auction have already been replaced because of age, mileage and/or major maintenance problems and are no longer considered serviceable. The public auction conducted by Tommy Lutes Auctioneers is scheduled for March 23, 2002, at the City of Roanoke, Police Department facilities with several other area cities participating. CITY ~ER ~i~ DEP RtMENT EAD FINANCIAL REVIEW (IF NECESSARY) Financial Impact The January 22, 2001, auction provided $8,870.02 in revenue. Recommendation Approval Attachments . Surplus vehicle and equipment list . Tommy Lutes Auctioneers Auction Contract (paper copy only) Agenda Briefing Resolution R-02-1923 Page 2 of 3 SURPLUS VEHICLE AND EQUIPMENT FOR AUCTION 2002 The vehicles and equipment are considered beyond economical repair because of excess mileage, age, or damage. All have become excess to city needs. VEHICLE# MAKE MODEL 166 (PD) Ford 97 Crown Vie VIN# 2FALP71W6VX142470 168 (PD) Ford 97 Crown Vie VIN# 2FALP71W8VX142471 414 (Fire) Ford 90 Ambulance VIN# 1 FDKF37M2LNA70927 587 (Park) Ford 91 F450 PU VIN# 2FDLF47MCA16887 787 (Eng.) Ford 92 F150 PU VIN# 1 FTDF15Y1NLA54160 880 (Utility) Chevy 91 C3500 VIN# 1 GBJC34J9ME163890 882 (Utility) Ford 90 F350 PU VIN# 1 FDKF37M8LNB55934 886 (Utility) Ford 88 F150 PU VIN# 1 FTDF 15Y8J KB61450 983 (Insp.) Ford 90 Ranger PU VIN# 1 FTCR1 OX8MUC48338 MILES JUSTIFICATION 106,879 Age/Mileage 114,982 Age/Mileage 34,395 Age 97,272 Engine 115,119 Engine/Mileage 92,185 Age/Mileage 94,613 Age/Mileage 156,844 Age/Mileage 108,586 Age/Mileage Utility Department Miscellaneous Equipment 44" Sulky mower Beyond Repair (has been replaced) Fire Department Miscellaneous Equipment Stationary Emergency Generator has been replaced 1 Administration Miscellaneous Equipment Copy Machine Computers 11 - used computers of various manufacture Printers 2 - Hewlett-Packard 1100 1 - Panasonic KXP 4430 Monitors 8 - 15 inch color monitors Fax machines 1 - Muratec M4500 1 - Hewlett-Packard office jet 600 1 - Brother MFC4450 1 - Canon B140 Misc. Ithaca receipt Printer has been replaced obsolete or beyond repair beyond repair beyond repair beyond repair beyond repair beyond repair beyond repair beyond repair Obsolete 2 Colleyville Fire Department Surplus Items To be disposed by Auction List March 13, 2002 1. Fire Hose washer 2. 27" GE television, #3258 3. Computer components, misc., assorted 4. Maytag Dryer, #3305 5. Old Telephones 6. G. E. Washing Machine 7. Window A1C unit 8. G. E. Cooktop, #3270 9. Wet Vac, Sears Craftsman, 5 hp 10. Tape Recorders 11. MTD Edger 12. Snapper Mower 5 hp 13. Honda Mower 14. Snapper Mower 4 hp POLICE Department Surplus Property Auction List 2002 quantity Metal mount tool box 1 Metal box 4 Hotpoint window air conditioner 1 J.C. Penney VCR 1 Goldstar VCR 1 Olympia Typewriter 1 Okidata printer 1 Okidata printer 1 Panasonic printer 1 Sharp fax machine 1 Sharp fax machine 1 TMK portable TV 1 IBM selectric typewriter 1 IBM selectric typewriter 1 Simplex time clock 1 Projection Screen 1 Bell+Howell Projector 16 mm 1 Revere Projecter 16 mm 1 M9A 1 gas mask in can 2 M9A 1 gas mask in bag 1 Trek Bike carrier 1 Grabe Bike carrier 2 Box of office trays 1 Desk monitor stands 2 Pull out keyboard tray 1 Computer keyboards 3 Auto jack 1 Black box 1 Tommy Lutes Auctioneers (817) 268-4206 Tommy Lutes, Jr Professional Auctioneer AUCTION CONTRACT This auction agreement is entered into by Tommv Lutes Auctioneers Auction Company , hereinafter referred to as Auctioneers, and City of Collevville C'IFRTJRNF City Texas State Address 1601 Hall Johnson City CollevvilJe State Texas Phone 817-540-2253 Hereinafter referred to as Owner under the following terms and conditions. Auctioneers agree to conduct a public auction sale or otherwise sell the following described property belonging to owner. The auction sale to be conducted at Roanoke Tx at the New Police Station beginning on the 23rd day of ~,year 2002. Ending on PROPERTY TO BE SOLD See attachments through for additional property to be sold. THIS CONTRACT SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: Owner agrees to pay Auctioneers for the service rendered by Auctioneers a commission of 10% rollin!! stock. 15% misc. % of the gross receipts offrom all sales during the period of this contract whether such sales are made at public auction by private sale or in any other manner. A full commission shall be due and payable to Auctioneers immediately following the completion of each sale whether the sale is made in cash on terms determined by the Owner. 2 Auctioneer s agree to prepare all advertising material and publicity necessary to advertise and promote attendance of buyers and shall be paid the sum of $ None for same. 3 Auctioneers agree to remit gross proceeds from sale of the property herein above described, less Auctioneers commission, advertisIng costs. and 'advances, if any, to Owner within a period not exceeding 20 banking days following the date (s) of said auction. 4 5 Owner hereby agrees to sell the above property to the highest bidder and to deliver to the purchaser Bill of Sale and Titles free of all liens and encum- brance. G Owner promises and agrees that the above described property will be delivered to sale site prior to sale date. and in the event of a failure of Owner to deliver said property, or if Owner shall breach this contract, said Owner agrees to pay the commission and advertising costs as above provided. said commission to be based on the market value of said property. 7 Owner agrees that after the execution of this contract that he will not sell or cause to be sold any of the property described in this agreement. save and except through the Auctioneers. and agrees that he may be restrained from selling such property after the execution of this contract except through the Auctioneers. The Auctioneers have entered into this Agreement relying upon such representations and in consideration thereof, the Owner shall in- demnify and save the Auctioneers harmless against any and all claims made by any person, firm or corporation claiming to be a creditor of Owner. Auctioneers shall have the right, after receiving their compensation as provided herein, to use the residue of funds to first pay any bonafide liens which are shown in the exhibits attached hereto or which may be brought to their attention and which are not listed in said exhibits. 9 Owner warrants that this sale is being held for the purpose of Surolus hereby authorizes and commissions the Auctioneers to so advertise and publicize the above mentioned auction. 10 Owner appoints Auctioneers his attorneys in Owner's name and in his behalf, and as fully and to the same extent as Owner could do personally, to execute all necessary deeds, Bill of Sale, conveyances and other instruments of every nature whatsoever necessary or convenient to the carrying out of the power of sale herein granted and the transfer of title to the property herein above described to the purchasers thereof. II It is specifically understood and agreed that in the event the Owner fails or refuses to carry out the terms of this agreement that the Auctioneers shall then be entitled to the sum of$ None as liquidated damages as a reimbursement for expense profits which the Auctioneers would have other- wise eamed. 12 Auctioneers agree to conduct a public auction for Owner, WITHOUT M1NIMUM OR RESERVE, at the time and place hereinafter stated. It is fur- ther understood that there shall be no "BID INS" or "BUY BACKS" at said auction. 13 Auctioneer agrees to provide 14 Owner agrees to provide: Approved and Executed this day of March year, 2002 Tommy Lutes Auctioneers Auction Company 6225 ROUGH RD 9612 Owner or Agent 1601 Hal Johnson Rd Address Texas State 817-540-2253 t'none 76034 CLEBURNE City Address Texas State 817-268-4206 t'none ~------:-~ // Signature 76031 Zip Collevville City Zip Signature If ell}' Of CCe~ CITY COUNCIL To,~' AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item # : 4 Resolution # : R-02-1921 Previous Action: None DEPT. : ENGINEERING SUBJECT: Approval of the TXDOT Funding Agreement for the construction improvements at SH26 and John McCain Road Reading and Public Hearing In December 1997, the City of Colleyville entered into a design contract with Carson- Salcedo-McWilliams, Inc., for the realignment of John McCain Road at SH26. Design submittals were made to the TXDOT North Area office for review and approved in April 2001. Plans were then submitted to the TXDOT District office for review and approved in December 2001. The final plans were then submitted to the TXDOT Austin office for contract preparation and final plan review and letting. This project is currently scheduled for a May 2002 letting date and TXDOT is currently working with Dallas Area Rapid Transit (DART) on the right-of-way permit. (continued) CITY MA~~ _ vJ;Ji i~6L DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1921 Page 2 This project is part of a joint funding project between the Texas Department of Transportation and the City of Colleyville. The funding match from TXDOT is part of the Surface Transportation Program - Metro Mobility funding program (STP-MM) that totals $351,379 for this project and includes the railroad signal on John McCain Road. The City's financial responsibility to construct the new realigned John McCain Road is $1,546,243 and includes TXDOT engineering and inspection fees and contingencies. The Local Funding Agreement is part of the contract preparation for the project. As requested by City Manager Bill Lindley, the City Council passed on this item at the March 5, 2002 meeting. The TXDOT Funding Agreement has been amended to clarify Federal, State and Local funding levels and to provide that the City of Colleyville may secure additional Federal and State funding for this project. Financial Impact The financial impact will be $1,546,243, with funding sources of Perimeter Street Fees, Impact Fees, 2001 Drainage Bonds and TIF Bonds. Recommendation Approval Attachments . TXDOT Letter (paper copy only) . TXDOT Advanced Funding Agreement (paper copy only) . Resolution R-02-1921 *" I Texas Department of Transportation P.O. BOX 6868. FORT WORTH, TEXAS 76115-0868. (817) 370-6500 January 25, 2002 CONTACT: DD-CM STP-MM CSJ: 0363-01-099 SH 26 at John McCain Road Project No. STP 2001 (26) MM Tarrant County Mr. Bill Lindley City Manager City of Colleyville P.O. Box 185 Colleyville, Texas 76034 Attention: Mr. Keith Fisher, P.E. Dear Mr. Lindley: Attached are two (2) originals of the Local Transportation Project Advance Funding Agreement between the City ofColleyville and the State for the above project. Please execute both originals and return them to the Fort Worth District for further handling. Once fully executed, this agreement requires the City to provide funding in the amount of $1,546,243 to be used for the construction of this project. The City will be asked to provide this funding approximately 60 prior to the letting of the project by the State. If you have any questions concerning the project or this agreement, please contact Joel Mallard at (817) 370-6591. Sincerel , ~ // ...o~ // /?g- t/'1t&k'#~~~~~'{;(.' Charles L. Comad, P .E. Director of Transportation Planning and Development JHM cc: Mark Schluter, P.E., NTCAO An Equal Opportunity Employer CSJ: 0363-01-099 Project Name: SH 26 at John McCain Road Funding Category: 4C County: Tarrant STATE OF TEXAS ~ COUNTY OF TRAVIS ~ LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For an STP-MM Project (On State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Collevville, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA) between the Local Government and the State has been adopted, effective April 17, 2000, and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 101588 that provides for the development of, and funding for, the project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the MAFA, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 3. Amendments to this LPAFA shall be made as described in the MAFA, without exception. 4. Scope of Work The scope of work and project limits for this LPAFA are described as the construction of intersection improvements at SH 26 and John McCain Road. Revised 10/18/01 Page 1 of 7 CSJ: 0363-01-099 Project Name: SH 26 at John McCain Road 5. Right of Way and Real Property shall be acquired under one of the following procedures (check either a. or b.): a. _ Purchase by the State. Acquisition of right of way shall be the responsibility of the State, as stated in the MAFA, without exception, unless otherwise provided in Special Provisions and/or Attachment C. A warrant or check in the amount of the Local Government's estimated participation as reflected in Attachment C, shall be made payable to the Texas Department of Transportation and transmitted to the State prior to release of the Project by Right of Way Division, or within thirty (30) days from receipt of the State's written notification, whichever is earlier. OR b. --.1 Purchase by the Local Government for the State. Acquisition of right of way shall be the responsibility of the Local Government, as stated in the MAFA, without exception, unless otherwise provided in Special Provisions and/or Attachment C. 6. Donations of real property may be credited to the Local Government's funding obligation for cost of right of way to be acquired for this project. This section shall apply only to projects for which there is no federal financial assistance and for which the State is responsible for acquisition of the right of way. Credit for all real property, other than property which is already dedicated and/or in use as a public road, donated by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this LPAFA. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. Such documentation shall include an appraisal of the property by a qualified appraiser, unless the Local Government determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Credit shall be given only for property transferred at no cost to the State after the effective date of this LPAFA and the State's issuance of a letter of funding authority, and only for property which is necessary to complete this project. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its donation credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. Revised 10/18/01 Page 2 of 7 CSJ: 0363-01-099 Project Name: SH 26 at John McCain Road 7. Adjustment of eligible utilities and payment of costs associated with such adjustment shall be provided by _ the State (or) ~ Local Government (check the applicable party) and shall be in accordance with provisions set forth in the MAF A. 8. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 9. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA, without exception. 10.Architectural and Engineering Services will be provided by the Local Government. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 11. Construction Responsibilities will be carried out by the State, as stated in the MAFA, without exception. 12. Project Maintenance will be undertaken as provided for in the MAFA, without exception. 13. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. Not Applicable. d. The Local Government, without cost to the State, will do the necessary preliminary engineering. For purposes of this agreement, preliminary engineering includes design schematics, property descriptions, parcel plats and right of way maps. e. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. f. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. 14. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. Revised 10/18/01 Page 3 of 7 CSJ: 0363-01-099 Project Name: SH 26 at John McCain Road 15.lncorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. 16.Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. 17.Special Provisions. The Local Government will make one payment to the State approximately 60 days prior to the leUinq of the proiect be the State. The Federal and State funds for the proiect are fixed at $320,000. Any fundinq over that amount is the sole responsibility of the Local Government. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE ST ATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Jennifer D. Soldano, Director Contract Services Office Date: Revised 10/18/01 Page 4 of 7 CSJ: 0363-01-099 Project Name: SH 26 at John McCain Road ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA Revised 10/18/01 Page 5 of 7 CSJ: 0363-01-099 Project Name: SH 26 at John McCain Road ATTACHMENT B PROJECT LOCATION MAP Revised 10/18/01 Page 6 of 7 "0 m o 0::: c m () U ::2: c .r: o .. 15 CD N (J)I ~(/) I T"""a> 9 E C'0m CDZ C'0_ o U .:..;.~ (/)e ()Cl.. (/) o z ::> LL LL o W () 0::: ::> o o(/) 1-0 ZZ w<( :!w :I: I- 0<( <::2: 1-1- I-(/) <w I- W (9 o ::> c:J I- () W .. o 0::: Cl.. s:: o -.. cu cu U.9- o u ...J .- t:: cu D.. s:: o .. Q) cu ....Q, cu ._ .... u en .- t:: cu a.. s:: o Cij.. ... cu Q) Q, "tl '(3 Q) .- u..t:: cu a.. Q) ~ -cu~ J! E III o ._ 0 l-1;)u W c o .. Q, 'i: u III Q) C s:: .52 - ... to to :30- ... .- (.) (.) <Ct:! to c.. ... s:: :3 o E <c 't:J Q) .~ LL ... C 0=:: Cl :3 -=cO :! .- E c..'g<c 1-:3't:J (/)LLQ) .~ LL " " en en co co N N - - ~- ~- - - -I< 0 o 0 o 0 ~ ~ CD (D -I< 0 o 0 g 0 cD CD II) II) N N " en co N M " - c o :;::; () ::J .... +-' C/l C o U CD ~ M M M - II) co II) cD ~ en CD ~ N " en co N M " II) N CD ~ CD - - ...J -< l- e I- m ::J en .-'- UC oes .Q wU .......... ::J C/l'::' a> (f) .- c () 0 ~() 0>_ C 0 :;::; ....0 co' 01.{) Ucr) oes@ 0> c"O 'C a> a>+-' a> co c E '5>:;::; c C/l w~ M "'It N (D "'It It) "l"'" II) co II) o " "'It en CD o co N N N II) " en co - ...J < l- e I- C") "l:t N ~ CD "l:t It) ~ ..... w a>a>- >:5a3 0_ E _cc c a> ..... ::l > a> o a> > E a> 0 m.r:(9 >-~o c_ <( ~ ... '0 aCc aa>::l aEo - c () a.....w Na>m C'0>x w-oa> -(91- m_ "Omm a>u~ x 0 c t;::--1a> wa>() .- .r: __.r: U_t: a> 0 0 '0 >-Z ..... - 0.. = a> wii.r: .-.- ...... .r:C/)E - c ..... 0 0 o 0.. L.. -C/)- ca>a> 0.....- +:ia>!9 m.r:(/) 0.. - .- >-"0 U _ c t2m ctla>- 0.. - ctl . 0.......13 c E a> a> o "0........ .- 0 a> 0 13uLL..... ::l C/) _ 0.. ~ .- m C/) C/) ....... c .- cLOo:5 o ex:> +:i ..... U LO .- 0 -"0 _ 2'f"O"O ctl ctl a> -~C/)C/) (/)(J)a>::l "0 CD_ :J a> C~U.o (UN a> >- - + C/) ctl ctla-E ..... 0 c a> 0 a> w "0 -E"O a>a LLNCc ,...........::l a>~a>- .r:(J)>::: I-/,--oa> ..N(9 C a> -- a> _T"""ctlC/) OLOUa> ZC'00.r: -I< w- --I _ o ....... L.... ,0 t::: 0.. ~ ~ ot5 (().~ Q.) e .ga. ........... c:: 0 Q.)Ql E .s :::...,....... ctl....... a..3 II - t:: Q) E t:: ... Q) > o C) co (.) o -I Q) .c: - E o ... 'I- "C Q) ... /'-- - o /'-- a> C) ctl a.. ~ C" Q) ... t:: o .- - co c. .- (.) ~ co c. - co - o ..... "C Q) - co E +:i en W .- o -. CXl .- -. o .- "'C Q) II) 'S: Q) e::: RESOLUTION R-02-1921 A RESOLUTION AUTHORIZING THE APPROVAL OF THE TXDOT LOCAL FUNDING AGREEMENT FOR THE CONSTRUCTION IMPROVEMENTS AT STATE HIGHWAY 26 AND JOHN MCCAIN ROAD WHEREAS, this is a joint funding project between TXDOT and the City of Colleyville with TXDOT funds being part of the Surface Transportation Program - Metro Mobility Program: and WHEREAS, Carson-Salcedo-McWilliams, Inc., has completed the design submittals for the realignment of John McCain Road and SH26; and WHEREAS, these design submittals have been made and approved by the appropriate TXDOT offices; and WHEREAS, this funding agreement is a requirement for the continuation of the contract preparation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the TXDOT Local Funding Agreement for the construction improvements at State Highway 26 and John McCain Road, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS, AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor _._._._.~...~....._..."..."'---- ^. '.-- ~--"---"-"-'"''''-'~'----~----~_._---'---'---''._-''''''", ......,.""...-.''''--.< CiT,f Of .~ CITY COUNCIL ,.o,~$ AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item # : 5 Resolution # : R-02-1924 Previous Action: None DEPT. : ENGINEERING SUBJECT: Approval of a materials testing contract with CMJ Engineering, Inc., for the City Hall and Library project, in the amount of $65,870.00 Reading and Public Hearing On February 26, 2002, the City Council approved a contract with Ratcliff Constructors, Inc., for the construction of the Colleyville City Hall and Library, in the amount of $7,940,908. A notice to proceed was extended to the contractor on Monday, March 11, 2002 and construction is scheduled to start in late March. A construction materials testing contract is needed in order to ensure proper quality of the materials and workmanship for the project. City staff contacted CMJ Engineering, Inc., regarding a testing services contract for the entire construction project. The scope of the testing includes earthwork (placing/compaction of the fill), pier inspection, concrete reinforcement and paving, masonry mortar and grout and the structural steel and metal floor deck. The City attorney has reviewed and approved the contract. ( continued) ?? 0Ji~~~ DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1924 Page 2 Financial Impact The amount of the materials testing contract is $65,870.00. The funding for this contract will be $36,230 from the 2000 CEDC bonds and $29,640 from the 1999 G.O. bonds (library). Recommendation Approval Attachments . Materials testing contract with CMJ Engineering, Inc. (paper copy only) . Resolution R-02-1924 eM J ENGINEERING, INC. (817) 284-9400 Phone (817) 589-9992 Metro (817) 589-9993 Fax March 11, 2002 Proposal No. 02-006C City of Colleyville 5400 Bransford Road P.O. Box 185 Colleyville, Texas 76034 Attention: Mr. Keith Fisher RE: PROPOSAL FOR CONSTRUCTION MATERIALS TESTING SERVICES COLLEYVILLE CITY HALL AND LIBRARY COLLEYVILLE, TEXAS Dear Mr. Fisher: In accordance with your request, we are pleased to submit the following proposal to provide construction materials engineering and testing services for the proposed City Hall and Library construction project in Colleyville, Texas. Information used to prepare this agreement includes the project technical manual and plans prepared by Brinkley Sargent Architects and the geotechnical engineering Report 134-01-02 dated April 25, 2001, prepared by CMJ Engineering, Inc. The following paragraphs and attachments detail our scope of services and cost for the construction materials observation and testing, coordination of field technicians, and related engineering review of testing for the project. As a general overview, our scope of work includes the following: · Provide an experienced engineering technician to perform on site and laboratory testing services including sampling materials, observation and testing earthwork, backfill, base materials, aggregates, concrete and structural steel during construction. We understand that reinforcing steel inspection may be performed by the City of Colleyville; however, we have included a cost estimate for reinforcing steel inspection in the event that these services are requested. · Provide an experienced geotechnical/materials engineer (Registered Professional Engineer in Texas) to provide oversight and coordination of the engineering technician's daily work, review test data, review test report submittals, attend the pre-construction meeting, and attend regular project progress meetings as requested. · Perform moisture/density relationships (standard Proctor), Atterberg Limits (liquid and plastic limits), and sieve analysis for earthfill and base materials. 7636 Pebble Drive . Fort Worth, Texas 76118 . www.cmjengr.com City of Colleyville Proposal No. 02-006C March 11, 2002 Page 2 Perform compaction tests using a nuclear density device (Troxler gauge). Determine the density and moisture content, percent compaction on earth fill, backfill, select fill, subgrade and base materials. . Perform observation and testing of concrete for paving and structures, including slump, temperature, air content and casting the appropriate number of cylinders for compressive strength testing. . Perform observation and testing of structural steel. The following list of Sections from the Project Manual indicate the need for construction materials observation and testing. . 02200 - Earthwork . 02210 - Excavation, Backfill & Compacting . 02240 - Lime Stabilized Subgrade . 02466 - Drilled Concrete Piers . 02520 - Portland Cement Concrete Paving . 03200 - Concrete Reinforcement . 03300 - Cast-In-Place Concrete . 04100 - Masonry Mortar and Grout (testing not desired by the City of Colleyville) . 051 20 - Structural Steel, Metal Floor Deck Based on our current understanding of the proposed construction project, CMJ Engineering, Inc. proposes the following Basic Services to provide construction materials testing on the referenced project. Note: Our estimate for concrete pavements and structural concrete includes some time and transportation for picking up cylinders the day following a placement. However, if another placement or other activity is scheduled on the following day, a cost for picking up cylinders will not be incurred. SCOPE OF WORK A. EARTHWORK Standard Proctor and classification tests will be performed for the on-site soils proposed for fill. In-place moisture-density (compaction) tests will be taken in each 6-inch lift of compacted fill material using a Troxler nuclear density gauge. Tests will be taken at a minimum frequency of one test per 5,000 square feet for general fill material in paved areas, one test per 1,000 square yard in non-paved areas, and 2 compaction tests minimum for grade beam backfill. City of Colleyville Proposal No. 02-006C March 11, 2002 Page 3 . Estimate 3 soil types: 3 Standard Proctor tests (ASTM 0 698), 3 Atterberg Limits and 3 minus #200 sieve . Estimate 40 compaction tests . Estimate 8 trips and 40 hours technician time B. LIME SLURRY AND WATER PRESSURE INJECTION An engineering technician will observe the lime and water pressure injection work on a full time basis. This will include observation of the injection procedures, injection depth, probe spacing, and injection pressure. Following the injection procedures, soil samples will be obtained using a geotechnical drilling rig, and laboratory swell tests will be performed to determine the acceptability of the injection work. If the swell and moisture criteria are not satisfied during the first round of injection, additional water injection passes will be required as per the geotechnical report . Note: Two (2) rounds of injection sampling and testing has been included in our cost estimate. This estimate assumes the first round to be four passes of injection followed by an injection check, and the second round to be two passes, followed by a final check. C. TRENCH BACKFill (UTiliTIES) Field moisture-density (compaction) tests will be performed at the rate of one test per approximately each 100 linear feet of trench backfill each lift, with a minimum of two tests per lift. Tests will be performed for the sanitary sewer, storm drain and water line where the lines are below slabs, paving, f1atwork, etc. . Estimate 2 Standard Proctors, 2 Atterberg Limits and 2 Sieve tests . Proctors used for earthwork will be utilized for utility line backfill as appropriate. . Estimate total of 40 compaction tests with Troxler nuclear density device . Estimate 8 trips to site and 40 hours technician time D. NON-EXPANSIVE SELECT Fill Standard Proctor and classification tests will be performed for non-expansive, select fill material placed below structures. In-place moisture-density tests will be taken in each lift of compacted fill material using a TiOxler nuclear density gauge. Tests will be taken at a minimum frequency of 1 test per 2,500 square feet of area, with a minimum of 3 tests per lift. City of Colleyville Proposal No. 02-006C March 11, 2002 Page 4 . Estimate 2 soil types: 2 Standard Proctors, 2 Atterberg Limits and 2 Sieve Tests . Estimate 6 lifts with 14 tests per lift for a total of approximately 84 compaction tests . Estimate 14 trips to site and 56 hours technician time E. LIME TREATED SUBGRADE Observation and testing of the lime treated subgrade will include field gradation performed on the soil-lime mixture to determine that the required gradation has been achieved. A Troxler nuclear density gauge will be used to determine the moisture and density of the lime treated subgrade, and verify it is compacted as per the specifications. Field moisture-density (compaction) tests will be performed at the rate of one test per approximately each 5,000 square feet, with a minimum of two tests per section. Gradation tests on the soil-lime mixture will also be performed. . Estimate 1 soil type: 1 Standard Proctor and 1 Atterberg Limits test . Estimate 7 compaction tests and 4 gradation tests . Estimate 3 trips to site and 15 hours technician time F. DRILLED CONCRETE PIERS Drilled piers will be observed for required penetration into the design bearing stratum location and plumbness within project tolerances, and the proper placement of reinforcing steel and concrete. . Estimate 87 piers requiring 15 days for installation . Estimate 150 hours technician time and 15 trips to site . Estimate 1 5 sets of concrete cyls at 4 per set = 60 cylinders G. PORTLAND CEMENT CONCRETE PAVING An engineering technician will observe the concrete paving and flatwork construction. Samples of plastic concrete will be obtained for slump measurements, air and temperature, and casting of compressive strength specimens. Concrete will be sampled each 100 cy or fraction thereof, a set of cylinders (4 each) will be cast with one cylinder tested at 7 days, two at 28 days, and one held in reserve. . Estimate 16 concrete compressive strength cylinders City of Colleyville Proposal No. 02-006C March 11, 2002 Page 5 . Estimate 6 trips to site and 26 hours technician time H. CAST -IN-PLACE CONCRETE An engineering technician will observe the structural concrete for the grade beams, slabs and walls. Samples of plastic concrete will be obtained for slump measurements and casting of compressive strength specimens. Structural concrete will be sampled each 100 cy or fraction thereof, a set of cylinders (4 each) will be cast with one cylinder tested at 7 days, two at 28 days, and one held in reserve. . Estimate 40 additional placements for structural elements: 40 sets of 4 cyls = 160 . Estimate 50 trips to site and 1 70 hours technician time I. STRUCTURAL STEEL AND METAL DECK INSPECTION Structural steel inspections will be conducted on-site using structural plans and specifications and approved shop drawings provided by the contractor. Inspections and tests will be conducted by an AWS-Certified Welding Inspector. During steel erection, periodic visits will be made to the site as scheduled by the contractor to visually inspect field welded and bolted connections. A minimum of 50 percent of all field welded connections will be inspected visually. Ultrasonic testing procedures have not been included. Torque will be checked for randomly selected bolted connections. At the conclusion of each site inspection, a listing of any discrepancies will be given to the superintendent. Reports will be submitted after office review. . Estimate 20 trips to site and 80 hours technician time J. CONCRETE REINFORCEMENT Reinforcing steel will be inspected as scheduled prior to the concrete placement. Observations will be for proper size, location, clearance, cleanliness, and number of bars or members. When each individual inspection is completed, the results will be reports to the contractor in the field. Reports will be submitted after office review. . Estimate 3 hours additional time for each placement ADDITIONAL SERVICES The following services are not included in the Basic Services and will be considered as Additional Services, if and when required or requested: . Additional hours or miles for the engineering technician beyond the specific hours/miles detailed on the attached spreadsheets. City of Colleyville Proposal No. 02-006C March 11, 2002 Page 6 . Additional engineering, report review and preparation time beyond what is outlined in basic services and detailed on the attached spreadsheets. . Additional testing beyond that outlined in basic services on the attached spreadsheets. . The services of specialty sub consultants or other special outside services other than those described in Basic Services. . Any other services not specifically included in Basic Services and on the attached spreadsheets. We propose to provide construction materials testing and observation services for this project on a "call-out" basis. The contractor's superintendent will be responsible for providing notification for field testing. A minimum notice of 24 hours is requested so that we may effectively schedule our personnel. Tests will be conducted in all areas designated by the superintendent to be ready for testing at the time the technician is on site. Field test results will be given verbally to the superintendent before the technician leaves the site. Test reports will be submitted after the results are reviewed by a geotechnical/materials engineer. It will be the contractor's responsibility to schedule retests. The presence of our field representative will be for the purpose of providing observation and field testing. Our work does not include supervision or direction of the actual work of the contractor, employees or agents of the contractor. Neither the presence of our field representative nor the observation and testing by our firm shall excuse the contractor in any way for defects discovered in his work. It is understood that our firm will not be responsible for the job or site safety on this project. Job and site safety will be the sole responsibility of the contractor. CMJ is not responsible for excavation and slope stability, support of existing structures and trench safety issues. COMPENSA TION CMJ Engineering, Inc. proposes to perform the Basic Services outlined herein on the basis of Time and Materials. The attached Cost Estimate sheets estimate the number of hours, tests, transportation (miles), report preparation and review time. The spreadsheets also present the unit rates for the various activities. Cost for the various items may vary, but we will not exceed the total. The total estimated amount will not be exceeded without notification to the client and clients approval. Client and CMJ Engineering may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. City of Colleyville Proposal No. 02-006C March 11, 2002 Page 7 Notes for the cost are as follows: 1. Field test rates are charged per test in addition to technician hourly rates. 2. A minimum of three (3) hours technician time and vehicle charge will be billed for each call out, sample or specimen pickup. 3. A minimum of four (4) concrete cylinders will be charged for each concrete placement. 4. A minimum of four (4) in-place moisture/density tests will be charged for each trip to site to perform moisture/density tests. 5. Technician time is charged portal-to-portal from our office. 6. Overtime rates are 1.5 times regular rate for hours worked over 8 hours per day or hours before 7:00 am and/or after 5:00 pm. Lab and field services performed on Saturday, Sunday and Holidays will be charged at 1.5 times regular rate. 7. Outside services approved by client are at cost plus 1 5 percent or agreed upon unit prices. 8. Additional tests not included in this letter agreement will be quoted upon request AUTHORIZA TION We appreciate the opportunity to submit this letter agreement and look forward to providing construction materials engineering and testing services for this project. If you have any questions please call. To authorize this project please sign and return one copy to us. Both parties must accept any modifications to the attached terms and conditions language. Very truly yours, CMJ ENGINEERING, INC r, Construction Materia!s Testing President copies submitted: (2) Mr. Keith Fisher; City of Colleyville Estimate of Construction Materials Testing Costs Colleyville City Hall Library .- Description Unit Quantity I prW Amount I Earthwork. 02200 Enaineering Technician hr 40 36.00 1,440.00 Transoortation ea 8 25.00 200.00 Standard Proctor ASTM D 698 ea 2 130.00 260.00 Atterberg Limit Test ASTM D 4318 ea 2 45.00 90.00 Percent Passing #200 Sieve - D 1140 ea 2 35.00 70.00 In-Place Density Test - ASTM D 2922 & 3017 ea 40 15.00 600.00 Reoort Preparation/Clerical hr 8 40.00 320.00 Report Review hr 4 95.00 380.00 Subtotal = 3,360.00 Excav., Backftlllng & Compo For Utilities Enaineering Technician hr 40 36.00 1,440.00 Transportation ea 8 25.00 200.00 Standard Proctor ea 2 130.00 260.00 Atterberg Limit Test ea 2 45.00 90.00 Percent Passing #200 Sieve ea 2 35.00 70.00 In-Place Density Test ea 40 15.00 600.00 Gradation ea 1 60.00 60.00 Report Preparation/Clerical hr 8 40.00 320.00 Report Review hr 4 95.00 380.00 Subtotal = 3,420.00 Drilled Piers Enaineerina Technician hr 120 36.00 4,320.00 Engineering Technician (O.T.) hr 30 54.00 1,620.00 Transportation ea 15 25.00 375.00 Concrete Cvlinders ea 60 15.00 900.00 Report Preparation/Clerical hr 20 40.00 800.00 Project Enaineer Report Review hr 12 95.00 1,140.00 Project Manager (Site) hr 8 95.00 760.00 Subtotal = 9,915.00 Water Pressure Injection (includes two rounds) Engineering Technician hr 168 36.00 6,048.00 Enaineering Technician (O.T.) hr 42 54.00 2,268.00 Transportation hr 21 25.00 525.00 Report Preoaration/Clerical hr 21 40.00 840.00 Mobilization/Continuous Samplina check 2 775.00 1,550.00 Laboratorv Injection Testina check 2 1,575.00 3,150.00 Engineering Report ea 2 1,155.00 2,310.00 Subtotal = 16,691.00 Non-Expansive Select Fill Standard Proctor ea 2 130.00 260.00 Atterberg Limit ea 2 45.00 90.00 Minus #200 Sieve ea 2 35.00 70.00 Engineering Technician hr 56 36.00 2,016.00 Nuclear MoisturelDensity Tests ea 84 15.00 1,260.00 Transportation ea 14 25.00 350.00 Report Preoaration/Clerical hr 7 40.00 280.00 Project Enaineer hr 4 95.00 380.00 - SubTotal = 4,706.00 Estimate of Construction Materials Testing Costs Colleyville City Hall Library ~ ___ Quantity ....... Amou. Lime Treated Subgrade Standard Proctor with lime ea 1 130.00 130.00 Atterberg Limit ea 1 45.00 45.00 Engineering Technician hr 15 36.00 540.00 Transportation ea 3 25.00 75.00 Nuclear Field Moisture/Density Tests ea 7 15.00 105.00 Gradation Tests on Lime Treated Subgrade ea 4 15.00 60.00 Reoort Preoaration/Clerical hr 4 40.00 160.00 Project Enaineer hr 2 95.00 190.00 Subtotal = 1,305.00 Portland Cement Concrete Paving - 02514 Engineering Technician hr 26 36.00 936.00 Transoortatian ea 6 25.00 150.00 Concrete Cvlinders ea 16 15.00 240.00 Report Preparation/Clerical hr 4 40.00 160.00 Report Review hr 2 95.00 190.00 Subtotal = 1.676.00 Pre-Construction I Construction Meetings Proiect Engineer (P.E.) hr 4 105.00 420.00 Transportation ea 4 25.00 100.00 Report Preparation/Clerical hr 2 40.00 80.00 Engineering Technician hr 4 36.00 144.00 - Subtotal = 744.00 Concrete Reinforcement - 03200 Engineering Technician hr 138 36.00 4,968.00 Transportation ea 46 25.00 1,150.00 Report Preparation/Clerical hr 15 40.00 600.00 Report Review hr 7 95.00 665.00 - Subtotal = 7,383.00 Cast-In-Place Concrete - 03300 Engineering Technician hr 170 36.00 6,120.00 Transportation ea 50 25.00 1,250.00 Concrete Cvlinders ea 160 15.00 2,400.00 Report Preparation/Clerical hr 24 40.00 960.00 Report Review hr 12 95.00 1,140.00 - - Subtotal - 11,870.00 Structural Steel - 05120 & Roof Deck - 05312 CWI hr 80 45.00 3,600.00 Transportation ea 20 25.00 500.00 Report Preparation/Clerical hr 8 40.00 320.00 Project Engineer Review hr 4 95.00 380.00 - Subtotal = 4,800.00 Total Estimate = $ 65,870.00 TERMS FOR CONSTRUCTION MATERIALS TESTING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and The WARM Place, hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached proposal identified as Proposal No. 02-005C, dated March 11, 2002 and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any. changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by GEOTECHNICAL ENGINEER will be based solely on information available to GEOTECHNICAL ENGINEER. GEOTECHNICAL ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by GEOTECHNICAL ENGINEER under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of geotechnical engineering services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site. GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. GEOTECHNICAL ENGINEER will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL GEOTECHNICAL ENGINEER will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENT'S prior written request. MONITORING If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the PROPOSAL, then this phrase applies. For the specified assignment, GEOTECHNICAL ENGINEER will report observations and professional opinions to CLIENT. No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER'S site representative can be construed as altering any AGREEMENT between CLIENT and others. GEOTECHNICAL ENGINEER will report to CLIENT any observed geotechnically-related work which, in GEOTECHNICAL ENGINEER'S professional opinion, does not conform with plans and specifications. The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, GEOTECHNICAL ENGINEER'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services. GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. PROPOSAL NO. 02-006C CMJ ENGINEERING, INC. TERMS - Page 1 of 3 BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER in accordance with the procedures indicated in the PROPOSAL and its attachments. Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty 160) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT. TERMINA nON This AGREEMENT may be terminated by either party seven (71 days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination. INDEMNITY The geotechnical engineer shall indemnify and hold the client harmless for all damage to persons or property arising out of the performance of this contract by the geotechnical engineer. GEOTECHNICAL ENGINEER indemnifies CLIENT for damage to persons or property caused by GEOTECHNICAL ENGINEER. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed GEOTECHNICAL ENGINEER of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. GEOTECHNICAL ENGINEER agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosures made by GEOTECHNICAL ENGINEER which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. CLIENT will be responsible for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ~.DR procedures ;s set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above, then: (11 the claim will be brought and tried in judicial jurisdiction of the court of Tarrant County and CLIENT waives the right to remove the action to any other county or judicial jurisdiction. and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time. court costs, attorneys' fees, and other claim related expenses. PROPOSAL NO. 02-006C CMJ ENGINEERING, INC. TERMS - Page 2 of 3 GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. * * * The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. By: CLIENT President Position Position Date March 1 1, 2002 Date PROPOSAL NO. 02-006C CMJ ENGINEERING, INC. TERMS - Page 3 of 3 RESOLUTION R-02-1924 A RESOLUTION AUTHORIZING THE APPROVAL OF A MATERIALS TESTING CONTRACT WITH CMJ ENGINEERING, INC., FOR THE CITY HALL AND LIBRARY CONSTRUCTION PROJECT WHEREAS, The construction of the City Hall and Library has been identified by the Colleyville City Council as one of the priorities for the citizens; and WHEREAS, Brinkley Sargent Architects and F&S Partners have completed the design of the City Hall and Library; and WHEREAS, the City Council approved the construction contract with Ratcliff Constructors, Inc., on February 26, 2002 for the construction of the City Hall and Library; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT $65,870.00 for the construction materials testing contract with CMJ Engineering, Inc., is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS, AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor City Of cce<ll CITY COUNCIL i'm' AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item # : 6 Resolution # : R-02-1925 DEPT. : ENGINEERING SUBJECT: Approval of the 2001 Drainage Bond Project List Previous Action: None Reading and Public Hearing In February 2001, a worksession was held with the City Council to provide an update of drainage issues and projects. From this meeting, a preliminary list of projects was developed. Due to limited funds, feasibility studies were conducted for the Oak Knoll Low Water Crossing and Jewel Estates Drainage Projects. The cost estimate for the Oak Knoll Low Water Crossing was in excess of available funds; therefore, the project list was revised. At a February 26, 2002, Council worksession, staff provided an overview of drainage projects. A revised list of projects with cost estimates was presented to Council for the utilization of the $1.6 million of available bond funds. The list of projects was developed from the City's drainage priority list including estimates and schedules (see attached) for your consideration. (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1925 Page 2 Financial Impact Funding is available from the 2001 Drainage Bonds. Recommendation Approval Attachments . Project List . Resolution R-02-1925 Drainage Bond Project Priority List HalfI' Associates, Inc. conducted a preliminary engineering analysis for the Oak Knoll low water crossing. The preliminary engineering construction estimate is $1,700,000. After reviewing the report, staff would like to recommend that the Oak Knoll low water crossing be removed from the list of projects, due to the excessive cost, and the following drainage projects be constructed with the 2001 Drainage Bonds. Total Bond Monev Available: Projects: Schedule: Design/Construction >> John McCain Road @ Hwy 26 2002 / 2003 Realignment >> Jewel Estates Drainage Improvements 2002 / 2002 >> Little Bear Creek Restudy and Letter 2002 / 2003 of Map Revision >> Jackson Road Drainage Improvements 2002 / 2003 (Cheek-Sparger and Jackson Road Intersection Improvements) >> L.D. Lockett Drainage (Hunter Trail 2002 / 2002 to Quality Hill) >> Felps Drive (flooding of private 2003 / 2003 residence) >> Cheek-Sparger and Sanbar Drainage 2003 / 2003 Improvements >> Stonecrest Estates Drainage (private 2003 / 2003 property damage) >> Bedford Road @ Saddlebrook Entrance 2003 / 2003 (groundwater) >> John McCain Road Channel Imp. (adjacent to Coptic Church) 2002 / 2002 Total: $1.600.000.00 Estimates: $450,000.00 $380,000.00 $50,000.00 $200,000.00 $100,000.00 $75,000.00 $100,000.00 $75,000.00 $25,000.00 $20,000.00 $1.475.000.00 Additional projects will be considered with remaining funds available. RESOLUTION R-02-1925 A RESOLUTION AUTHORIZING THE APPROVAL OF THE 2001 DRAINAGE BOND PROJECT LIST WHEREAS, In January 2001, City Council approved the 2001 Drainage Bonds; and WHEREAS, In February 2001, a worksession was held with City Council to discuss drainage problems and total construction cost estimates with the intent of generating a project list; and WHEREAS, In February 2002, a worksession was held with City Council to present a project list with estimates and construction schedules for ten (10) drainage projects identified from the Master Drainage Priority List; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Drainage Bond Priority List, hereby referred to as Exhibit "A" for the 2001 Drainage Bonds, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS,AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Exhibit itA 11 Drainage Bond Project Priority List Projects Estimates ).> John McCain Road @ Hwy 26 Realignment $450,000.00 ).> Jewel Estates Drainage Improvements 380,000.00 ).> Little Bear Creek Restudy and Letter of Map Revision 50,000.00 ).> Jackson Road Drainage Improvements (Cheek Sparger and 200,000.00 Jackson Road Intersection Improvements) ).> L.D. Lockett Drainage (Hunter Trail to Quality Hill) 100,000.00 ).> Felps Drive (flooding of private residence) 75,000.00 ).> Cheek-Sparger and San bar Drainage Improvements 100,000.00 ).> Stonecrest Estates Drainage (private property damage) 75,000.00 ).> Bedford Road @ Saddlebrook Entrance (groundwater) 25,000.00 ).> John McCain Road Channel Improvements 20,000.00 (adjacent to Coptic Church) Total $1,475,000.00 cc@n~ CITY COUNCIL 'w$ AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item #: 7 Resolution # : R-02-1926 Previous Action: None DEPT. : COMMUNITY DEVELOPMENT SUBJECT: Acceptance of the State Highway 26 Corridor Task Force report regarding the SH26/Colleyville Boulevard Corridor Design Study and Guidelines, Case Number G-02-007 Reading and Public Hearing On August 2, 2000, the City Council created the Colleyville Boulevard Corridor Design Task Force for the purpose of reviewing the City's commercial design guidelines and for making recommendations to the City Council for upgrading development standards for properties situated along State Highway 26. Fourteen citizens from Colleyville were appointed to serve on this task force. Initially, the City of Colleyville employed the city planning firm of Pierce-Goodwin- Alexander & Linville (PGAL), located in Dallas, to provide professional planning assistance to the task force in coordinating their efforts to develop new commercial design guidelines. However, the scope of the project eventually exceeded the amount of funds available for professional consulting services and the report was finalized by the staff of the Community Development Department. (continued) ~/ r CITY MANAGER ~ ~ f!>.l., D ENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1926 Page 2 During the development of the project, the task force met a number of times over the past nineteen months, which culminated on February 18, 2002, with a joint workshop with the Planning and Zoning Commission and the City Council to review their recommendations. The final draft document has previously been submitted to the City Council. Summary and Conclusion Approval of the attached Resolution will provide closure to the work of the task force by accepting their report and authorizing staff to begin the process of drafting ordinances to implement their recommendations. While the document prepared by the Highway 26 Task Force is quite comprehensive, it only represents the long-range vision of the task force for the Highway 26 corridor and does not obligate the City Council in any manner. As ordinances are drafted and citizen input is obtained during public hearings, especially from the business community that will be most impacted by any ordinances, the regulations themselves may be slightly different from the actual recommendations contained in the task force's report. It is important to note that it will require considerable staff time to conduct the necessary research and prepare the appropriate ordinances associated with this project. It is anticipated that these will occur over the next eighteen months, or longer, depending on the scope of the research. Attached is a proposed work plan that shows the key work elements necessary to implement the recommendations of the report. Recommendation Approval Attachments · Proposed Implementation Work Plan · Resolution R-02-1926 Attachment 1 Proposed State Highway 26 Corridor Design Guidelines Implementation Work Plan Task Task Title Number 1. Sign Regulations 2. Bldg. Design 3. Public Elements 4. Landscaping 5. Parking Standards Work Description Revise the sign regulations to incorporate smaller monument signs, establish grand opening rovisions and s ecial event si na e Review and revise the commercial building design guidelines to incorporate masonry and fac;:ade articulation re uirements Develop a strategy for implementing public street furniture recommendations Revise the landscaping regulations to incorporate enhanced landscaping requirements, particularly in arkin lots Review parking criteria and revise to incorporate lower arkin ratios for lar er arkin lots Target Completion Date June - 2002 January 2003 September - 2002 October - 2002 March - 2003 RESOLUTION R-02-1926 A RESOLUTION ACCEPTING THE REPORT OF THE COLLEYVILLE BOULEVARD CORRIDOR DESIGN TASK FORCE WHEREAS, the City Council appointed the Colleyville Boulevard Corridor Design Task Force on August 2, 2000, by Resolution R-00-1693 to evaluate the City development regulations and architectural controls; and WHEREAS, The Task Force met thirteen times to work with the consulting firm of Pierce, Goodwin, Alexander and Linville to explore urban design concepts from other communities and to meet with owners of property along Colleyville Boulevard before making their recommendation; and WHEREAS, On February 18, 2002, the Task Force, the Planning and Zoning Commission and the City Council, conducted a workshop to review the report and consider an implementation schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the document entitled "State Highway 26 / Colleyville Boulevard Corridor Design Study with Guidelines" dated December 2001, is hereby accepted and will be used as a guide for the preparation of ordinances and the establishment of policies for the future redevelopment of State Highway 26. Sec. 2. THAT the City Council hereby authorizes staff to proceed with the preparation of all necessary ordinances to implement the recommendations in the study for City Council consideration. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor cc~~ CITY COUNCIL ,""; AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item #: 8 Resolution # : R-02-1927 Previous Action: None DEPT. : CITY MANAGER'S OFFICE SUBJECT: Approval to authorize a steering committee of affected cities to retain legal counsel and rate case consultants; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas Distribution Company. Reading and Public Hearing On March 1, 2002, TXU Gas Distribution Company filed a Statement of Intent with 109 cities to increase the rates charged for natural gas service. The purpose of this report is to seek authorization to engage legal counsel and rate case consultants, suspend the proposed rates of the company, and intervene in related dockets before the Texas Railroad Commission. TXU Gas has filed a request for authority to increase the rates charged for natural gas service within the North Texas Metroplex Distribution System, which includes 109 cities. The cities included in the system are listed in the attached Executive Summary. The change proposed would increase current rates by $33.9 million in the North Texas Metroplex Distribution System. (continued) ~2- CITY MANAGER ~~ DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1927 Page 2 of 3 The last natural gas rate case was filed February 16, 2001, and consolidated rates in 40 affected cities included in the Northwest Metro/Mid-Cities Distribution System. During the last filing, the City passed a resolution suspending the effective date for ninety (90) days and authorized participation with other cities in a review of the reasonableness of the company's request. The steering committee utilized legal counsel and rate case consultants. Following the issuance of a consultants' report, a series of settlement discussions were pursued. The cities and TXU reached a settlement in rates. Although the City of Arlington will be incurring the expenses of the consultants and legal counsel, there is a possibility that members of the group will incur expenses. According to the Texas Gas Utilities Regulatory Act, rate case expenses are reimbursable to the cities at the end of the case. During the last case, these expenses were pro-rated over a six-month recovery period among the cities who hired outside consultants. The attached resolution authorizes the City to participate jointly with other cities in the distribution system (TXU Steering Committee) to independently analyze the gas rate filing and to appoint a representative to the steering committee. In order to do this, the resolution also suspends the proposed effective date of the rate change for an additional ninety (90) days. Staff contacted Rick Vaughn, Area Manager of Oncor concerning the City's action to proceed with a suspension resolution in order to analyze the gas rate filing. Financial Impact None Recommendation Approval of Resolution R-02-1927 Agenda Briefing Resolution R-02-1927 Page 3 of 3 Attachments -TXU North Texas Metroplex Distribution System Rate Case Executive Summary (Paper Copy Only) -North Texas Metroplex Distribution System Regulatory Time Line (Paper Copy Only) -Memorandum - TXU (Oncor) Gas Rate Filing - March 6, 2002 (Paper Copy Only) -Resolution R-02-1927 ,. -...... " ~ l- ~f f~ :f O..,..h..,,~" t~ ~:r z o - t- ::) In - a: t- en - c en c:e " ::) )( t- >< W ..J~ c..W Ot- a: en t-> wen ~Z enO c:e- )(1- W::) I-!!;! J:a: 1-1- a:~ 00 z >-- ~ a cc: C\J ~ .. ,... ...t:: ~ ~ ~ CJ) ~ -0 Q.) i=:: ::-- Lt :::> Q.) () C/) ~ t3 lJj ~ ~ - ~ N - - ca'" -- 0 ........ "'C C >< Q)~ C I-- Q) "'Co N ca - __CO 0 . e. fn~ 0 t-- 0 Q)- N CO ... ...Q) en .... Q)ca .. Q) It) ~ J' :E tnE - ... -- Q) ca__ ... 3: ...>< e. .c Q)o <C E LL >... ......... cae. fn Q) C .... Q)e. -- e. C .eca Q) Q) -- ....... tn tn fn -.. 0 C C Q) ~.e N ca -- .e Q) .... ca.... 0 Q) -- ~ 0 U U >C ~ 0 -0 N Q) t-- ~ .... =E .. .... Q) 0 0 ~ ca - ~... .c ~ CO ... .e .... C ... fnQ) U 0 "'C -- 0 =e. ... Q) "'C -- ca Q) ... C .co ... Q) :E .... ~ 0 ...0 ca - U .- Q) - "'C .... -- Q) - E~ U - .... Q) tn -- ca 0 >< C E 0.... "'C > Q) -- ....~ -- G) Q) en fno .... tn tn U .c - - ~.c C ~ C C. M fn M Uca -- CO 0 - ~ -- ~ C - .- Q) .c .... ... Q) Q) ._ II) = U "'C .- .- "'C "'C ..... -- fn fnQ).c Q)~ G) c= ca Q) Q) Q) ....0 ::E Q) U fn Q)fn.... fn fn cao 0 tncaU 0 0 "'N U) > Q) e. cQ)E e. e. ....~ cuO .... 0 ca'" 0 0 fnca ca ... .eUCQ ... ... j:e >< tn ~ D. o _= ca D. D. G) C l- .- - -- ..c::: LL ~S o ca Z~ :::e - ~ e ~ 0 - U) 0 - It) e :::e -e L- ~ 0 :J 0 CD ~ - en - CD .' ~ ea= N L- L- CD~ -e 0 L-o CD ~ UL- en en e _5 C) 0 en 0 enL- c. en -- CD CD 0 ~ - - -- enE L- L- E Co c. CD CD~ .. .c U) C.en :::e E - ><:J 0 0 N CD 0 CDU N U ~ CD-e - CD ~ ue It) 0 -e eea en CD CD eaen -- u en ~ ee e e ea So CD -- ! en e; E u -- ea ?ft eau ~ e en ~ -- - Eo CD - en en - > U) eaen -eCD e:::e en .een ee __0 -- >< CD ~ ea-- et-- .e en ~ - o~ cL- eo ~ CD ea CD CD o~ een ~ -0 E.c -- 0 c. ~CD L-en o CD ~E ea:J :J-- L- ....~ en CD ;-e ~~ C) ... ea CDU CDe L- CD~ >CD c.>. L-CD CD :E L- _50 0= ~E E .2 ~L- e~ ~CD uea CD en 0 en eu CDE L-CD ~ en en ns eae L- __ L-> :J e --- -- L- :Je >< 0 D..en Oc. 0__ 0 CD en I- ea CD .c ~ ~ >. o CD Z~ ~ E-- .1 ~ >< G) - C- o ~ ..... G) :E tn ftS >< G) ~ .c: ~ o z "'C CD "'C ~ - (.) c - U) c 3: o I- Q) 0) m :> ~ ~ >. m 0 ...... 0..Q)..c:~ C3 Q) ;: '- E .:> en m ~~ ~ ~~ g,~~ >.(.)O)eemm:::J ommmmQ)..c:o 0::: en en en en en en en Q)...... O)e m Q) .!!2=E .c Q5==> Q) Q) ~_:::J ......I..c:;i _... Q)en'-~Q) ~oum~C:~oen >.0 >.~m Eo......;: Q) Q5 c:U..c:m(j)............ ......EQ) e Q) g. 10 Q) ~ ~ ~ :2 ._ >. ~~~s:s:s:s:s:s:s:s: .!!2 I "'C c: m >. Z" ..c:Q) Q)m~C3 ~~ 2 en:::J Q)~mLL. m :::s::eng:ce-j€€m (.) Q) Q) 0 :::J Q) 0 0 .:> :2:2:2:2:2zzz0 Q) 0) ~~ Q)== 1,;.> U"'C en ~ e e Q)..c:o~........c: en1O~..c:~.8 m Q) .2 .2> :::J :::J IIIIII en e Q) "E m (!) e o ...... 0) ~ Q) e m >. ..c: 0 .:> Q)~c:oQ)C: ;:~.9~:O~ e"ffi 55Q) 55 uooooo e e o 0 >. .en_ 1ft ~ C, Q) e ", >. c: '- Q) :g.!2~:c.gN <(<(<(<(<(<(<( Q) c: :2 .....a.c: c' Q) :;::; .5 en en ~ 0 :::J - J J Q) 0) ~ :> ~ (.) en Q) en O)Q) "'C :::J WW en 0) e .C a. en"E ..c:.e ..2"'C m Q) mm ...... e o '0 0),-0.. Q) Q) C~O mm== 0..0..0.. Q) "ffi "'C '- Q) ~ e E Q) 55 2 :::s:::::s:::::s:: ..c: (.) e ~ Q) m .:> ffi ;: ~ ~ E Q) Q) Q) ~ :~ ~ ~ WLLLLLL - ~ - en c: :E en e 0 ~ o '- en "'C m Q) '-......Q)"Ec:O~~::: o Q) Q) a.m~ '- o~~ ffi ~ .~ e ~ ~ .~ ~ g ~ 0..0..0..0..0:::0:::0:::0:::0:::0::: en..c: m ~ '- "ffioQ)~ os::2en en m Q) Q) Q) (.) ~ ~ ~ e m m m m .....J .....J .....J .....J ~ m a.. E ew o Q) (.);i e...... :.:J:.:J ~ Q) ~ "'CU Q)"ffi C;:..c: ~ ~ m m :2:2 "'C e 5 ..c: :2I5 ~ 0 ~ ~ o .C LLLL ~ Q) ..c: .C >. 0).- ...... .(5 ~ Q) C3 "'C I a.. .~ c: c: "'C Q) E m c: c: 0..9 ~~~~m (!)(!)(!)(!)I "'C e ~ :::J o 0 e:2 .c Q) 55.2 mm e o >. en e "'C Q) Q) m >.m O)c:e u:!:o "'C 0 0 I .:> _ U 0::: cr:en:::'-m>.Q)Q5~ en Q) Q) e m e Q) a.a.c: ~ en :::J ~ ro ~ Q) 0 g. g..g 0 e mmUUUUUUUUU ~ .:> c: en 9 .~ m Q) .....J .....J '- ...... Q) en Q) ;: ~ 10.20 LLLLLL - ~ 'eft. ~ ~ ~ ~ 10 - 0 0 0 0 ~ I"- 0) N N 0) 0 CO CO ~ 0 0 . . . . . I-- 0) ~ M 0 l"- . CO M LO V 0 LO I"- CO ~ ~ a> Mo) I"- CO l"- e/) .. .. .. .. .. CO COCO~ ~ M a> CO 0) CO LO L- I"-MCO CO (.) .. .. .. .. ~CON M .&;; N M f:It f:It f:It f:It f:It ~NCOv M ~NLOo) ~ "'0 LOMO)CO LO a> ... ... .. ... .. MI"-OO N e/) I"-LOOM CO 0 ~NMo) CO c.. ... - ... ... .. 0 COl"-NM ~ 0: o)MI"- ~ N~ LO f:It f:It f:It f:It f:It M 0) ~ 0 M ..... CO V 0) CO 0 en >< ..... ~ M ~ 0 CO 0 C .. .. .. .. .. 0 CI) a> LOCOO)CO co - e/) COLOMN 0 en C. a> MCOCOO) CO CO ... ... ... ... .. (!) 0 0: MOO)M I"- ~ I"-MCO l"- e ""fn N~ V 0 Cl)fn f:It f:It f:It f:It f:It ..... :E~ co "t: Cl)U e/) 0 a> a. CU~ e/) C> en ><m L- e en co co Cl)CD CO - .~ B t.- O CO :L J- I-tn ~ (.) ca C L- .~ CO en .t:CD a> a> ~ L- a> +-' Q) ..... ..... .~ ~ "'C ~~ t}. :g e/) ::J > 0.5 e/) :J L- () & 8 "'0 a> e Z .&;; en - -tc ~ f- .~ J' en CI) en en res - o ~ .c ...-. CI) en res CI) ... CJ CI) C ........ CI) ><~ ~f Q,.CJ 0': ~CI) ...~ (1)c: :ECI) f/)> taCl) ><~ (1)"C 1-= J:o t=8- 0'" ZD. '#. '#. '#. '#. '#. '#. '#. '#. '#. '#. '#. '#. CD 'It N I' 10 N .... 0 to to C") .... 0....~C")'lt~~C")0)'II:C")~ o 0 .... ..t cO 0) 'It to Iri 'It 0 N T"'" T"'" T"'" T"'" I '#.'#.'#.'#.'#.'#.'#.'#.'#.'#. ....NIO'lt'lt'ltO....C")'lt C'!....~CD........O........C") 'ltaio)a:lOCDO""':aiO .... .... - CO - 1: '#. '#. '#. ........altONI' alOC")C")1O m~I'ailri ~ C")N....I''ltIOI'o)OCDtON....C'')~....I'tO C") CD I' C") 0) .... 'It 0) N N C") C") N 0) 0) 'It CD .... ~ ~~....'lt~q~tOI'~C")~~'lt....tO....I' --'ltlOm~'lt....I'~~N~'lt'ltON~mm alSION~........NNO(l)tO....~I'I'IO....IOC") ~~~~ ~~~~~~~~ ~~~~~~ ~<( ~ ~ o -'i tOC")'ltOIOOCD ....O)tO~NOC") 0)....10 ~....IO ~~~ :n~~ ~ ~ N. .... ~ .... ~ ~'#.~~~'#.~~~~~'#.'#.~'#.~~'#.'#.~'#.~'#.~~ ~C'!IOOO'ltO~....OIOI'ONIO'II:tOOOOOOOo)O.... OtOa:lOOMOOa:lMOMOOcOI'OOOOcOootOO'lt -'iN N 1'.... N....C") 10 N '#. C") CD C") CD 0). 10 ~tOcti iii~~ ::l "0 -'ii 00.... ~ ~ C") N cti 'It N ~ OO....I'NI' ~~NIO'ltO) to.O.~O ....1' cri N~ ~ ~ o 10 ~ ~ 'It N C") 10 C") 10 I'cti O~ .... ~ 10000'lt O~~~to 10 (l) ~ ai ~ OOCDO'lt ~~CD~CD ~ 0 I' ~ ;; ~ ~'#.~~'#.'#.~'#.~'#.'#.'#.'#.~~~~'#.'#.~~~~~~ ~C")IO'ltCDI'(l)tO....C")~I'IOC")'ltC'!C")....'ltOIOOO""CDO ~ cO ,....: ..t Iri cO Iri 0 ,....: cO N .... ..t .... ,....: '7 'It M cO 0 cO 0 0 .... cO ai ~ ~ ~ ~ ~~ m ~ to CD ....~ 8~ .... .... ~~ (l) CD 0 I' 0) .... 10 10 to to 'It 'It 0) .... CD N 1'. to. to '11:.....10 C") 0 aiN....,..:cri,..: ~~~~~~ ~ ~ 'It .... I' to o 0) ....~ ~ NCDNtON'ltOtO C")NC")........o)~CD 0) 'It to. 0 I' to 10 ,..:ail'cri....ai ai ~0)~~....I' ~ C")~ ~~ ~ 00....01' ~~....I'tO ~ CD 'It. ....~C") ~~IO C") ~ ~~~~~'#.~~~~~~~~~~'#.~'#.~~'#.~'#.~~ o I' CD .... ~ N ~ 'It CD C'! C'! I' to 'II: CD I' ~ CD CD ~ .... 'II: 0 'It CD ~ -'iiOaiCO....NC")CO..tNtOCOCOtO....NlOaiOCDOl'OCOaiN f1. T"'" T"'" T"'" T"'" T"'" T"'" I .,.... T"'" T"'" T"'" O)ON O)C") 0) CD to CD.... IOtOOtONtO'lttOI'tO ~ ~'II:.'II:.~....IO ~IO N.N. CCD....I'lOmaitOm'ltlO all'C")~",,""""NIOCDIO "O~IO ~CD~~~N~ 'iij ~ .... ~ ~ ~ to .... to I' .... I' cricri ....~ ~ >- - U >- .c a;- U) CO ~ o Q) Q - - Q) U) m ~ o .E Q) ::::l c:: ~ Q) a:: ~ ~ 6 Z Z W ~ o8z<!;;:~~w WZeJ CD ::l Z 0: ~ ::l r:j <( <( <( <( <( <( <( al C .... :::i C")....t:'01O IX)C")ONI' N. I' IX) .... 'It tOcriNN"': to to 10 .... 'It ~o_~~~ .... ~ C") I' 0 ~~~ cti~ 'It .... ~ tOOto N C") CD N N 0) aimcti C") N 0 ~~CD ~ .... to N .... ~~ to ~ ~ ~ Z 5 ~ ~ ~ f~ ~ ::l d (S ()~~~z ~~~~U~~~~~ ~~8888855c5~ ~ 0 Z - Z W ~ ~o~::l85..J o15~~a:ffi~ ..J~CD~~~o: ~CD~ffiffi~(S NC")'ltIO<OI'CDo)~ .... N C") 'It 10 to I' CD 0) 0 .... N C") 'It 10 ....................................NNNNNN ~ f- I' ~ en CI) en en res - o ~ .c ...-. CI) en res CI) ... CJ CI) C ........ CI) ><~ (1)CI) - ... 0.(,) 0.5 ~CI) ...~ (1)c: :ECI) f/) > taCl) ><~ (1)"C 1-= J:O t=8- 0'" zD. '#. '#. '#. '#. '#. C") 10 I' 10 'It N 10 C") 0 U'.l Iri ,..: ai Iri Iri c'#.'#.~'#.'#. ........alOIX)C")N'lt alotOCOCOCOU'.l II)B)MaiNlrid mil..... ~ o ~ ...... - - al C II) ::l m ~ t3 <( .& '#. '#. '#. '#. '#. ~ '#. '#. ';ft. ';ft. ';ft. '#. ';ft. ';ft. ';ft. N .... to I' C") I' I' .... CO C") 0 I' 0 to U'.l to CO C") ~ NON CO CO C") ~ .... 'II: 'It V c::i ..t 10 CO ai Iri ai ai V C") N .... 0 c::i c::i T"'" T"'" T"'" T"'" N - I"- - ~ ~ to to ~o .... .... N~ ~ I' I' 10 CO (l) to CO (l) 0 0 (l) to to C") 10 N (l) U'.l CO C") (l) C") C") o N CO 0 V V N V I' CO U'.l CO C") (\') to (\') U'.l U'.l N 10 CO 10 (\') ~COl''II:.....(l)~~N~N~~~~VI'(l)(\')I'I'OO I'NcritOcti~CONN(\')tON(\,)COl'~~(\')mtOv~"" N....tON....tON~(\')tO(l)....ION....I'(\')~....NNU'.lCO ~~~~~~~ m~~~~~~~~ ~~~~~ ~ ~ ~ o 0 ~~ NOOCO O~~(\') I' 0 o 10 ~ '# '# '# '#. '# '# '#. '# '# '# '# '#. '#. '# '# '# ';ft. '#. '#. '# '#. '# '#. '# '# ~I'O~OtOO~IOOOIO~N""~OlOtO~O~~~"""" ~ .... 0 N c::i ,....: c::i 0 N c::i c::i N 0 cO c::i I' c::i cO c::i 10 c::i 0 0 0 ai 10 to (\') N .... .... ....'N vN ....to '#. ~~~~S; mV CO (l) 'i: ~ 0 ~ - N .... N ~~ ~ ~ "0 .& ~ ~ .... .... ....~m ~ 10 I' ~ ........ C) N (l) I' N to ~ . ......1' V N ~ o N N N ~(l)O(\') .... 0 CO ~~~ N~~ ~ OOOOtOCO ~~~~I'.... V C) ~~ ~N ~ ';ft. '#. '#. '#. '#. '#. '#. '#. '#. '#. ';ft. '#. '#. '#. '#. '#. '#. '#. '#. '#. '#. '#. '#. '#. '#. ~....O~NU'.lV~(\,)U'.l(\,)COIO~~IOI'~IO~COl'(l)NO(l) ~ 9 0 .... c::i cO c::i N cO V Iri Iri N N N Iri 9 (\') cO .... N (\') Iri Iri cO N '#. ........ ~~~~~15 ON V.~C) ~~ ~ m 8 vtO....(l) I'vNI' V~O(l) ~"""to~ I'~ .... ~ ........ (l)I'CO....v(\')(\')....N(\') lO(l)tO(l)(l)I'....v........ VV.VNN~C")ONV. ~lOm~ctil'~ocri.... (\')~O....to ....IX)N ~ to~(\') N....~ ~ ~ ~~ ; I' I' ~ N .... ~~ CO(\')N(l) V .... 'It (l) N 1'. to. IX) ~~~~ ~~ ~'#'#.'#.'#'#.'#'#.'#.'#.'#.'#.'#.'#.'#.'#'#.'#'#.'#'#.'#.'#.'#.'#.'#. ONC)(\')O(l)tOCOovtO........~~C)I'tOtO(\')(\')~~lX)tOI' .& ..t ai M cO N cO ,..: N Iri Iri .... cO to (l) ai lri c::i .... cO cO N .... c::i N a:l ';f!.. T"'" T"'" T"" T"'" T"'" T"'" .,.- T"'" >- - (3 >- .c ,a;- U) co ~ o Q) o - CO V CO 10 (l) 10 (\') (\') (l) 0 to (l) .... .... .... to N CO (\') .... .... 10 m 10 to to .... 0 (\') 0 N V C) (\') .... I' (l) C) V C") .... .... .... IX) 0 ;~tOv~CO(l)(l)NtOI'I'VI'VCOl'~NIONNIO ~m~~~~~~Ng~~~~g~re~~~~~~ ~""~""~N~~~~ I'~IOVIO~I'V"" ~~ II)~ ~ ~ ~ ~ N~"" ~~~ & ~ ~ - Q) U) m ~ o .E Q) ::::l c:: ~ Q) a:: ~ ~ 80 b ~ w ~ ~ ~~~ ~~ O~='LL CD> ~LL Z~CJ)CJ) ~~~ffi~~~~w .....zS<..Jffi_O:O:I- 8Z3trl@[jjifififif 10 10 I' I' C") C) o (l) 0) m....1O .... co .... N(\,)~ ~~ w C) ~ ~~ m~ g~~ o@~~5 ()~ CJ) All-:> ZJ: ;:r;~tu ~z Z ~ ffl I- 8 ~ ~ ~ tt Q ..J F 0 ~ &; 0 ~HUclUH~~H~ ~tOI'COo)O""N(\,)VlOtOI'CO(l)O""N(\,)VlOtOI'COo)O :::i N N N N (\') (\') (\') (\') (\') (\') (\') (\') (\') (\') V V V 'It V V 'It 'It V V 10 ~ f- I~ J' en CI) en en res - o ~ .c ...-. CI) en res CI) ... CJ CI) C ........ CI) ><~ (1)CI) - ... o.CJ 0.5 I..CI) ...~ (1)c: :ECI) f/)> taCl) ><~ G)"C 1-= J:O t=8- 0'" zD. 'Ecft'#. Q) I' I' 0)0101' i~a:llri ~ o ~ ~~~~~~ ...... NCO(\')NCOO) --coNer)vN~ Q)5N~(\,)(\,)NN i~~ ~~~~ t3<(~ .& '#.'#. .... 10 I' I' ..t c::i .... .... '#.'#. U'.l CO (\') ~ ..t .... .... '#. '#. '#. '#. '#. '#. '#. '#. ';ft. ';ft. '#. (l)N N CO........ (l)COlOtO 0 (l)VI'(l)NO)IONN....(\') c::i ..t lri cO c::i ai a:l a:l M c::i M T"'" T"" T"" T"" T"'" T"'" '#. '#. '#. '#. ';ft. ';ft. '#. '#. I'OtO.... (\') CO(\') V COO IO(\') to (\').... (\') a:lcOcO"':ai""':lric::i .... .... - CX) - (\') N ~ ~ Ner) to (\') ~~ mlO~8m~~I'r::: 'lt~~(l)CONIO~V cDVNer)er)NmNer) ~U'.l~(\,)~~NCO~ .... CO ~N ~ ~ ~ ~~~a;IO~~~ IOVNqtOtO....N ~i~~~~ ~ ~ ~.... IO~ N ~ ~~gg~ggggg~g~ggg~g~ggggg~~ ~ .... c::i c::i lri ..t c::i c::i c::i c::i cO c::i .... c::i c::i c::i c::i c::i c::i c::i cO c::i c::i c::i c::i .... (\') N 10........ .... (\') (\') .... ';ft. to 0 0 CO~~ m V 'i: N - CD II) .... -6~ .& C) 0 (l) (\') N to cDN ~~ OOOO....OCO ~~~~(\')~N I' N o cD (\') N ~ ~ V 0 to (\')~IO 0) V cD ~ ~ ~ to .... 10 CO o ~ Iti.... (\')~ ~ 000 ~~~ o C") 0 0 0 ~(l)~~~ V. .... (l) ~ ';ft.';ft.'#.';ft.'#'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#'#.'#.'#'#'#.'#.'#.'#.'#. ~VCO....COO(\')V(\')(l)I'(l)""lOo)O....(\,)OO""IOIONOo) _g..t,..:....lri....lrilri....c::iMMCO....Ma:lCO....colrimMVa:lNc::i N .... .... .... V '#. m ~ '(3 O. ~ ~ 8~ OCOU'.ll'(l)NtOOO)(l)(l) V I'....CO10 N....V CO....N N........tO....IOV~q....I' ~....er)....NtOer) tO~N ....N~~~~ N C) ~~ ~ .... ~ IOCONCO V"" 100 1'01'10 tOtO(\').... N~CO....~IO....~ .... mo ~""I' ~ ~IO ....~I' ~ .... (\') ~ ~ ~~g~~ ~(\,)NI'~ N~v" ~~(\') ~ ~'#.'#.'#.'#.'#.';ft.';ft.'#.'#.'#.'#.'#'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#.'#. OC'!I'O(\,)(\,)o)I'NOl'NVIOIOONtOI'tO(l)VNIO(l)(\') .& N lri M .... cO N N cO cO cO .... N cO .... N N M m cO ..t a:l c::i lri lri m '#.... ........ ........ .... .... N .... .... .... .... .... N I >- - (3 >- .c a;- U) CO ~ o Q) o - - 10 to to .... .... 0 ........ NNOCD NNCON C")V(\')~ ~N~~ IO~CD ~ .... ~ C) to to C) to CD .... to .... N CD ~ N I' N to (\') I' (\') m....N.... 0)0).... VN lOCO.... OCONI'........CO ;~~NI'VCDlOvvtOlX) tOCDI'CDVION C~NN~~~~OctiItiN~N....~~riOri Q)C)~NO....NIO(\')~C)~....~~........~CD~ ~~ ~~~~~~ ~ ~ ~~ ~ ~~ Q) U) CO ~ () c:: (l) ::::l c:: ~ (l) a:: ~ ~ 8 ~ ~ ffi - ~ ~ ~ ~.... CD~ ~ CJ) -l ..J :E 00 ~ ~ ~ ~ ~~~ffi j ~~~~~<(~5~<!~~ zffi~ c5~ffi~z>z..J LLIZCJ)::lW 0;;;; ~~~~~~~~~~~~g~~~~~~ ~~~ ~ ~ ~ !2 ~ ~ ~ ~ ~ ..J :5 :J ..J ~ ~ ~ ~ ~ g ~ Z ~ ~ ~....N(\')VlOtOI'CD(l)O....N(\')V~m~~~e~~~~~ :::i 10 10 10 U'.l 10 10 10 10 10 to to to to to '"' '"' - - - ,- ,- ,- ,- ,- ,- ~ f- . en CI) en en res - o ~ .c ...-. CI) en res CI) ... (,) CI) c ........ CI) ><~ G)CI) - ... o.CJ 0.5 ~CI) ...~ (1)c: :ECI) f/)> taCl) ><~ (1)"C 1-= J:O t=8- 0'" zD. '#. '#. '#. '#. '# o C") 0 10 C") 0) 10 IX) C":! 10 I' 0) 10 CD CD .... '#. '# '#. '#. ....C")0)'lt C") <<? C":! N CDVIOO .... '#.'#.'# o V I' CD 0) C'! C") 0) 10 '#.'#.'#- 10 .... C") N .... 0) o cO 0 .... .... '#.'#'#'#.'#'# o)C")........N'lt C":! .... ~ .... ~ 10 10 a:l .... m 10 CD .... - 0> - 1: '# '#. '#. '#. ~~~~~~ II) B)'lt CDI' c::i gJ [1. .... ~ o ~ ~~g~~~~~~rere~~~~re~ggo~~~~~ ~ CD~'lt""NO~~'II:.IOC")~C")q~~'II:.""~O)~""lOo)lO --~oltil'er)~tOC")CDOlOo)o)I'C")tO'ltCDOCDOo)C")OcD Q)S~'lt~'lttO~........C")CDtOIONNtO....'lto)IONI'''''C'')C'')'''' II)g ~ ~O) ~~~~~~~....IO~....~~~~~'lt~.... gJC N .... ~~ ~ ~ ~ (j<( ~ ~ ~ '#'#~~~'#'#~'#.'#~~~~~'#~'#'#'#.~'#'#'#-~ ~O~~~O~~~~N~O~o)tO~OIOO~IO~~C'!~ ~ 0 to 0 0 N 0 0 0 0 N .... 0 0 'It cO 0 c::i 0 0 0 .... 0 .... .... 0 .... 10 NC") .... N N '#- :m ~ - II) ::l "0 ~ 0l'00C") ~O)~~'lt C") 0) ~ 0 to ~ 00000) ~~~~C") ~ o I' ~ C") 0 0 'lt~~ N ~ I' V V I' ~~ C") C") ~N ~ o 0 C") ~~~ o C") ~ o 0 0) ~~IO I' o C") ~ o N N 0 ~....CD~ .... 10 ~er) ~ '#. '# '# '# '# '# ~ ~ ~ '#. '#. '#. '#. '# ~ '#. '# '# '# ~ '# '# ~ ~ '# ~I'~~C")~C":!~~CD~C")""~~C")~""'II:'II:C")~~~IO~ Oc::iIOOIOC")WVNMC")........tO....I'Va:lNlOc::itOlrilOtON ~ I .... '# t:'tOOVOOCDONNOl'IX)IOI''ltOC'')I'OCDI'IOVI' :m V CD ~ to CD to I' N 0) to N IX) C") (\') 'It to N .... C") .... .... CD 0) U'.l to O~'II:. C")'II:.~O)q~~I'q~I'IO~C")""o)NC")~~~CD ~~~ ~re~g~~~~~mt~~~m~~~ a~~ 8 ~ ~ ~'#.'#.'#.'#.'#'#'#'#.'#.'#~'#~'#.'#'#.'#'#'#.'#.'#~'#'#.'# OC")~O~O'lt'll:'lt....CD~C")'II:tOOo)tO'II:(\')'II:IX)CD~C'!N .s;; 10 .... a:l N ai M to 0 0) 0) 10 to C") ..t 0 Iri 0 to M to 'It .... 0) 10 0 '#. ~ ..... ..... .......... .................... ..... ..... >- - u >- .c ........ (l) U) m ~ o Q) Q - - Q) U) m ~ o .E Q) ::::l c:: ~ Q) a:: ~ ~ ~o (\') to 10 .... CD 0 CD C") 'It 'It V N 10 10 I' CD 0 ~~~~~~~~I'~~~~~~~~ Ol'oaimNtOCDC")CDNO)a)C")"': COIONOO)....C")IOVNN....O)NO ~~~....'lt~....~~~~~C")~.... ~~ ~ ~ ~ ~~~~~~~~ :m 0). o. 'It. I' I' C") o. CD. 'E......CX)It)O),..:IliMN Q)~N~C")""~"""'" ~ ~ ~to ~~ II) N &. ~ .... ~ ::l ~ ~ ~ ~ ~ 52 ~ en :I: ~ ~ ~ ~ ~ ffi ~ C) C) z <( <( en CJ) w C) :5 d ~ ill o:wo:ww>- ~..Jo~..Jz ~5~~~9 ~8~5~8 <(enz~~05~ CJ) CJ) CJ) en I- ~ ~ 6 CJ) ..J Z d en !z z OJ:~w o ~ 0~Z~~~6 ~~lb2~~~8~~ffiz ~~~~~~e:It~~~~~ ~WI'lX)o)O....NC")VlOtOI'CDo)O....NC")'ltlOtOI'CDo)O :::i I' I' I' I' CD CD CD CD CD CD CD CD CD CD 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) ~ ~ f- I~ ~ en CI) en en res - o ~ .c ...-. CI) en res CI) ... (,) CI) c ........ CI) ><~ G)CI) - ... o.CJ 0': I..CI) ...~ (1)c: :ECI) f/)> taCl) ><~ G)"C 1-= J:O t=8- 0'" zD. - C Q) Q) 0 II) ~ m If ~ o ~ ~ - - Q) C II) ::l III ~ ~ <( o J;; >- - u >- .c a;- U) CO ~ o Q) o - - Q) U) m ~ () c:: (l) ::::l c:: ~ Q) a:: '#.'#'#.'#.'#.'#.'#.'#.'#. OtOo)I'NOVtOtO 'II: o)N co 0) V"" CD"" o V ,....: cO C") lri lri ..t a:l .... - o T""" - (l) co 0) .... CD V CD I' (l) .... 0) CD(\')IO 10 OC")CD 'It. 0 .... ~ 'II:. ~ CD. ~ 'It. to..tcriNOl'IO........ VV....~........CD....(\') ~~~ ~~~~.... ~ '# '# '#. '#. '# '# '#. '# '# ~OOOOOOOO.... ~c::iooc::ic::ic::iOO,= '#. m 'i: - II) ::l "0 .!;; 00000000$ ~~~~~~~~O) LO N ~ ~ '#. '#. '#. '#. '#. '#. '#. '#. '# ~tOION~IO~V~(\,) Olri....(\')lOc::i....Nc::i..t .!;; " ~ m~oo~Il)CX)Ci)~ m~~:n~~~~~&':l ON~N~~~cri~1ti '~~~~ .... N ~ ~ ~ 8 ~'#'#'#'#.'#'#'#'#'# _g~I'~ooOl'....~ .... cOo I' vcococo.... ?f!. ~ ~ T- .... 'It CD co -'It to.... 0 IllNCDtO.~ ~..fa)ON Q)vC")....~ 32~~~ II) ~ N 0) 0) N v.o 0"': .... .... ~~ .... (\') V to 10 to 0)1O~ .... .... CD I' .... 0 ~~.... ~ w C) ~m R;jH ~d~~~ffi~E 5n~~~~~~UJ ~~~~~~~~~ Q).... N(\')'lt 10 to I' CD 0) Cooooooooo ~~~~.,-.,-.,-............... - T"" ~ T"" - "'C Ci) f- Q) II) "": 0 Q Q. 'llt' 0 . fit- ... Q. r - ~ c Ci) II) Ci) ... Q. - C") ..... () "": 0 :E Q Q an N CD fit- @ - .- m ... Q C'CS .!! Q Ci) 0 .c - N > C ~ Q) ~ :2 0 en ~ Q) a: Q) ~ Q) ... .c Q) 0 - ..... .. u.. 0 >< I 3: (1) - - .. - 0 - -- eo c.m LL Q) Q) 0 - ..... ... as -- ... ~ (1) t: :E CD 0 ,... "C an Q) -- eo Q) U) en C") ..... ca CI) fit- >< a: (1) CD Q Q 0 Q .... 0) ,... an C") ..... fit- fit- fit- fit- .t: as lunowy ... ... CD ... > 0 <C Z ~ f- . ><en (1)CI) _0) o.C: oC'CS ....c: ...0 G)en :ECI) 0) f/)'" taC'CS ><.c: (1)0 I-CI) (,) J: .- t='= o~ Z LOLOLOLO ,.....,.....,.....,..... -.:i-.:i-.:i-.:i ~~~~ - C\I ~ - 0000 0000 Or--:r--:r--: ~~~~ .... o - (1) > (1) - "'C (1) fn o c. e c. (1) .c ..... (1) > ns .c C) c . .- ..... :: U .... (1) (1)tt: .c (1) ..... C C .- .;; ~ (1)..... ._ C ~ (1) u t: N ::s o u ~ fn C)C1) C C) .- ~ c ns .- .c ns u E (1) (1) U ~ .- (1) ~ .c (1) I- fn LOLOLOLO C'\I C'\I C'\I C'\I <0<0<0<<:> ~ ~ ~ ~ ~~~~ 0000 OLOLOLO Lrir--:r--:r--: ~~~~ 0000 0000 NNNN ~ ~ ~ ~ ~~~~ 0000 0000 oLriLriLri C'\IC'\IC'\IC'\I ~~~~ 0000 0000 LriLriLriLri ('f) ('f) ('f) ('f) ~~~~ 0000 0000 oLriLriLri C'\I C'\I C'\I C'\I ~~~~ - ... IO ~ .gJ ~ Q) 0 UU ~ en Q) c: en ~ .c: CO Q) (.) (.) E ... c: :J CO :> I..J> ~ f- I' ~ >< (1) - 0. o ~ ... (1) :EC'CS f/)ftS tac >< ... (1)CI) I-E J:S t=en o ~ ZO CD C) c ca .c o - I- ca "D CD CD> tn_ o en c.CD Ot- I-~ a..Q I 0) - "D CD 0) "DO) CO) CD~ en ~ .c~ - M C " o u E CD C N ~ ~ o - c ::s o ~ "#."#."#."#. o)N~CO 1M - CO~.....M CONMO) ~~.....~ N~ ~ II) - II) NCOII)M COQII)~ ....NII)II) NM fD ~II) 0) CO CO COQ~Q O)MNII) M~~N O~ lei' 0)11) ~ II) CO tn I- CD E o - tn ::s o Ci ca .- .. ~ ca C CD .i: CDe-ca "D en - "- e ::s 0 :0"Dt- 0::::0.5 - ('t') "l""" - "#."#."#."#. o)~COCO NN<i'I - ....11)11).... Q~MCO CO~COII) o;~r-:fD - M....II)II) QMQ~ ~CO~~ MIei'N~ ~NNo) CONQCO o)N~1I) II)N....II) M~o;~ MNNCO - Q Q Q - C .- - U _ :E ca .! C"~ca .- C CD "i: CDCDe-ca "D tn - E .- e ::s 0 ::S:0"Dt- ~0::::0.5 tn J! ca UJ - ~ """ T""" 'll:t - or- co 0 0) . Q. .. CD f- 'll:t en CO or- CO 0 . . c j .., or- 0 .:. lIS :::!: 0 0 . u CD C 0 0 . Q. CD en 0 0 . c j "C .., 0 CD 0 "C .:. c lIS W :::!: ~ 0) CO Go) 0) > . u CD C 0) 0) . >< Q. CD (1) en 0) - 0) 0. . c 0 j .., I.. 0) ... en G).c: .:. lIS :E..... :::!: f/) ~ CO 0) . tae u CD ><Cl c (1)... 0 0 0 0 0 0 I-CI) 0 0 0 0 0 0 0 0 0 0 0 0 J:E .. .. .. .. .. .. 0 0 0 0 0 0 t=S 0 CO CO 'll:t N 0 ...... CO CO CO CO CO O~ Zo - ~ LO T""" - Q) f- .r:::. ~ I' C co J' en:!:: COo. "CO U ::::>~ XQ) I-c c c c c c ~en 0 0 0 0 0 Oen .- .- .- .- - - - - .- - - - - - Oe .- .- .- .- - E E E E .- NO). E L.. ~ E ~ 0) r--- 0) CO Q)OQ) . . . . . ..cC(;) ~ N ~ CO CO 0 Eo~ 0 L{') N ~ 0 Q)=CI) 0 ~ . Y7 Y7 Y7 Y7 ....... == ~ o.EC Q) 0 N Cl)CO+:; "'C ~ .r:::.O.E CD en C'CS 0)0 .- CO L.. E :::::J~~ ~ en o Y7 .5!2 L.. >< E ..c"'CO U Q) C ~ (1)~ ~Q)X .- Q) -UJ O)(;)Q) en .r:::. ~ 0.... O)Q)- CO ~ Oc: 0)>0. .r:::. ~ en oes I.. CI) ~Ce ~ e ~ en G)E L.. .- ~ C (9 C Q) Q)enQ) Q) CD en C :E1i) ..cCO~ E u E C .- E.r:::. en ~ .- 0 ....J f/)~ en E CD +:; CD Q)CCO CD U CO tac: U 0 X > 0 CO U U c:: .- ><- Q) +:; CD C - 0 2: CO O:::::JI- 0 a. - ~ G)tn - CD CD ..c en U Q) 0 I- .5 E . L: .r:::. en W ~ ~ CI) I- - o~t 0 J:LL L...5!2 0 L.. t=CI) LLOZ (9 0'" . . Z~ ~ f- I' J' CI) en c: CI) c. ...-. ><~ WC'CS ><CI)E G)CJE -c: o.C'CS~ oc:cn .Q CI) L. (1)cCl) III:: .- E ..::::; C'CS 0 f/):E.... ta~~ ><enO G)c:...O I-OCl)~ ~ :;; D. It) = C'CS.... :: ......en~ o ~o ZO~ en &: 0 ~ en ~ S CD C. ca 0 u .~ 0 ca ca ..J E c. CD CD &: 0 Q:: :J z 0 . . ,....CD O)(\') . . OCD ~~ ~ oqo . o ~ o o . It) o ~ ~ o o . It) CO ~ o o . It) 0) ~ ... CD 0. ... (\') CD ~ E ~ 0 ~ ... I en ~ ~ 0 (J 0 N ... CD 0.... ,.... CD o E ~ 0 ~... I en 0) ~ 0) (J 0) ~ o o . It) ,.... ~ - co ~ - en en en ~ G) (,) c .- en ';fl. ~ ~ cD .c i o ... (!) ... CD E o - en ::::s o >< .!!! Co o ... - CD ::E en ca >< CD t- .c 1:: o Z - I"- ~ T""" - f- N 0 LL N . tjI) J' ~ CO W ~ tjI) - 0 ca 0 ... 0 &: C) 0 CI) CO .2 > C\I ~ -<C L- e tjI) ca co z Q) 0 >- C .., 0 en "'0 ~ C Q) 0 en m ... .J:l CI) en L- D. Q) .J:l CI) ~ E en ..... 0 :J ~ Z c: tjI) >- CI) c C. m c. >< E ><W OJ 0 G)CI) () L- -CJ Q) 0. ..c OC:c: - 0 ~C'CSo N ...C:en M <C G) CI)-- ~ .., ... tjI) :E c: C'CS -- c. f/)C'CSe "'C ta:EO CD ::J U) ><odO >< 0 I- g. G)c:~ ... I- 0 c: a.. - - C'CS It') 0 It') 0 It') 0 J:cac. 0 co It') C") 0 co t=;e N ..... ..... ..... ..... ~ ~ ~ ~ ~ ~ o c. 0 ZOO ~ f- I' ~ - C'CS .... .- c. C'CS o "C CI) .... en CI) >< > G) -= - c.c: o 0 I.. c: ... ... (1) ~ :EGi f/) ~ ta c) >< c: .., == ~ .- I-u. J:S t= C'CS o ~ z ~ 0 ~ ~ . CD ~ 0 N N . It) - ~ 0 It) ~ . CD ~ o o o . o ,.. ~ o o o . ex) ~ o o o . CO ~ o o o . lilt ~ o o o . N - CX) ~ - 'tJ G) U) o Q. o ... Q, C) c .- G) m'tJ ~G) - c ... ... i~ ... ... ~ o c .- 'tJ1l) G)-.t N"l'"' .~ G) 00 ,c:) '$(!) <( ~ o o o . o NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM REGULATORY TIME LINE 35 DAYS 90 DAYS 30 DAYS 185 DAYS Arxu '4. · FILING DATE (03-01-02) · EFFECTIVE DATE OF PROPOSED RATE (04-05-02) POSSIBLE SUSPENSION PERIOD BY CITY (07-04-02) PROPOSED RATE GOES INTO EFFECT BY OPERATION OF LAW IF NO FINAL J ACTION IS TAKEN (07-04-02) · POSSIBLE BONDING OF RATE (07-04-02) MAXIMUM TIME TO FILE APPEAL WITH TEXAS RAILROAD COMMISSION (08-03-02) MAXIMUM TIME FOR TEXAS RAILROAD COMMISSION TO ACT ON APPEAL (02-04-03) ~ ORDER ISSUED (02-04-03) 1 cce0 Texas MEMORANDUM TO: Mayor and City Council CC: Bill Lindley, City Manager Dianne McWethy, Deputy City Manager FROM: Collin Boothe, Financial Analyst March 6, 2002 t!I3 TXU (Oncor) Gas Rate Filing DATE: SUBJECT: On March 1, TXU Gas Distribution filed a Statement of Intent with 107 cities to increase rates charged for natural gas service 1, A list of the cities is attached. This filing will consolidate the rates for the cities, with the ultimate purpose of TXU Gas to move to a uniform system-wide rate in over 450 cities. A separate rate case was filed for the Dallas Distribution System, which includes the cities of Cockrell Hill, Dallas, Highland Park, and University Park, According to TXU, the key reasons for the North Texas Metroplex Distribution System filing are as follows: 1, Plant investment has increased $100,6 million or 24,0% since December 1999, 2, Direct operation and maintenance expenses increased 5,6% primarily due to line locations and customer growth, 3. Current return on investment is 5.22%; proposed return on investment is 9.47%, 4, Customer growth is 6,1 % since December 1999, CURRENT AND PROPOSED RATES The current and proposed gas rates for residential and commercial customers are: 1 The City of Colleyville has original jurisdiction over the rates and services within the municipal limits, This does not include jurisdiction over the cost of natural gas, TXU is entitled to recover its reasonable actual cost of natural gas plus profit as determined exclusively by the Texas Railroad Commission, The City's jurisdiction over distribution costs commences when the gas is delivered to the city gate. The rates set by the City may be appealed to the Railroad Commission if TXU is dissatisfied with the City's consideration of its requested increase in rates. MEMO-First Look at Filing R "d f I C t R "d f I 3/1/02 Rate Filing P d eSI en la urren eSI en la ropose Customer Charge $7,00 Customer Charge $9.40 All consumption $0.8335 First 3 Mcf $1.15 Next 12 Mcf $1,0822 Over 15 Mcf $0,9990 Commercial Commercial Customer Charge $12,00 Customer Charge $14,75 First 20 Met $1,1371 First 30 Met $1 , 1300 Next 30 Mcf $0,8371 Next 320 Mcf $1,0110 Over 50 Met $0,6871 Over 350 Mcf $0,9302 LAST RATE CASE The last rate case for the City of Colleyville was filed February 16, 2001, and the effective date of the new rates was August 21, 2001, The case consolidated rates in all 40 affected cities that are included in the Northwest Metro/Mid-Cities Distribution System, Again, the current filing consolidates the rates for 107 cities in the North Texas Metroplex Distribution System, During the last filing, the City passed a resolution suspending the effective date for 90 days and authorized participation with other cities in a review of the reasonableness of the Company's request. The Coalition of Cities reviewing the request utilized legal counsel assistance from Geoffrey Gay of Lloyd, Gosselink, Blevins of Austin, Texas and rate consultants Bill McMorries, Connie Cannady, and Stephen Hill, Following the issuance of a consultants' report, a series of settlement discussions were pursued with policy and strategic determinations made by City representatives, The cities and TXU reached a settlement in rates, The settlement can be seen below, Residential Customer Char e All consumption 2/16/01 Rate Filing Pro osed $8,00 $0.9903 Settled/C u rrent $7,00 $0,8335 Commercial Customer Charge $14,00 $12,00 First 20 Mcf $1,3694 $1,1371 Next 30 Mcf $1,0694 $0,8371 Over 50 Met $0.9194 $0,6871 MEMO-First Look at Filing 2 RECOMMENDATION The City should take action similar to the process of the last rate filing, The action will include suspending the rates for 90 days from the effective date, joining a steering committee of affected cities, authorizing the cities to retain legal counsel and rate consultants, and negotiating the final rates, If the cities and TXU do not reach consensus by negotiation, the case will be brought before the Railroad Commission, The City of Arlington will hold a meeting with the cities on Monday, March 8 to receive a preliminary review of the filing and discuss a rate case strategy, Staff plans to place the suspension resolution on the March 19 City Council agenda for approval. If you have any questions, please let me know, MEMO-First Look at Filing 3 RESOLUTION R-02-1927 AUTHORIZING A STEERING COMMITTEE OF AFFECTED CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY WHEREAS, TXU Gas Distribution Company, (hereinafter called "TXU Gas"), on March 1, 2002, filed a Statement of Intent to Change Rates with individual cities for an increase in rates; and WHEREAS, the City of Colleyville, Texas, (hereinafter called "City") is a regulatory authority having a statutory duty to participate in such proceedings and whose citizens will be substantially affected by the rates established as a result of such proceedings; and WHEREAS, the City is entitled to be reimbursed for its reasonable expenses, pursuant to the Texas Gas Utilities Regulatory Act; and WHEREAS, a steering committee of distribution system cities has been formed to facilitate and coordinate the participation of cities in the service area of TXU Gas in these rate proceedings; and WHEREAS, after having considered information from TXU Gas, it is the opinion of the City Council that the proposed Schedule of Rates should be suspended for a period of ninety (90) days from the effective date stated in TXU Gas' Statement of Intent or other documentation, as initially filed or hereafter revised, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Texas Railroad Commission, all as directed by the steering committee of affected cities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: See, 1, THAT the City Council of the City of Colleyville, Texas, authorizes the City Manager to appoint a representative, to represent the City on the Steering Committee of affected cities (hereinafter called "Steering Committee") and authorizes the Steering Committee of which the City is a participating member, to retain legal counsel and engage rate case consultants, and to intervene on behalf of the City in related dockets and appeals, See, 2. See, 3, See, 4, Resolution R-02-1927 Page 2 of 3 THAT in order to allow the City sufficient time to analyze and prepare for the hearing and decision on any requested rates, the City Council hereby suspends the operation of the proposed tariffs and Schedule of Rates, which would otherwise go into effect for a period of ninety (90) days from the effective date stated in the TXU Gas Statement of Intent, or other documentation, as initially filed or hereafter revised, i.e" suspension until midnight, July 3, 2002, and for such additional period of time as may be necessary and authorized by law, During such period of suspension, the rates in force shall be those rates in effect when the suspended schedule was first filed and shall continue in force until finally approved, modified or denied by the City Council. THAT the City should join with other participating cities to review such filing and cause to be prepared a report and recommend a rate ordinance for the consideration of all participating cities and to intervene before the Texas Railroad Commission, subject to the right to terminate such participation at any time by written notice and to act independently in the exercise of local regulatory authority, THAT the City Secretary shall cause copies of this resolution to be sent to the TXU Gas representative: Autry Warren Rate Manager, TXU Gas Distribution 1601 Bryan Street Dallas, Texas 75201-3402 and to: Jay B, Doegey City Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwarding to the Steering Committee, AS IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS, AND 2002, ATTEST: Cynthia Singleton, TRMC City Secretary Resolution R-02-1927 Page 3 of 3 ABSTENTIONS ON CITY OF COLLEYVILLE: Donna Arp Mayor ~@m,~ CITY COUNCIL T.,"$ AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item#: 9 Resolution # : R-02-1929 Previous Action: None DEPT. : City Manager's Office SUBJECT: Approval of the Annual Work Plan ReadinQ and Public HearinQ Attached is the Annual Work Plan discussed during the interview process for my appointment as City Manager, I find the use of this document invaluable in keeping staff and projects on target with your expectations for the given year, This approach to managing your objectives may be new for some of you, but I feel that you will find it useful. We have drawn heavily from your July 2001 planning retreat to identify items to include, These related items are noted by italics and are underlined, Financial Impact None Recommendation Approval Attachments · Resolution R-02-1929 ~~ CITY MANAGER DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) RESOLUTION R-02-1929 A RESOLUTION APPROVING THE ANNUAL WORK PLAN WHEREAS, the City Manager has identified various work initiatives to be initiated during the 2001-2002 fiscal year; and WHEREAS, the City Council has reviewed these work initiatives and supports the implementation of the items contained in the Annual Work Plan, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: See, 1, THAT the Annual Work Plan, attached as Exhibit "A", is hereby approved, AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS,AND 2002, ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Exhibit "A" Annual Work Plan GOAL 1 Customer service will focus on quality with a commitment to continuous improvement, innovation and productivity. · Initiate a study for the implementation of a citywide Customer Inauiry Trackina System. ACTIVITY: Initiate 3rd Quarter · Partner with the Collevville Area Chamber of Commerce in a public involvement proaram for State Hiahway 26 construction, ACTIVITY: All Quarters · Appoint a citizen based Ethics Committee to develop an Ethics Policy for City Council consideration, ACITIVITY: Initiate 1st Quarter GOAL 2 Develop and enhance cooperation with: · Area Independent School Districts (GCISD, KISD and HEB ISO) . Area cities . Colleyville Chamber of Commerce . Tarrant County · Texas Department of Transportation (TxDOT) · Continue cooperative efforts with the Grapevine Colleyville Independent School District in areas identified as mutually beneficial, cost effective and enhancing. ACTIVITY: All Quarters · Participate with the Colleyville Area Chamber in hosting regular "brown-bag" luncheons with business and various City departments, ACTIVITY: All Quarters . Coordinate with hOD T in the desiGn and construction of State HiGhway 26 with identification to keepinG the proiect within the specified time-line and construction fundina. ACTIVITY: All Quarters GOAL 3 Secure Colleyville as an Employer of Choice. · Implement a citywide Employee Safety Program, with emphasis on field employees, ACTIVITY: 2nd - 4th Quarter . Promote city employee ethics program through training programs, ACTIVITY: 3rd _ 4th Quarter . Develop a customer service-trainina proaram with attention on customer service, ACTIVITY: 3rd _ 4th Quarter GOAL 4 Improve Colleyville's aesthetic value. . Participate with Colleyville Proud in the annual citywide clean up program, ACTIVITY: 3rd _ 4th Quarter . Initiate a study reaardina the feasibility of removina overhead utility lines and placina underaround alona State HiGhway 26 with special emphasis on costs and financina options, ACTIVITY: 3rd _ 4th Quarter GOALS Develop and target long-range planning. . Develop a feasibility study for the evaluation of pursuina the development of a Railtran and Park and Ride services in Colle vville , ACTIVITY: 2nd - 4th Quarter . Evaluate options for the use of the current City Hall and Police Station throuah a community needs assessment and evaluation. ACTIVITY: Initiate 4th Quarter . Finalize the State Highway 26 Overlay Study and identify modifications to the Land Use Development Code, ACTIVITY: 2nd Quarter . Initiate a study to update the Water Master Plan Study, ACTIVITY: 2nd - 4th Quarter . Develop and approve a Fund Balance Policy and a Budget Policy, ACTIVITY: 2nd - 3rd Quarter GOAL 6 Partnerships with citizens, neighborhoods, and other community groups will be strengthened. . Facilitate public forum information available through the City's website, ACTIVITY: All Quarters . Facilitate the Mayor's quarterly meetings with neighborhood association presidents and/or their representatives, ACTIVITY: All Quarters . Provide assistance and support to the neighborhood associations. ACTIVITY: All Quarters . Meet with the Grapevine-Colleyville Independent School District on a quarterly basis to explore areas of mutual benefit for the citizens of Colleyville, ACTIVITY: All Quarters GOAL 7 Enhance city services through fiscal management and economic development. . Provide management oversight for the FY2002 budget implementation. ACTIVITY: All Quarters . Develop a study reviewing the Developer Impact Fee Ordinance for compliance with new state legislation, ACTIVITY: 2nd - 3rd Quarter · Initiate quarterly meetings with the real estate community to facilitate communication and a forum for the exchange of ideas, ACTIVITY: 3rd _ 4th Quarter · Review and adopt the Plumbing Code, Building Code and Electrical Code and other applicable city codes, ACTIVITY: 2nd - 3rd Quarter . Continue to work with Tax Increment Financing (TIF) District partners to implement plan, ACTIVITY: All Quarters . Partner with the city co-sponsored youth sports associations in supporting the location of regional, state, and national tournaments at City facilities, ACTIVITY: All Quarters . Improve the collection of ad valorem taxes by: Collecting 99% of the current year taxes ACTIVITY: All Quarters GOALS Improve the cultural-leisure-recreational activities available to the citizens of Colleyville. . Comolete the construction of Kimzev Park renovations, ACTIVITY: 151 Quarter . Review the Park and Ooen Soace Master Plan related to oublic and orivate ooen soace to meet the oarks needs of the communitv, ACTIVITY: 2nd - 3rd Quarter . Comolete construction of the Cottonbelt Hike and Bike Trail. Phase I. ACTIVITY: 3rd _ 4th Quarter . Complete desiGn of the Cottonbelt Hike and Bike Trail. Phase /I, ACTIVITY: 3rd _ 4th Quarter . Review the McPherson Park Master Plan for possible modifications to meet the recreational and athletic needs of the community, ACTIVITY: 2nd - 3rd Quarter . Perform a land use study to identify potential open areas available for orGanized and recreational parks usaGe. 2nd - 3rd Quarter ACTIVITY: . Continue to work with GCISD to identify and expand the use of practice and p/av areas to meet the facilitv needs of the City's co-sponsored youth sports associations. ACTIVITY: All Quarters . Work with the Collevville Historical preservation Committee for the desiGn and rehabilitation of the Webb House. ACTIVITY: 3rd _ 4th Quarter GOAL 9 Provide a focus on the construction of city facilities and infrastructure. . Provide manaGement oversiGht for the desiGn and construction of the Collevville City Hall, Collevville Public Library. and Collevville Justice Center, ACTIVITY: All Quarters . Develop a Website information program to provide monthly updates for the construction activity for city facilities and projects, ACTIVITY: All Quarters . Finalize the Street Intersection Studies and identify fundinG options for approved proiects and initiate desiGn and construction for priority proiects, ACTIVITY: 2nd - 4th Quarter . Obtain TxDOT enaineerina de sian approval and secure fundina for John McCain Road realianment. ACTIVITY: 2nd - 4th Quarter . Evaluate and develop an implementation program for identified drainage related projects, ACTIVITY: 2nd - 4th Quarter . Finalize the Railroad Crossing study and identify funding options for approved projects, ACTIVITY: 2nd - 4th Quarter City Of (Qe~ CITY COUNCIL Tw$ AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item #: 10 Resolution # : R-02-1930 Previous Action: None DEPT. : City Manager's Office SUBJECT: Approval of the Policy for Economic Development Incentives Readinq and Public Hearinq Attached is proposed Resolution R-02-1930 providing for an Economic Development Incentive policy, This policy will provide for the City of Colleyville to potentially consider a number of incentive offerings for prospective retail and commercial development. If adopted, then individual incentives would be offered on a case-by-case basis, An incentive agreement would be based on performance, Financial Impact None Recommendation Approval Attachments · Resolution R-02-1930 ~2- CITY MANAGER DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) RESOLUTION R-02-1930 A RESOLUTION OF THE CITY OF COLLEYVILLE ADOPTING A POLICY FOR ECONOMIC DEVELOPMENT INCENTIVES WHEREAS, Texas State law provides for a home-rule municipality to offer various economic development incentives; and WHEREAS, the economic viability of the City of Colleyville depends upon the City's ability to attract new investment through the location of new business as well as the expansion-retention of existing business; and WHEREAS, the City of Colleyville must enhance its competitiveness with other localities in both the retention, expansion, and attraction of business, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec, 1, General Purpose and Objectives THAT the City of Colleyville is committed to the promotion and retention of high quality development in all parts of the City and to an ongoing improvement in the quality of life for its citizens, Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Colleyville will, on a case-by-case basis, give consideration to providing economic development incentives as stimulation for economic development in Colleyville, It is the policy of the City of Colleyville that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City of Colleyville is under any obligation to provide economic development incentives to any applicant. All applicants shall be considered on a case-by-case basis, Sec. 2, Criteria THAT any request for economic development incentives shall be reviewed by the City Council. Their decision shall be based upon an evaluation of the following criteria, which each applicant will be requested to address in narrative format. Employment Impact · How many jobs will be brought to Colleyville? · What types of jobs will be created? · What will the total annual payroll be? Sec, 3, Resolution R-02-1930 Page 2 of 6 Fiscal Impact · How much real and personal property value will be added to the tax rolls? · How much direct sales tax will be generated? · How much of other revenues will be generated for the city for such items as franchise payments, occupancy taxes, utility revenues, etc,? · How will this project affect existing businesses and/or office facilities? · What City infrastructure construction would be required? What is the total annual operating budget of this facility projected to be? Community Impact · What effect would the project have on the local housing market? · What environmental impact, if any, will be created by the project? · How compatible is the project with the City's comprehensive plan? Types of Incentives THAT it is the policy of the City of Colleyville to customize the provisions of economic development incentives on a case-by-case basis, This individualized design of a total incentive package is intended to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the City of Colleyville to better respond to the changing needs of the community. Consideration will be given to providing any type of economic development incentives not prohibited by state or federal law including, but not limited to: tax abatements, in-lieu-of free port exemptions, sales tax grants and other grants in general, as well as participation in infrastructure and waiver of fees, These economic development incentives are in addition to an ongoing tax increment financing program offered by the various taxing entities, which is not a part of this incentive program, The provision of incentives will be subject to the procedural and other requirements outlined in this document as well as those mandated by state or federal law, and by other actions of the City of Colleyville, Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any obligation to provide any incentive to any applicant. All applicants shall be considered on a case-by-case basis, See, 4. Resolution R-02-1930 Page 3 of 6 Value of Incentives THAT following an assessment of the response provided to the criteria contained in Section ", the City Council shall determine whether it is in the best interests of the City of Colleyville that economic development incentives be offered to the applicant. Additional consideration, beyond the criteria, will include such items as the degree to which the project/applicant furthers the goals and objectives of the community or meets or compliments a special need identified by the City Council. Tax Abatements: A Tax Abatement may be offered in two categories: A. Real Property; or B, Business and Personal Property Real property abatements may be offered to applicants, which will pursue the construction of new or expanded facilities in which to house the applicable project. The abatement may apply to the value of improvements made, Business Personal property abatements may be offered to applicants, which will pursue the purchase or long-term lease of existing facilities, The abatement will apply to the value of new personal property brought into the taxing jurisdiction, Once a determination has been made that a tax abatement should be offered, the value and term of the abatement will be determined according to the following schedule: Value of Abatable PropertyYears of Abatement % of Abatement $ 1,000,000 to $ 1,999,999 $ 2,000,000 to $ 2,999,999 $ 3,000,000 to $ 3,999,999 $ 4,000,000 to $ 4,999,999 $ 5,000,000 to $ 5,999,999 $ 6,000,000 to $ 6,999,999 $ 7,000,000 to $ 7,999,999 $ 8,000,000 to $ 8,999,999 $ 9,000,000 to $ 9,999,999 $10,000,000 to $10,999,999 1 2 3 4 5 6 7 8 9 10 up to 75% up to 75% up to 75% up to 75% up to 75% up to 75% up to 75% up to 75% up to 75% up to 75% Sec, 5, Resolution R-02-1930 Page 4 of 6 Grants in Qeneral The City of Colleyville may agree to extend a grant based on the amount of revenues to be generated by the economic development project to the City of Colleyville for such categories as sales tax, occupancy taxes, utility fees, or similarly related revenues, Infrastructure Participation and Waiver of Fees The City of Colleyville may agree to a partial or complete cost participation for the extension, construction, or reconstruction of infrastructure necessary for the development of an economic development applicant's project. In addition, the City Council may approve the waiver of fees for, but not limited to, permit applicants, utility taps and similar fees, Procedural Guidelines THAT any person, organization or corporation desiring that the City of Colleyville consider providing economic development incentives to encourage location or expansion of operations within the city limits of Colleyville shall be required to comply with the following procedural guidelines, Nothing within these guidelines shall imply or suggest that Colleyville is under any obligation to provide economic development incentives in any amount or value to any applicant. Preliminary Application Steps A. Applicant shall complete an "Application for Economic Development Incentive" as provided by the City, B, Applicant shall address all criteria questions outlined in Section 2 above in a letter format. C, Applicant shall prepare a plat showing the precise location of the property, all roadways within 200 feet of the site, and all existing land uses and zoning within 200 feet of the site, If the property is described by metes and bounds, a complete legal description shall be provided, Applicant shall complete all forms and information detailed in items A through C above and submit them to the City Manager, City of Colleyville, 5400 Bransford Road, Colleyville, Texas 76034. See, 6, Resolution R-02-1930 Page 5 of 6 Application Review Steps: A. All information in the application package detailed above will be reviewed for completeness and accuracy, Additional information may be requested as needed, B. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. C, Copies of the complete application package and staff comments will be provided to the City Council. Consideration of the Application A. The City Council will consider the application at a regular or called meeting(s), Additional information may be requested as needed, The City Council of Colleyville may consider a resolution calling a public hearing to consider establishment of a tax reinvestment or redevelopment zone or other zone designation as deemed appropriate, The City Council of Colleyville may hold the public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included in the zone and to the municipality," The City Council of Colleyville may consider adoption of an ordinance or resolution, as deemed appropriate, designating the area described in the legal description of the proposed project. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the economic development incentives, Purpose of Policy THAT the policy herein adopted is intended as a guide for use in developing economic development incentive programs under the provisions of state law, Notwithstanding the policy herein established, the City Council of the City of Colleyville retains the right to act within the provisions of such act without the necessity of amending the general policy and/or purpose herein adopted, Resolution R-02-1930 Page 6 of 6 See, 7, Effective Date THAT this resolution shall become effective upon its passage, AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, DAY OF NAYS, AND 2002, ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPLICATION FOR ECONOMIC DEVELOPMENT INCENTIVES Property Owner Mailing Address Telephone Number Property Owner's Representative Mailing Address Property Address Property Legal Description (Provide attachment if by metes and bounds) Located Within: Grapevine-Colleyville ISO Carroll ISO Keller ISO HEB ISO Description of Project: Date projected for occupation of project/initiation of operations: Is the narrative response to criteria questions in Section II attached? ccece CITY COUNCIL Tw$ AGENDA BRIEFING For mtg. : 03/19/02 CMO Approval: Item # : 11 Report : DEPT. : FINANCE SUBJECT: Monthly Financial Report - February 2002 Previous Action: None General Fund The percentage of current year taxes collected is down slightly over the prior year, Sales tax revenue received in February was down ($1,243/-.6%) over the amount received in February 2001, Residential permits are up by three over February 2002 and are down year-to-date by twenty-six, Municipal Court revenues are down significantly due to fewer citations issued from September through February, The average amount expended by the departments at the end of February is 37,7%, Utilitv Fund Water usage and sewer sales and usage are lower than the previous year due to the combination of increased rainfall and lower temperatures in Fall 2001. Revenue from sewer tie-ons is up due to the completion of the Phase C sewer projects, The average amount expended by the Utility Fund at the end of February is 37.4%, CITY~ER \~~A~L DEPART . D FINANCIAL REVIEW (IF NECESSARY) MONTHLY FINANCIAL REPORT - FEBRAURY 2002 Current Taxes Delinquent Taxes Penalty & Interest $5,598,928 34,000 33,000 $5,435,877 28,355 11 ,627 $5,318,982 14,167 6,600 $5,076,436 20,803 7,712 ........................................................................................ ...................................... ..... .................................. .... ........................... ........................ ...... ..... TQm!WmMtwQR~f:Mg$Hi).)...i:i~;OO~~~g~... .:........ ..:.$.$;11$;~.~~. ..:..... :..i~;~~~;l~.)i'~;j9~;~~t 7.08% 36,30% 50,77% TXU Electric $680,000 $878,972 $680,000 $732,015 20,08% Tri-County Electric 32,000 44,288 32,000 36,498 21.34% TXU Gas 165,000 0 0 0 0,00% Southwestern Bell 152,635 37,257 38,159 74,709 -50,13% Verizon/Others 47,038 18,914 23,519 10,362 82,53% Refuse/Recycling 92,000 32,727 33,583 33,629 -2.68% Cable TV 142,000 79,910 71,000 66,831 19,57% ...............-.............................................-.-.............................-.......'.....-.....'.............'...........-...........-.....'.....'...-...'.....'...... ...............................'.... ................................, ....... ............................. ....... .................................. Wql\~gFBANG8j~g.T~~~::~1@1Pi~l~.~.';g~;~~..::.ll~i~~1.~:.:....~~!i9i-.. Sales Tax Mixed Beverage Tax $1,742,500 28,000 $609,056 13,376 $635,485 14,000 $619,985 13,181 -1.76% 1.48% ...................................., .... .:...j~~~;#:ig ........~~$:;~~ Building Plumbing Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits $630,000 108,000 80,000 37,000 194,000 1,000 1,810 4,000 4,000 1,525 $162,709 38,714 19,897 20,305 58,391 o 1,304 3,128 2,550 750 $262,500 45,000 33,333 15,417 80,833 417 754 1,667 1,667 635 $171,463 40,018 29,364 14,743 7,960 273 1,120 1,715 2,125 126 ................................................................................. ............................................................... ....~.......... ttQ.t:Al;i.~@.$I$N$t.;$.i:B~RMlffi$) ................. ...~1;11;~i.~.........~~~t;t1~. ..U.: .....:.~;~tB. ....:U..:~ij;~ql. Fines False Alarms $565,000 6,250 $173,910 3,800 $235,417 2,604 $225,472 o . .....--.....-..-.....-.....-......- -_...........- ..-......-_......--.. ...................................... .............. ....................... ..................................... ............... ........................ ..:::....~f:~~;gE1~..:::...(...~g~~tf. -5,11 % -3,26% -32.24% 37,73% 633.56% -100.00% 16.43% 82,39% 20.00% 495,24% -22.87% 100.00% -- ....................... ...-........................ :..:~1j'!W:. MONTHLY FINANCIAL REPORT - FEBRAURY 2002 Re-zoning $16,000 $2, 180 $6,667 $5,000 -56.40% Plat Fee/Site Plan 21,000 5,418 8,750 3,258 66,30% Board of Adjustment 1,250 550 521 625 -12,00% Sale of Material 2,000 1,251 833 1,898 -34.09% Weed Mowing 3,000 650 0 0 100,00% Animal Impoundment 3,650 1,128 1,521 2,077 -45,69% Ambulance 67,938 25,303 28,308 26,707 -5,26% Recreation Program 130,450 17,899 5,000 13,089 36,75% Non-Resident Fee Parks 17,500 8,130 8,750 5,640 44,15% Field Use Charge 21,000 9,225 10,500 5,945 55,17% Engineering & Inspection 95,000 151,245 39,583 55,312 173.44% Chgs & Reimbursements 13,000 20,865 5,417 2,865 628,27% Community Center Rental 170,000 67,975 70,833 66,289 2.54% Lot Drainage Insp Fee 28,125 4,750 300 7,500 -36,67% '..........................-............................................. ,......,.............,................... .................................... ............................................ .jjjm[e.WqBM@~$ffiQ@.$$RVlqg:...........................J.....$.~g;~M~'. ............................$.~1~;~~~...........Ui1~~1~~~ ...i...i.$~~~;g9~. DARE Officer Reimb $63,814 $0 $0 $0 .............,.......................,.....-.........,..,...........~. ........................................................ [R;tA~.I~m$R-qQMIR~MgNrAij.<.~~;~~.4. 0.00% Sale of Surplus Property Interest Income Miscellaneous Use of Fund Balance Celebrate Colleyville Contributions Murray Const Lawsuit Settlement Tower Rental $10,000 255,000 15,500 150,000 22,500 o 68,400 $0 46,282 22,454 o 11,715 o 27,659 $0 o 6,458 o 22,500 o 7,000 $8,870 40,548 11,298 o 21,440 150,000 19,181 ....................................................... ... .............. ..... ................. jjjm[e.WMl$Q~@AN.$QQ$ )....)....$qfH~m~t .................................... ................................~$;~~~. Transfer from Utility Fd $443,619 $0 $0 $0 -100.00% 14,14% 98.74% 0,00% -45,36% -100,00% 44,20% ......................... j~;~if~. 0,00% ........................................................................,........ .......................................... ....................................... .................................... ............................................ ..................................... :[R;tA~@gNgRAQRij~QRijyiNQg~. ...............................~~jiWli~. .........................'~;j9gi~$~ .:..............$.?;!7Q;~7~ :.:iiff...~7;~j!;Q~g.........~ajf~ MONTHL Y FINANCIAL REPORT - FEBRAURY 2002 TOTAL PERCENT FY 2002 THROUGH THROUGH INCREASE INCREASE BUDGET 2/28/02 2/28/01 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 99% 94.24% 95.44% -1 ,20% -1,26% RESIDENTIAL BLDG PERMITS 225 34 60 (26) -43.33% COMMERCIAL BLDG PERMITS 5 9 0 9 100,00% PLUMBING PERMITS 964 434 392 42 10.71% ELECTRICAL PERMITS 510 161 180 (19) -10.56% CITATIONS ISSUED 9,600 3,182 3,677 (495) -13.46% CITATIONS APPEALED 132 57 69 (12) -17,39% City Council and Secretary City Manager Finance Legal Economic Development Engineering Building Inspection Community Development Fire Police Parks Recreation Marketing Community Center Streets & Drainage Municipal Court Fleet Maintenance Performance Pay .................................................... .................................................... *prAl.i~ffll;N$R$:)){ $269,823 563,192 479,567 80,000 143,649 646,561 315,041 390,965 2,722,210 2,876,012 1,123,656 309,187 115,092 311,257 1,112,908 149,077 181,007 208,500 ..........,.......--.--.--.--.--.....".".".,.. ...-.-.-.-.-.....-........................................................ ........... ................................................... ................................................................$.. ..1. ...1. ....9.. "9. .1... ..7. "04. ........ ......-.............................. .. .... ~:::):{:}~:::~:~:~:::~:;~::~::~;:~::~::~::~:::::~::~::~::~:::;...i::/:.:\...:..:..::..:k.:::.:::::::.iJ $93,778 210,019 208,508 36,716 54,647 209,871 119,902 152,157 1,154,969 1,217,102 341,222 84,860 60,488 115,193 322,452 60,353 75,874 o .".".".""..". .................................... :.........:......~1;~1~H1~:: $89,533 208,463 206,761 20,000 55,851 242,021 118,816 152,994 1,138,203 1,196,194 371,753 86,217 59,346 113,707 324,796 63,624 74,303 o ..'....;...........'........-.-...-.-.-.-.-.-.-.-.-.-.-.-.-.'.-.-.'... $~~~??~~~?i 34.8% 37,3% 43.5% 45.9% 38,0% 32,5% 38,1% 38,9% 42.4% 42,3% 30.4% 27.4% 52,6% 37,0% 29,0% 40,5% 41,9% 0,0% $176,045 353,173 271,059 43,284 89,002 436,690 195,139 238,808 1,567,241 1,658,910 782,434 224,327 54,604 196,064 790,456 88,724 105,133 208,500 .... .................-..... ...................................... ..................................... ......................$1..... ..4." .7.. 9......59.......3........ ............ .. .. ... ........... ... .. .. .. ............ . . .. ... {:~: ~:: :~: ~:: :~: ~:~ :;. ..::~.:J ::: .::)::.:J ;::-:.:.: :;. :.}:: MONTHLY FINANCIAL REPORT - FEBRAURY 2002 Water Sales $5,493,866 $1,928,554 $1,867,914 $1,818,769 6,04% Sewer Sales 1,706,006 700,322 710,836 849,738 -17,58% Sewer Installation 22,500 5,400 9,375 5,500 -1.82% Water Installation 61,600 12,490 25,667 12,540 -0.40% Sewer Tie-on Charges 20,000 45,373 8,333 28,766 57,73% Engineering Charges 35,000 74,352 14,583 25,647 189,91% Penalties 158,838 55,487 66,183 77,411 -28.32% Miscellaneous 8,250 5,086 3,438 5,619 -9,49% Interest Income TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 2/28/02 2/28/01 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 588,155,500 523,471,500 64,684,000 12,36% NUMBER OF WATER CUSTOMERS 7,548 7,359 189 2.57% Administration $176,943 $44,888 $45,686 25,37% $132,055 Billing 184,333 70,481 74,980 38.24% 113,852 Operations 5,203,262 1,551,031 1,771,100 29,81% 3,652,231 Debt Service 1,254,335 1,070,054 1,070,054 85.31% 184,281 Performance Pay 44,000 0 0 0,00% 44,000 Transfer to General Fund 443,619 0 0 0.00% 443,619 COLLEYVILLE LIBRARY BOARD MINUTES February 6, 2002 I. CALL TO ORDER - The meeting of the Colleyville Library Board was called to order at 7:30 p,m, ROLL CALL - Members present: Chairman Gary Taraba, Vice-Chairman Carol Wollin, Pat Jones, Caren Handleman, Mary Alice Rippe, Richard Roxburgh, and Nancy Eytcheson, Members absent: Mary Ann Nicholson and Susan Barzelay, Ex-Officio Members present: Dr, Larry Darlage, Ex-Officio Members absent: Dr. Kevin Singer, Steve Jacob, Ret Stansberger and Mayor Donna Arp. Council Liaisons present: Mayor Pro Tem Ginny Tigue, Councilman Dana Feldman Staff present: Dianne McWethy, Dixie Cawthorne and Cindy Martin, II. APPROVAL OF THE NOVEMBER 8, 2001, AS CORRECTED, AND DECEMBER 5, 2001 MINUTES - A motion was made by Carol Wollin, seconded by Pat Jones to approve the November 8,2001 and the December 5, 2001 minutes. Motion approved, III. OVERVIEW OF LIBRARY SCHEMATIC DESIGN Dianne McWethy, Deputy City Manager, gave an overview of the library schematic design. A general discussion followed. IV. OVERVIEW OF PROPOSED BOND SALE FOR LIBRARY CAPITAL Dianne McWethy, Deputy City Manager, gave an overview of the proposed bond sale that includes furniture, fixtures, equipment, opening day collection, library technology, book anti-theft protection system, and second floor finish- out. A general discussion followed. A motion was made by Gary Taraba, seconded by Dick Roxburgh to recommend approval of the bond sale to the Colleyville City Council and to prepare a Resolution to be presented to the Council. Motion approved. V. DISCUSSION AND CONSIDERATION OF THE CREATION OF THE COLLEYVILLE PUBLIC LIBRARY FOUNDATION Caren Handleman, Financial Resources Sub-Committee Chair, brought to the Board the recommendation from the Financial Resources Sub-Committee of creating a Colleyville Public Library Foundation in the form of a motion. Gary Taraba seconded the motion, Motion approved. Resolution R-02-01 was presented and accepted by the Board with the friendly amendment to specify 501 3c corporation, VI. OVERVIEW OF CITY HALL AND LIBRARY GROUNDBREAKING Dixie Cawthorne, Marketing Specialist, discussed the Library and City Hall Groundbreaking Ceremony scheduled for March 22, 2002, at 4:00 p,m, at 100 Main Street. VII. REVIEW NEXT MEETING DATE No discussion took place, VIII. ADJOURN: A motion was made by Gary Taraba, seconded by Dick Roxburgh to adjourn the meeting. Motion approved. The meeting of the Colleyville Library Board was adjourned at 8:30 p,m, RESOLUTION R-02-1931 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 19, 2002 WHEREAS, Council has taken action on certain items on the agenda under Business, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: See, 1, THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a, AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS, AND ABSTENTIONS, 2002, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor