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Home My WebLink AboutCity Council-Agenda Packets-01/06/2026 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, JANUARY 6, 2026 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Economic Development Update WS-2 Discussion of election dates WS-3 Discussion of extending the median electrical between Centerpark and Brown Trail WS-4 Discussion of the January 6, 2026, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Baha'I Community - Colleyville PLEDGE OF ALLEGIANCE: City Attorney City Council Agenda January 6, 2026 City of Colleyville Page 2 2.EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-26-5104 3.OATH OF OFFICE 3a Mayor for a Day Grant Falls will take the Oath of Office 4.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation appointing Grant Falls, Mayor for a Day — Mayor Bobby Lindamood and Grant Falls Proclamation naming January 6, 2026, as Thank an Educator Day in Colleyville - Mayor for a Day Grant Falls and Mayor Bobby Lindamood Presentation of the GFOA Certificate of Achievement for Excellence in Financial Reporting — Mayor Lindamood, Finance Director Cassie Smith 5.CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-26-5105 5a Approval of the minutes of the regular City Council meeting of December 16, 2025 5b Approval of the North Tarrant Regional SWAT Interlocal Agreement to provide for the inclusion of the Town of Northlake, and authorizing the City Manager to execute the Agreement 5c Approval to purchase a replacement reel mower from Professional Turf Products, L.P., through the Buyboard Purchasing Cooperative in an amount not to exceed $76,804.76, approving the disposal of the unit being replaced, and authorizing the City Manager to execute the purchase proposal 5d Approval of a Construction Services Agreement with Smith Lawn and Tree, LLC., in an amount not to exceed $89,600, for the Texas Tree Trail PHI project, and authorizing the City Manager to execute the Agreement 5e Approval of a Professional Services Agreement with Brittain & Crawford, LLC, in an amount not to exceed $70,000.00, for a survey in association with Water Project 5: Brighton Oaks Water Line Replacement project, and authorizing the City Manager to execute the Agreement 5f Approval of a Purchase and Sale Agreement with Sanford P. Aron, for the purchase of the City-owned 6.2 acres at Colleyville Boulevard and Acuff Lane, and authorizing the City Manager to execute the Agreement City Council Agenda January 6, 2026 City of Colleyville Page 3 6.ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-26-2357 Amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority 7.RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-26-5106 Consideration of a Replat for Lots 1R, 2R, and 5 - 7, Block 1, Northeast Professional Park, located at 1105 Professional Court and 5301 Colleyville Boulevard, Case PC25-022 7b Resolution R-26-5107 Consideration of a Variance to the lot size (area and depth) regulations of the AG Agricultural district on Lot 1, Block 1, of the P.R.J. Acres addition, located at 2208 Glade Road, Case VC25-007 7c Resolution R-26-5108 Consideration of a Variance to the lot size (area and width) and street side yard setback regulations of the RD Two-Family Residential zoning district on Lot 23, Block 4, of the Fox Meadows Addition, located at 3301 Huntington Drive, Case VC25-008 8.CITIZEN COMMENTS 9.REPORTS Colleyville Library Board Minutes - August 11, 2025 10.RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JANUARY 6, 2026 - READING AND PUBLIC HEARING - RESOLUTION R-26-5109 11.ADJOURNMENT City Council Agenda January 6, 2026 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Wednesday, December 31, 2025, by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1130, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-1 Agenda Date 1/6/2026 Type Worksession Department Economic Development Title Economic Development Update Explanation City staff will provide an Economic Development update. Attachments 1. Economic Development Update - January 2026 ColleyvilleEconomic DevelopmentUpdate Worksession January 6, 2026 Strategy: Smart Growth with Style Our economic development strategy is all about attracting, growing, and keeping a high- quality mix of businesses that not only serve our residents and visitors, but also complement the charm and beauty that make Colleyville special. Behind every decision are key principles that guide our approach; balancing smart growth, aesthetic appeal, and community values. Why Colleyville? Colleyville is more than a great place to live. It’s where businesses succeed and communities shine. Whether you're investing, expanding, or just getting started, Colleyville offers a supportive, strategic, and stunning location. 2025 IMPACT$8,709 Brighten Up the Boulevard Christmas Light Grant 2025 $41,000 Colleyville Gives Grant 2025 so far $542,100 since 2018 $253,785 Economic Impact Restaurant Only Gift Cards 2024: $126,700 2025: $127,085 $5,052,140 Economic Impact Gift Cards from 2018 BEST Grant Matching funds to date $156,512 SIGN Grant Matching Funds to date $50,000 SAFER Grant Matching Funds to date $695,400 Economic Impact Since 2018 $6,069,761.00 Analytics93% Occupancy Rate $26.00/Sq Ft Market Median Rent Rate 264K Sq Ft Available Square Footage to lease 3.1M Sq Ft Square Feet Inventory 20K Sq Ft Under Construction Analytics93% Occupancy Rate $26.00/Sq Ft Market Median Rent Rate 264K Sq Ft Available Square Footage to lease 3.1M Sq Ft Square Feet Inventory 20K Sq Ft Under Construction Analytics93% Occupancy Rate $26.00/Sq Ft Market Median Rent Rate 264K Sq Ft Available Square Footage to lease 3.1M Sq Ft Square Feet Inventory 20K Sq Ft Under Construction Analytics93% Occupancy Rate $26.00/Sq Ft Market Median Rent Rate 264K Sq Ft Available Square Footage to lease 3.1M Sq Ft Square Feet Inventory 20K Sq Ft Under Construction Analytics93% Occupancy Rate $26.00/Sq Ft Market Median Rent Rate 264K Sq Ft Available Square Footage to lease 3.1M Sq Ft Square Feet Inventory 20K Sq Ft Under Construction The Village Colleyville Visits YOY Analytics93% Occupancy Rate $26.00/Sq Ft Market Median Rent Rate 264K Sq Ft Available Square Footage to lease 3.1M Sq Ft Square Feet Inventory 20K Sq Ft Under Construction The Village Colleyville 63% Occupancy in early 2025 81% Occupancy in December 2025 Analytics93% Occupancy Rate $26.00/Sq Ft Market Median Rent Rate 264K Sq Ft Available Square Footage to lease 3.1M Sq Ft Square Feet Inventory 20K Sq Ft Under Construction Center Dwell Time Visitors YoY Town Center Colleyville 39 min 193k -6% Glade Points 25 min 100k +7% Walmart 22 min 60k +1% Tara Village 31 min 18k +5% Colleyville Downs 37 min 152k -0.5% The Village 22 min 50k +5% Sales Tax Collections 2020-2025 NEEDS UPDATE Economic Development Website Community Business Directory Colleyville Commercial Bus Tour New Business Navigator Business Information Guide Business Bingo Colleyville Gives $41,000 approved 2025 thus far Brighten Up the Boulevard $8,709 approved 2025 $50,000 allotted for use Receipt Race NOW OPEN!! COMING SOON PROSPECTS 7 Brew Ace Pickleball Club Activate Games Aunti Anne's Barburrito Big Chicken Biscuit Bar Blaze Pizza Blue Bottle Coffee Boot Barn Boutique La Vie en Rose Brew Culture Brinker Intntl Brown Bag Seafood Cava Cavender’s Celis Juice Bar Chopt Chuze Fitness City BBQ Cooper's Hawk Winery and Restaurant CorePower Yoga Corner Bakery Dairy Queen Darden Restaurants Dave's Hot Chicken Earls Restaurants Emmy Squared Pizza Escapology Excel Fitness First Watch Foot Locker Francesca's Fresh Dining FunBox Glowbar Go Bagels Goop Kitchen Half Price Books Harold's Hallmark Hattie B's Hibbett Sporting Goods Honeygrow Inspire Brands IT'SUGAR J. Jill JETSET Pilates Jimmy the Greek Joe &the Juice Just Salad k9 Resort Kura Sushi Landry's Laynes Chicken Lush Marathon Coffee Mendocino Farms Moxie Coffee Paris Baquette Pause Studio PickleRage Ping Pod Pizza Factory Pure Gym Qargo Coffee Tim Horton's Rhythm and Hues Riser Fitness Rowan Soul Spice Slice Small Door Vet Smoothie King State of Play Sugared+Bronzed Summer Moon Coffee SweatHouz Sweetgreen Swig Taco Casa Tatte Bakery and Café The Candy Space The Vitamin Shoppe Toast City Diner Towel Bar Tropical Smoothie Café Ville and Vine Whataburger Wetzel's Pretzels Z-Burger Focus Areas 2025 The Village: Increasing engagement Colleyville Downs Restaurants: Former Bellissimo’s 99 CENT STORE: Indoor amusement concepts, restaurant, grocery store Northern Gateway East: Pickleball Kingdom and QSR (quick service restaurant) Northern Gateway West: Luxury Resort Hotel Southern Gateway: Developer under Contract-Retail/Restaurant and Popular Boutique Grocery Store Black Walnut: Mediterranean Restaurant Zaifiro’s: Fort Worth Restaurant UPDATES! Focus Areas UPDATES Colleyville Downs Restaurants: Drive Thru Potential Pizza chain and Coffee looking at former Daddy’s/Zoe’s Italian restaurant looking at former Blue Crab Former Bellissimo’s: Café and BBQ interest 99 CENT STORE: Thrift Giant Purchase Northern Gateway East: Garages of America with restaurant and retail under contract Northern Gateway West: Upper/Upscale Resort Hotel under contract with developer Southern Gateway: Developer LOI-Retail/Restaurant Black Walnut: Truva is OPEN! Zaifiro’s: National chain interest O’Brien Offices 609 Cheek-Sparger Road Replacing the building that burned down Complete! 3,507 Sq Feet Golden Paws Development 1721 John McCain Road Mobile veterinarian clinic proposed in one of 4 future buildings – 14,330 SQ feet total Remaining buildings to be used for office and office/showroom uses 4,596 Sq Feet Precinct Line Medical 8056 Precinct Line Road Building 1 of 3 future office buildings In early stages of construction- in the framing process 4,696 Sq Feet Building 1 Building 2 Building 3 Kiddie Academy 4321 Colleyville Boulevard Still in early stages of construction-foundation preparation Early 2026 Opening 10,490 Sq Feet Hodges Redevelopment 6521 Colleyville Boulevard Construction/Sales Trailer – Commercial permit issued 12/1/2025 83,322 Sq Feet Sagora Senior Living Cheek-Sparger Road and Wayne Drive 175,025 Sq Feet Site plan approved Plat approved Building Permits expected soon Kaizen Sports Training Facility 6609 Colleyville Boulevard 5,862 Sq Feet Building permits expected soon City Owned Properties Northern Gateway 37 AcresUnder Contract for Upper/Upscale Resort Hotel Tree survey complete Archeological survey complete – not a historical site City Owned Properties Northern Gateway 3.81 Acres Garages of America, Restaurant and Retail City Owned Properties Southern Gateway 5.8856 Acres LOI Retail and Restaurant Economic Development Efforts Business Center Chamber Partnership – The City and the Chamber have partnered on a community Business Center. This facility is home to our Chamber of Commerce and provides support and programming for our local business community. Business Outreach Program – Staff makes personal contact with all business owners to discuss business trends and individual needs. City events also include business engagement opportunities. Economic Development Committee- Internal committee made of leadership roles throughout the organization. They meet to discuss trends, prospects, processes, and creative new ways to conduct business retention and attraction. Economic Development Forum- Monthly update conducted with the Colleyville Chamber of Commerce to inform the business community and residents about econ development happenings and request their prospect preference Questions and Discussion City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-2 Agenda Date 1/6/2026 Type Worksession Department City Secretary Title Discussion of election dates Explanation This item provides for discussion of election dates. Attachments City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-3 Agenda Date 1/6/2026 Type Worksession Department Engineering Title Discussion of extending the median electrical between Centerpark and Brown Trail Explanation This item is for the discussion of extending the median electrical between Centerpark and Brown Trail. In July 2025, Council authorized a contract with Landscape Lighting of Fort Worth, Inc., dba Illuminations by Greenlee for the SH26 Electrical and Lighting Extension Project. The limits of the project consisted of extending median electrical between Glade Road and Centerpark Drive and a portion of the median between Hall-Johnson Road and Church Street. The contractor has completed this initial project. There is a cost savings on this project of $132,995.00. Staff has obtained a quote from Illuminations by Greenlee to extend the median electrical from Centerpark Drive to Brown Trail for a total cost of $147,118.00. If the desire is to extend the project to Brown Trail, staff will present a contract change order to Council for authorization at a future meeting. Attachments City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-4 Agenda Date 1/6/2026 Type Worksession Department City Secretary Title Discussion of the January 6, 2026, City Council regular agenda items City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 1 Agenda Date 1/6/2026 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Attachments RESOLUTION R-26-5104 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 6, 2026 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 6TH DAY OF JANUARY 2026. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven Bobby Lindamood City Secretary, TRMC Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4 Agenda Date 1/6/2026 Type Announcements, Proclamations, and Presentations Department City Secretary Title Proclamation appointing Grant Falls, Mayor for a Day — Mayor Bobby Lindamood and Grant Falls Proclamation naming January 6, 2026, as Thank an Educator Day in Colleyville - Mayor for a Day Grant Falls and Mayor Bobby Lindamood Presentation of the GFOA Certificate of Achievement for Excellence in Financial Reporting — Mayor Lindamood, Finance Director Cassie Smith Attachments RESOLUTION R-26-5105 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 6, 2026 WHEREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of December 16, 2025 b. Approval of the North Tarrant Regional SWAT Interlocal Agreement to provide for the inclusion of the Town of Northlake, and authorizing the City Manager to execute the Agreement c. Approval to purchase a replacement reel mower from Professional Turf Products, L.P., through the Buyboard Purchasing Cooperative in an amount not to exceed $76,804.76, approving the disposal of the unit being replaced, and authorizing the City Manager to execute the purchase proposal d. Approval of a Construction Services Agreement with Smith Lawn and Tree, LLC., in an amount not to exceed $89,600, for the Texas Tree Trail PHI project, and authorizing the City Manager to execute the Agreement e. Approval of a Professional Services Agreement with Brittain & Crawford, LLC, in an amount not to exceed $70,000.00, for a survey in association with Water Project 5: Brighton Oaks Water Line Replacement project, and authorizing the City Manager to execute the Agreement f. Approval of a Purchase and Sale Agreement with Sanford P. Aron, for the purchase of the City-owned 6.2 acres at Colleyville Boulevard and Acuff Lane, and authorizing the City Manager to execute the Agreement AND IT IS SO RESOLVED. Resolution R-26-5105 Page 2 of 2 APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 6TH DAY OF JANUARY 2026. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye Kimberly Holt Gunderson, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven Bobby Lindamood City Secretary, TRMC Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL MINUTES 100 Main Street, Colleyville, Texas, 76034 TUESDAY, DECEMBER 16, 2025 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, December 16, 2025, at 5:33 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Finance Director Cassie Smith, Public Works and Parks and Recreation Director Lisa Escobedo, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Presentation of 2025 Citizen Survey Results Assistant City Manager Adrienne Lothery provided a complete review of the 2025 Citizen Survey. She stated approximately 12% of all households completed a survey which is just under the 5% response rate and is typical of this type of survey. She noted when comparing categories with historical data, the citizen satisfaction level is at or above previous ratings. There was general conversation regarding some of the averages, but Mayor and Council agreed they are happy to see the citizens engaged and satisfied with their community. WS-2 Economic Development Update This item was moved to the January 6, 2026, meeting. WS-3 Discussion of the December 16, 2025, City Council regular agenda items There was no discussion of this item. Mayor Lindamood adjourned the Worksession at 6:07 p.m. and called the Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the City Council Minutes December 16, 2025 City of Colleyville Page 2 governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Lindamood adjourned Executive Session at 6:50 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:00 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian Church PLEDGE OF ALLEGIANCE: City Attorney 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-25-5101 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. Proclamation in recognition of December as Season of Small Business - Mayor Bobby Lindamood and Chelsea Rose, Colleyville Community Engagement and Economic Development Mayor Lindamood read a proclamation recognizing December as the Season of Small Business and Assistant City Manager Mark Wood discussed some of the successes and needs of the Colleyville business community. City Council Minutes December 16, 2025 City of Colleyville Page 3 Announcement of the 2025 Community Decorated Christmas Trees winners Mayor Lindamood announced the participants and winners of the 2025 Community Decorated Christmas Trees and presented plaques to the following: • Colleyville Woman’s Club – 1st place • Baylor Scott and White – 2nd place • Colleyville Vision Associates – 3rd place • VIP Mortgage - Mayor’s Choice • Colleyville Rotary Club – Community Spirit 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-25-5102 4a Approval of the minutes of the regular City Council meeting of December 2, 2025 4b Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program Mayor Lindamood read Resolution R-25-5102 in its entirety. Municipal Court Administrator Nicole Porell introduced Municipal Court Clerk Justin Whiteside and briefed the City Council on the significance of the Metroport Teen Court Program. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Alphonso made a motion to approve Resolution R-25-5102, seconded by Councilmember Holt Gunderson. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - November 2025 Finance Director Cassie Smith noted this is the second month of FY26, noted sales tax is up year to year, and reviewed all funds. City Council Minutes December 16, 2025 City of Colleyville Page 4 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-25-2356 Consideration of a Special Use Permit for an Accessory Building for Lot 3, Block 1, Beldon Hollow, located at 4905 Beldon Trail, Case ZC25-029 Mayor Lindamood read the caption of Ordinance O-25-2356. Community Development Director Ben Bryner presented the request to allow an accessory building which exceeds the combined square footage of all accessory buildings on a lot. He stated per the City Council’s request, the applicant has reduced the width of the building, reducing the maximum accessory building size to 5.8% from the 7.4% previously requested. Mayor Lindamood and the Council thanked the applicant for working with the City Council on this request. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-25-2356, seconded by Councilmember Raine. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 7. CITIZEN COMMENTS Councilmember Graves thanked the Public Works team for their work on the Glade Road main break and noted the new VAC truck was in use. 8. REPORTS Colleyville Center Advisory Committee Minutes — August 17, 2025 Planning and Zoning Commission Minutes — November 10, 2025 Planning and Zoning Commission Worksession Minutes — November 24, 2025 There was no discussion of this item. City Council Minutes December 16, 2025 City of Colleyville Page 5 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 16, 2025 - READING AND PUBLIC HEARING - RESOLUTION R-25-5103 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 7:45 p.m. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5b Agenda Date 1/6/2026 Number Resolution R-26-5105 Type Resolution Department Police Title Approval of the North Tarrant Regional SWAT Interlocal Agreement to provide for the inclusion of the Town of Northlake, and authorizing the City Manager to execute the Agreement Explanation Reading and Public Hearing The North Tarrant Regional SWAT team (NTR SWAT) was established in 2010, and comprises the cities of Colleyville, Keller, Roanoke, Southlake, and Trophy Club. The NTR SWAT Team is responsible for responding to and assessing and resolving critical incidents, including but not limited to, hostage situations, barricaded subjects, high-risk warrant service, terrorist events, providing high-threat dignitary protection, and other missions as determined and directed by the Chiefs of the member cities. NTR SWAT covers a population of approximately 127,000, and the 36 members are commanders, team and assistant team leaders, operators, negotiators, medics, and team doctors. Each member city is responsible for contributing to the personnel and equipment costs of the NRT SWAT Team. In 2025, the Town of Northlake requested to enter into the Interlocal Agreement and join the NRT SWAT. Approval of the North Tarrant Regional SWAT Interlocal Agreement will provide for the Town of Northlake entering into the agreement, becoming the sixth member city. Financial Impact The City's financial impact will be reduced by 1/6th with the addition of a new member. Recommendation Approve Attachments 1. North Tarrant Regional SWAT Interlocal Agreement-2026 North Tarrant Regional SWAT INTERLOCAL AGREEMENT STATE OF TEXAS DENTON AND TARRANT COUNTIES This Interlocal Agreement (the 'Agreement') is made and entered into by and between the Cities of Keller ('Keller'), Southlake ('Southlake'), Colleyville ('Colleyville'), Roanoke ('Roanoke'), the Town of Trophy Club ('Trophy Club'), and the Town of Northlake ('Northlake'). The aforementioned municipalities are collectively referred to as the 'Cities.' WHEREAS, the Cities mutually agree and have determined that there exists an ongoing need for the creation and operation of a jointly operated and funded Special Weapons and Tactical Unit (the 'North Tarrant Regional SWAT Team') to operate and have jurisdiction in the Cities; and WHEREAS, Chapter 791 of the Texas Government Code (the 'Act') provides the authority for the Cities to enter into this Agreement for the creation, operation, and funding of the North Tarrant Regional SWAT Team; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits contained herein, the Cities agree as follows: 1. INCORPORATION OF RECITALS The recitals stated above are true and correct and are incorporated into this Agreement in their entirety. 2. EFFECTIVE DATE; TERM; CONSIDERATION (a) Effective Date: This Agreement shall become effective upon approval by the governing bodies of all participating Cities, respectively and shall commence upon the date of the last City executes the Agreement. (b) Term: The term shall be for one (1) year and shall automatically renew for successive one (1) year terms unless a City provides written notice of non-renewal to all other Cities at least ninety (90) days prior to expiration of the current term. (c) Consideration: This Agreement is executed by the parties voluntarily and for adequate consideration, the sufficiency of which is acknowledged. 3. GOVERNING BODY AUTHORIZATION AND APPROVAL This Agreement has been duly authorized by the governing bodies of the respective Cities at legally noticed public meetings by Resolution, pursuant to §791.011(d)(1) of the Texas Government Code. 4. GRANTS OF AUTHORITY AND APPROVAL For law enforcement purposes and jurisdiction associated with the Agreement, peace officers of the Cities are granted full peace officer authority throughout the Cities. 5. DESIGNATION (a) Team Member Designation. Each City to the Agreement will adhere to the selection and removal process outlined in the NTR SWAT Manual. The Chief of Police of each City respectively may change the number and designation of peace officers or other personnel by written notice to the Chiefs of Police of the remaining Cities. (b) Team Commander Designation. Police Chiefs of the Cities shall jointly designate one peace officer to serve as the North Tarrant Regional SWAT Team Commander (the Commander). The Commander, who shall report jointly to the Chiefs of Police of the Cities. It is the preference of the Cities that the designation of Commander be reached by unanimous agreement, but if that is not possible, then the choice may be made by a majority vote of the Police Chiefs of the Cities. (c) Team Members not to be removed during critical incidents. Each city agrees that Team Members will not be removed from a critical event for the duration of the event. The Team Commander will designate if an event is a critical event. Examples of critical events include matters for which the Team Members are called out, including but not limited to hostage situations, high risk search and arrest warrants, suicidal subjects, terrorist events, large scale arrest operations, barricaded persons, or any event involving a high-risk situation. (d) Each City member to the Agreement agrees that if the Commander requests that a certain member be removed from the SWAT Team that the City will remove that member from the SWAT Team. The City may ask the reason for the request for the removal of the member. 6. SWAT TEAM SUPERVISION (a) Operations. The day-to-day supervision of the North Tarrant Regional SWAT Team in regard to operation will be the responsibility of the Commander. (b) Administration. Matters involving personnel, expenditure of funds and all other administrative matters shall be made by the individual Police Chiefs of the Cities. Matters involving any future joint use of funds, grant applications or other administrative matters that would involve the Cities joints will be made jointly by the Police Chiefs of the Cities, provided that the Police Chiefs cannot obligate their City in regard to an expenditure of funds beyond that which has been agreed to in the Agreement. 7. SWAT TEAM RESPONSIBILITIES (a) The North Tarrant Regional SWAT Team is responsible for responding to, assessing and resolving, critical incidents, including but not limited to, hostage situations, barricaded subjects, high risk warrant service, terrorist events, providing high threat dignitary protection, and other missions as determined and directed by the Chiefs of the Cities. (b) The North Tarrant Regional SWAT Team will also provide tactical, administrative and training assistance to all members of the police departments and departments of public safety of the Cities and other Law Enforcement Agencies. The North Tarrant Regional SWAT Team will also provide education to the citizenry of the Cities. 8. FUNDING AND EXPENDITURES (a) Funds for expenditures related to salary, benefits, equipment, supplies and operation of the North Tarrant Regional SWAT Team shall be provided by the respective Cities. (b) As required by the Act, the Cities acknowledge and agree that funding under the Agreement will be made from current revenues available to each City. Funds for the participation in, and the obligations of, the Agreement have been made or will be made, in successive years, provided and approved, through the respective annual budgets approved by the City Councils of the Cities. 9. EFFECT OF TERMINATION Upon any termination of the Agreement, each item of equipment purchased for the North Tarrant Regional SWAT Team shall be owned and kept by the purchasing City. If items are jointly purchased or obtained by a grant at some future date, the Cities will establish the procedures regarding where the item is kept and which agency will retain possession at the termination of this Agreement and other matters at the time the funding is sought or the item is purchased. 10. PUBLIC INFORMATION OFFICER (a) Media Relations During Incident. The City and law enforcement agency with primary jurisdiction during any specific operations of the North Tarrant Regional SWAT Team will be responsible for overall media relations for that specific operation, although that agency may request assistance from any other agency in regard to media operations. (b) Public Information Requests. Each city shall be responsible for public information requests that are delivered to that City; however, if a public information request involves an operation of the North Tarrant Regional SWAT Team and is made of more than one city and requires a coordinated response, the City with primary jurisdiction over the event will coordinate the response. The Cities agree that they will comply with the Texas Public Information Act, including any applicable exceptions. The Cities agree that, pursuant to Section 552.117 of the Texas Government Code, the Cities will not release information that they may possess or have access to, regarding the home addresses, telephone numbers or family information about the peace officers of other Cities, to the extent allowed by law. 11. INCORPORATION OF OTHER DOCUMENTS This agreement incorporates the following documents: (a) Exhibit “A” attached hereto and incorporated herein is included in this Agreement as if fully set out in the Agreement. (b) The North Tarrant Regional SWAT Manual (the “Manual”), as it may be amended from time to time in conjunction with consultation with all the Cities Police Chiefs, is hereby incorporated in this Agreement. Each City will be provided a copy of the Manual and any amendments and each City will maintain a current copy of the Manual and any amendments in the administrative offices of their respective Police Departments. No amendments may require increased expenditures or commitments by the City beyond those set forth without the approval of the governing bodies of the Cities. 12. SEVERABILITY If any portion of the Agreement is determined by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall remain in full force and effect. 13. SURVIVAL Notwithstanding any termination of this Agreement, the following Sections and the terms and conditions contained therein, shall remain in effect: Sections 8 “Funding and Expenditures;” 9 “Effect of Termination;” 11” Severability;” 12 “Survival;” 13 “Waiver by Party;” 14 “Entire Agreement; Amendment;” 15 “Venue; State Law;” 19 “Liability; Sovereign Immunity.” 14. ENTIRE AGREEMENT; AMENDMENT The Agreement, including any and all Exhibits mentioned herein, constitutes the entire Agreement between the Cities hereto with respect to the subject matter hereof. Any amendments to the Agreement, other than changes in procedure to the Manual as set out above, must be made in writing, approved by the governing bodies of the Cities, respectively and signed by the City Manager of each City, or the person with authority to sign agreements for that City, prior to such amendment(s) becoming effective. However, this provision does not affect the right of each City to designate, through their City Manager or designee, a different person to receive notice than the person set out below. 15. VENUE: STATE LAW The Agreement is governed by the laws of the State of Texas and venue for any action brought to enforce the terms and conditions of the Agreement shall lie exclusively in Tarrant County, Texas. 16. REMEDIES CUMULATIVE No right or remedy granted or reserved to the Cities is exclusive of any other right or remedy herein by law or equity provided or permitted, but each right or remedy shall be cumulative or every other right or remedy given hereunder. No covenant or condition of the Agreement may be waived without the consent of the Cities. 17. NOTICES Each notice or other communication which may be or is required to be given under the Agreement shall be in writing and shall be deemed to have been properly delivered when delivery is accomplished by one of the following methods: (1) personal delivery to the person designated; (2) delivered by certified mail, return receipt requested; (3) delivered via an overnight, express or other delivery service that provides for written receipt of delivery. The persons designated to receive notices are set out below; however, each City has the right, through their City Manager or designee, at any time, to designate a different person to receive notices by giving the Cities fifteen (15) days written notice of such designation. If the person designated below is not available to receive notices, and the City has not designated another person, delivery to any other person of the same or similar title to the person designated shall be considered effective delivery of notice. 18. THIRD PARTIES No provision of the Agreement shall create any third-party beneficiary. Nothing contained in the Agreement shall be construed to create, expand, or form a basis for liability to any third party under any theory of law. Further, each City retains, and does not hereby waive, its immunities and defenses provided by law. 19. LIABILITY; SOVEREIGN IMMUNITY To the extent any liability is found to exist, each City hereto agrees that every City is responsible for its own liability. Each City retains full authority to settle any claims against it as the City chooses. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. 20. AUTHORITY TO EXECUTE The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 21. REPRESENTATIONS Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 22. MISCELLANEOUS DRAFTING PROVISIONS This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 23. ASSIGNMENT This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. 24. COUNTERPARTS This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. EXECUTION IN WITNESS WHEREOF, the undersigned have executed this North Tarrant Regional SWAT Interlocal Agreement, effective HERE TO ON THE DATE, MONTH AND YEAR SHOWN BELOW: CITY OF KELLER Aaron Rector, City Manager Brad Fortune, Chief of Police Date: ____________________ CITY OF SOUTHLAKE Alison Ortowski, City Manager Ashleigh Casey, Chief of Police Date: ____________________ CITY OF COLLEYVILLE Jerald Ducay, City Manager Michael Miller, Chief of Police Date: ____________________ CITY OF ROANOKE Cody Petree, City Manager Jeff Williams, Chief of Police Date: ____________________ TOWN OF TROPHY CLUB Brandon Wright, Town Manager Patrick Arata, Chief of Police Date: ____________________ TOWN OF NORTHLAKE Drew Corn, Town Manager Robert Crawford, Chief of Police Date: ____________________ EXHIBIT 'A' RESPECTIVE AGENCY EXPENDITURES 1. Salaries, benefits and insurance of assigned personnel 2. Vehicles and operating expenses for assigned personnel 3. Vehicular and portable radio equipment and operating expenses for assigned personnel 4. Liability insurance coverage for assigned personnel 5. Overtime pay and benefits for assigned personnel 6. Non-SWAT Team related training as required by agency 7. SWAT Team related training as determined by the Commander, and Chief(s) of Police 8. Non-SWAT Team related travel required by agency 9. SWAT related travel as determined by the Commander, Chief(s) of Police 10. SWAT Team equipment and supplies as determined by the Commander, Chief(s) of Police City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5c Agenda Date 1/6/2026 Number Resolution R-26-5105 Type Resolution Department Engineering Title Approval to purchase a replacement reel mower from Professional Turf Products, L.P., through the Buyboard Purchasing Cooperative in an amount not to exceed $76,804.76, approving the disposal of the unit being replaced, and authorizing the City Manager to execute the purchase proposal Explanation This item seeks approval to purchase a Toro Reelmaster 3575-D mower for the Parks Department, at a total cost of $76,804.76, and approval for the disposal of the unit being replaced. The unit being replaced is a 2009 John Deere Fairway Mower. The unit has developed electrical issues, several hydraulic system leaks, and has become unreliable, overheating in the summer. The Toro Reelmaster 3575-D mower is equipped with a 24.8 hp tier 4-compliant Kubuta diesel engine, all-wheel drive, with dual precision adjustment cutting units featuring Toro’s Edge Series reels to deliver a consistent, high-quality cut and superior after-cut appearance. The reel mower is utilized to mow City facilities including the athletic fields, and park areas. Financial Impact The funding source for this purchase is the Parks Tomorrow Fund Recommendation Approve Attachments 1. Proposal Ship To Date:12/8/2025 Bill To Tax Rate Contact Destination 6.00% Trade-In x Finance Phone Account Type CORP y Email QMS: ID Qty Model #Description Unit Selling Price toro eq. 1 03821 Reelmaster 3575-D 51,193.61$ 51,193.61$ 5 03639 22 Inch 7-Inch, 8-Blade (Fsr) Forward Swept Reel Edgeseries 4,197.89$ 20,989.45$ 1 03405 7-inch Weight for CUs with No Attachments (Kit of 5) 670.76$ 670.76$ 1 131-6691 Seat Cover Large Grey 54.82$ 54.82$ 1 30669 Universal Sunshade, White 818.14$ 818.14$ 1 44963 MVP Kit 1000 Hour (PX Hydraulic Fluid - September 12, 2018 And Up) 183.72$ 183.72$ machine Reelmaster 3575-D 76,804.76$ endmachine add Subtotal SubTotal 76,804.76$ Destination Destination INCLUDED Tax No Tax (Estimated)-$ Total fin TOTAL 76,804.76$ Comments: bottom (817) 980-5337 Professional Turf Products, L.P. 1010 North Industrial Blvd. Euless, Texas 76039 Professional Turf Products (817) 785-1900 sales@proturf.com City Of Colleyville BUYBOARD (CONTRACT # 706-23) - Credit Cards Not Accepted Chris Haworth Address 29th St, Colleyville, TX 76034 1. Prices & Finance Rates are subject to change at any time. Monthly Payments are Estimates based on Prices & Rates when quoted. chaworth@colleyville.com Comments: Proposal For all New Equipment, Demo units may be available for up to 20% savings. For all New Equipment, Refurbished units may be available for up to 40% savings. Due to unexpected issues with much of our supply chain, we are experiencing longer lead times than we have seen in the past. We are doing everything we can to get products to you as quickly as possible. Terms & Conditions: 2. Due to the volatility of inflation, rising transportation costs, and supply shortages, some orders may incur additional cost increases that are beyond the control of PTP and the vendors we represent. These pricing adjustments may be made from the time the order is entered through equipment delivery. Any adjustments will be communicated to customers with orders in the system with a new sale price as they occur. 3. Order cancellations are subject to fees up to 10% of the original order value. 4. Equipment delivery time is estimated once credit is approved & documents are executed & is contingent on Manufacturer availability. 5. Payments by Credit Card are subject to convenience fee. 6. Used and Demo equipment is in high demand and availability is subject to change. A. Upon firm customer commitment to purchase & credit is approved, said equipment availability will be determined. B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute. C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation. 7. "Trade In Allowances" will be treated as a credit for future parts purchases on PTP account unless other arrangements have been made. Confidential Property of Professional Turf Products Page 1 of 2 D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process. Returns Policy: 1. All returns & Canceled PO's are subject to restocking, refurbishing, usage, and shipping fees. 2. All returns must be able to be sold as new. 3. Items missing parts are non returnable. Payment: 1. Terms are net 10 unless prior arrangements have been made. 2. Quoted prices are subject to credit approval. A. PTP will work with third party financial institutions to secure leases when requested to do so. B. When using third party financiers, documentation fees & advance payments may be required. C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation. 3. There will be a service charge equal to 1.5% per month (18% per annum) on all past due invoices. 4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default. This notice must be sent within 60 days days of the date the original invoice and will happen automatically regardless of any special payment arrangements that may have been made. Authorized Signature: _________________________________________________________________________Date: ___________________________________________ Confidential Property of Professional Turf Products Page 2 of 2 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5d Agenda Date 1/6/2026 Number Resolution R-26-5105 Type Resolution Department Parks and Recreation Title Approval of a Construction Services Agreement with Smith Lawn and Tree, LLC., in an amount not to exceed $89,600, for the Texas Tree Trail PHI project, and authorizing the City Manager to execute the Agreement Explanation Reading and Public Hearing On September 19, 2025, the City Council approved Resolution R-25-5075, adopting the Capital Improvement Program (CIP) Fiscal Year 2023-2030. The CIP includes $125,000 for the park tree installation program. In October 2025, staff presented Council with an overview of the Texas Tree Trail project. This contract authorizes Phase I (PHI) of the project to include the furnishing and installation of 42 larger, more substantial trees in the open space behind the Senior Center. The tree trail should take three to five years to complete the desired plan. Financial Impact The funding sources for this project is the Capital Projects and Voluntary Park funds. Form 1295 - Acknowledged by City Recommendation Approve Attachments 1. Construction Services Agreement 2. Texas Tree Trail PHI Quotes _______________________________________________________________________________ 1 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) CONSTRUCTION SERVICES AGREEMENT TEXAS TREE TRAIL PHI (Project #PKS-2026-001) This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective Date by and between Smith Lawn and Tree, LLC, a Texas Limited Liability Company, hereinafter called "Contractor", and the City of Colleyville, Texas, hereinafter called "City". RECITALS WHEREAS, City desires Contractor to perform certain work and services set forth in Section 1, below; and WHEREAS, Contractor has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in the Contract Documents and Section 1 of this Agreement. NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, City and Contractor agree as follows: Section 1. Scope of Services Upon issuance of a written notice to proceed by City, Contractor agrees to provide to City the necessary services, labor, materials, equipment, and supplies to perform the Texas Tree Trail PHI (the “Project”), such services being more fully described herein and pursuant to the plans and specifications identified in the Contract Documents (defined below). Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until Contractor completes the services required herein to the satisfaction of City and has been paid in full by City, unless sooner terminated in conformance with this Agreement. Section 3. Contract Documents (a) This Agreement is a part of the “Contract Documents”, which include: (1) This Agreement, including all exhibits and addenda hereto; (2) City’s plans, specifications, and all other contract documents for the Project contained in City’s Project #PKS-2026-001 (3) City’s written notice(s) to proceed to the Contractor; (4) Properly authorized change orders; (5) Contractor’s Bid Proposal (“Proposal” and/or “Response”); and (6) Any other materials distributed by the City that relate to the Project. In the event there exists a conflict between any term, provision, and/or interpretation of the Contract Documents, the documents shall take precedent and control in the order listed above in this section (which shall supersede any conflicting provision concerning priority of contract documents contained in the Bid Packet). If discrepancies are found that may impact Contractor’s performance of the services for the Project, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the Project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the Project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the Project. _______________________________________________________________________________ 2 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) Section 4. Contractor Obligations (a) Performance of Services. To the extent reasonably necessary for Contractor to perform the services under this Agreement, Contractor shall be authorized to engage the services of any agents, assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of City. The cost of such personnel and assistance shall be a reimbursable expense to Contractor only if authorized in writing in advance by City. Unless otherwise agreed, Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the Project. (b) Quality Materials. Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all materials, construction, installation and other services furnished by Contractor under this Agreement. Unless otherwise specified in writing by City, all materials shall be new and both workmanship and materials shall be of a good quality. Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in the Contract Documents that, so applied, have well known, technical or trade meaning shall be held to refer to such recognized standards. Contractor shall, without additional compensation, correct or revise any errors or deficiencies in the installation and construction of the Project components to conform as shown in the Project drawings and specifications. (c) Additional Services. All minor details of the work not specifically mentioned in the Contract Documents but obviously necessary for the proper completion of the work, such as the proper connection of new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth in this Agreement. Contractor will not be entitled to any additional compensation therefor unless specifically stated otherwise. Should City require additional services not included under this Agreement, Contractor shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. The terms "extra work" and “additional services” as used in this Agreement shall be understood to mean and include all work that may be required by City to be done by Contractor to accomplish any alteration or addition to the work as shown on the Project plans and drawings. It is agreed that Contractor shall perform all extra work under the direction of the City's representative when presented with a written work/change order signed by the City’s representative, subject, however, to the right of Contractor to require written confirmation of such extra work order by City. No claims for extra services, additional services or changes in the services whatsoever, including any change in pricing or time for performance related to the services will be made by Contractor without first obtaining the City’s written agreement and approval of a work/change order reflecting the same. (d) Independent Contractor. It is understood and agreed by and between the parties that Contractor, while performing under this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Contractor’s acts or omissions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement. (e) Inspection of Records. Contractor grants City and its designees the right to audit, examine, or inspect, at City’s election, all of Contractor's Records relating to the performance of services under this Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination, or inspection of Contractor’s Records may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain Contractor’s Records for _______________________________________________________________________________ 3 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under the contract; then, such retention period shall extend until final resolution of the dispute. "Contractor's Records" shall include any and all information, materials and data of every kind and character generated as a result of the services under this Agreement. City agrees that it will exercise its right to audit, examine or inspect Contractor’s Records only during regular business hours unless City has provided advance written notice of an alternate time. Contractor agrees to allow City and its designees access to all of Contractor's Records, Contractor's facilities and the current or former employees of Contractor, deemed necessary by City or its designee(s), to perform such audit, inspection, or examination. (f) Certification of No Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. (g) No Waiver of City’s Rights. Neither City’s review, approval or acceptance of, nor payment for any of the materials or services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor’s negligent performance of any of the services furnished under this Agreement. (h) Rights-of-Access. City will endeavor to provide such rights of access on any project site as may be reasonably necessary for Contractor to perform any required preliminary site studies, surveys, tests, or other necessary investigations prior to mobilization for the Project. Contractor will take all necessary and reasonable precautions to minimize damage to all personal and real property in the performance of such surveys, tests, studies and investigations. (i) Storm Water Management. When performing or delivering services at or upon any property owned, leased, or managed by the City, or in performance of any services or other acts on behalf of, or at the direction of the City (regardless of location), Contractor shall at all times comply with (i) the City’s Storm Water Management and Discharge Control provisions codified in Chapter 42 of the Colleyville Municipal Code, as amended, (ii) all applicable Minimum Best Management Practice requirements, as defined by the Texas Commission on Environmental Quality, and (iii) any Storm Water Pollution Prevention Plan (SWPPP) applicable to the worksite. Regardless of the applicability of the foregoing regulations, CONTRACTOR SHALL AT ALL TIMES BE RESPONSIBLE FOR IMPLEMENTING SUCH CONTROLS AS MAY BE REASONABLY NECESSARY TO MINIMIZE ANY NEGATIVE IMPACT TO THE STORM WATER COLLECTION SYSTEM OR ENVIRONMENT AND SHALL FOLLOW ALL STATE AND LOCAL ILLICIT DISCHARGE REPORTING PROCEDURES IN THE EVENT OF AN OCCURRENCE OR DISCHARGE. (j) Compliance with Laws. Contractor shall comply with all laws, ordinances, rules, policies, orders, directives, and other regulations governing Contractor’s performance of this Agreement. Section 5. Payment (a) Compensation. City agrees to pay Contractor for all services authorized in writing and properly performed by Contractor in a total amount not to exceed EIGHTY-NINE THOUSAND, SIX HUNDRED DOLLARS ($89,600.00) (“Contract Price”), subject to additions or deletions for change orders and/or extra work agreed upon in writing. (b) Method of Payment. Unless otherwise agreed by the parties in writing, payment to Contractor shall be monthly based on a monthly progress report and detailed monthly itemized statement for services submitted by Contractor that shows the names of the Contractor’s employees, agents, or _______________________________________________________________________________ 4 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) subcontactors performing the services, the time worked, the actual services performed, and the rates charged for such services, in a form acceptable to City. City shall pay such monthly statements within thirty (30) days after receipt of a completed submission and City’s verification of the services performed. (c) Schedule of Values and Application for Payment. City may deduct from any amounts due or to become due to Contractor any sum or sums owing by Contractor to City. In the event of any breach by Contractor of any provision or obligation of this Agreement, or in the event of the assertion by any third- party of a claim or lien against City, or the City’s premises, arising out of Contractor’s performance under this Agreement, City shall have the right to retain out of any payments due or to become due to Contractor an amount sufficient to completely protect the City from any and all loss, damage or expense therefrom, until the breach, claim, or lien has been satisfactorily remedied by Contractor. Additionally, City may, on account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as may be necessary to protect itself from loss on account of: (1) defective work not remedied; (2) claims filed or reasonable evidence indicating possible filing of claims; (3) failure of Contractor to make payments promptly to subcontractors or for material or labor which City may pay as an agent for the Contractor; or (4) damages to another contractor or subcontractor. When the above grounds are removed, or Contractor provides a letter of credit, or similar guaranty satisfactory to City (to be determined in City’s sole discretion) which will protect City in the amount withheld because of said grounds, City will release the amounts withheld. Section 6. Performance Schedule (a) Extensions; Written Request Required. No allowance of any extension of time, for any cause whatever (including an event of Force Majeure), shall be claimed by or granted to Contractor, unless (i) Contractor shall have made written request to City for such extension within forty-eight (48) hours after the cause for such extension occurred, and (ii) City and Contractor have agreed in writing that such additional time shall be granted. As used in this section, the term “Force Majeure” shall mean that Contractor’s performance of the services under this Agreement is prevented or delayed, in whole or in part, to such an extent that Contractor would not be able to complete the services (or any partial component thereof) within the time for performance set forth herein by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, pandemic, or other specific cause reasonably beyond Contractor’s control and not attributable to its malfeasance, neglect or nonfeasance. Should Contractor timely request an extension of time due to an event of force majeure under this section, City and Contractor may agree in writing to suspended Contractor’s performance until such disability to perform (other than a payment obligation) is removed; provided, that Contractor shall use commercially reasonable efforts to remove any such causes and resume performance of the services under this Agreement as soon as reasonably practicable. (b) Costs of Delay. Contractor understands and agrees that time is of the essence of this contract, and no damaged will be paid for delay. Section 7. Ownership of Project; Bill of Sale; No Liens (a) Title of Ownership. Contractor warrants that title to all services, including all equipment and materials incorporated into the Project, will pass to City no later than the time of final payment. Contractor further warrants that upon payment by City, all services for which payments have been received from City shall be free and clear of liens, claims, security interests or other encumbrances in favor of Contractor or any other person or entity whatsoever. _______________________________________________________________________________ 5 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) (b) Assignment; Bill of Sale. Contractor agrees, no later than the time of completion of the Project, to assign to City all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees it will at all times perform the services in a manner that will, to the greatest extent possible, preserve all manufacturer’s warranties. If necessary as a matter of law, Contractor may retain the right to enforce directly any such manufacturers’ warranties during the one year period following the date of acceptance of the Project by City; provided, that City’s rights related to the same shall not be subordinate to Contractor’s enforcement rights. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND SAVE CITY HARMLESS FROM ALL CLAIMS RELATED TO ANY DEMANDS OF SUBCONTRACTORS, LABORERS, WORKMEN, MECHANICS, MATERIALMEN, AND SUPPLIERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS, ALL SUPPLIES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS DESCRIBED HEREIN HAVE BEEN PAID, DISCHARGED OR WAIVED UPON CITY’S WRITTEN REQUEST. Section 8. Default; Termination; Abandonment (a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the party is in breach of a material provision of this Agreement and said breach is not cured within ten (10) days written notice of default by the other party. In the event the breaching party has notified the other party in writing that it is diligently working to cure the breach and has provided reasonable evidence in support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day following the non-breaching party’s notice of default. (b) Default by Contractor. In addition to default under Section 7(a) above, Should Contractor fail to comply with any term or condition this Agreement applicable to Contractor, or become disabled and unable to comply with any provisions of this Agreement related to the quality or character of the services or time of performance, Contractor shall be deemed in default of this Agreement. If such default is not corrected within ten (10) days after written notice by City to Contractor, City may, at its sole discretion and without prejudice to any other right or remedy: (1) terminate this Agreement and be relieved of any further payment or consideration to Contractor except for all services determined by City to be satisfactorily completed prior to such termination. Payment for work satisfactorily completed shall be for actual costs incurred and non-refundable, including reasonable salaries and travel expenses of Contractor to and from meetings called by City at which Contractor is required to attend, but shall not include any loss of profit of Contractor. City may further proceed to complete the services in any manner deemed proper by City, either by the use of its own forces or by resubletting to others; or (2) City may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at Contractor’s sole expense. (b) Suspension or Termination by City. City may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to Contractor. In the event suspension or termination is without cause, payment to Contractor, in accordance with the terms of this Agreement, will be made based on services reasonably determined by City to be satisfactorily performed as of the date of suspension or termination. Such payment will become payable upon delivery of all instruments of service to City and City’s acceptance of the same. If City requires a modification of the services under this Agreement, and in the event City and Contractor fail to agree upon such modification(s), City shall have _______________________________________________________________________________ 6 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) the option of terminating this Agreement and Contractor's services hereunder at no additional cost other than the payment to Contractor in accordance with the terms of this Agreement for the services reasonably determined by City to be properly performed prior to such termination date. (c) Abandonment. If Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the City, or if Contractor fails to timely comply with the orders of the City, when such orders are consistent with the Contract Documents, then, and in that case, where a performance bond(s) exists, the surety on the bond(s) may be notified in writing by City and directed to complete the work (at City’s sole discretion), and a copy of said notice shall be delivered to Contractor. After receiving said notice of abandonment, Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the City or the surety on the performance bond, or another Contractor in completion of the work; and Contractor shall not receive any rental or credit therefor, having hereby acknowledged that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event a surety fails to comply with City’s written notice provided for herein, then the City may provide for completion of the work in either of the following elective manners: (1) the City may employ such labor and use such machinery, equipment, tools, materials and supplies as said City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to Contractor, which shall be deducted and paid by City out of such amounts as may be due, or that may thereafter at any time become due to the Contractor under this Agreement. In case such expense is less than the sum which would have been payable under this Agreement if the same had been completed by the Contractor, then Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Agreement if the same had been completed by said Contractor, then the Contractor and/or its surety (ies) shall pay the amount of such excess to the City; or (2) the City may (under sealed bids when and in the manner required by law) let the contract to another Contractor for the completion of the work under substantially the same terms and conditions which are provided in this Agreement. In the case of any increase in cost to the City under the new contract as compared to what would have been the cost under this Agreement, such increase shall be charged to the Contractor and its surety (ies) shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Agreement, the Contractor and/or its surety (ies) shall be credited therewith. (d) Remedies Cumulative. The remedies in this section are cumulative and nothing herein shall be deemed a waiver of any other remedy available to the City under this Agreement, including its remedies upon default provided herein above. Section 9. Insurance Contractor shall during the term hereof maintain in full force and effect all policies of insurance reasonably required by City and in compliance with the Contract Documents. Contractor’s obligation to provide acceptable certificates of insurance is a material condition of this Agreement, and services under this Agreement shall not commence until certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages and limits of liability for the policies of insurance required under this Agreement are maintained by and accessible through the City’s purchasing department. _______________________________________________________________________________ 7 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) Section 10. Indemnification (a) Release of liability. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICIALS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE (OTHER THAN THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE CONTRACTOR SHALL WAIVE ALL CLAIMS TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). (b) Contractor’s Indemnity Obligation. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE, IN WHOLE OR IN PART, FROM OR ARE ATTRIBUTED TO THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). (c) Notice of Claim(s). Contractor shall promptly advise City in writing of any claim or demand against the City, related to or arising out of Contractor’s acts or omissions under this Agreement and shall see to the investigation and defense of such claims or demand at Contractor’s sole cost and expense; provided, that City, at its option and at its own expense, may participate in such defense without relieving Contractor of any of its obligations hereunder. CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 10 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Section 11. Notice All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the signature page(s) of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested, postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf document containing the required notice. Such notice or document shall be deemed to be delivered or given, whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United _______________________________________________________________________________ 8 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii) on the next business day after the day the notice or document is provided to a nationally recognized carrier to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery report which reflects the time that the email was delivered to the recipient’s last notified email address is prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the recipient. Section 12. Sales and Use Taxes Contractor understands and acknowledges that City is a governmental entity and exempt from the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project or otherwise incorporated into the Project. City agrees to provide Contractor such documentation as may otherwise be required by state law to allow Contractor to avoid payment of sales and uses taxes for materials and equipment with respect to the Project to the extent allowed by law. Section 13. Texas Government Code Verifications Contractor’s execution of this Agreement shall serve as its acknowledgement and written verification that: (i) the requirements of Subchapter J, Chapter 552, Government Code, apply to this Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter; (ii) pursuant to Texas Government Code Chapter 2270, that Contractor’s organization does not presently boycott Israel and will not boycott Israel during the term of this Agreement; and (iii) pursuant to Texas Government Code Chapter 2251, that Contractor’s organization does not current discriminate against firearm and ammunition industries and will not for the term of the contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition industry, but does not include an action made for ordinary business purposes. Section 14. Miscellaneous (a) Contractor shall not assign or sublet this Agreement, in whole or in part, without the prior written consent of City. (b) Contractor shall comply with all federal, state, county and municipal laws, ordinances, resolutions, regulations, rules, policies, orders, and directives applicable to the services under this Agreement. (c) The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. (e) The exhibits attached hereto, if any, are incorporated herein and made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (h) Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. (i) This Agreement may be executed by the parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties. (j) Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed _______________________________________________________________________________ 9 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) under this Agreement. (k) Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY – SIGNATURES ON FOLLOWING PAGE(S)] _______________________________________________________________________________ 10 Construction Services Agreement with Smith Lawn and Tree, LLC (Project #PKS-2026-001) IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. For City: CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay City Manager Date: For Contractor: SMITH LAWN AND TREE, LLC By: Russell Simpler Partner Date: Notice Address: City of Colleyville Attn: City Manager 100 Main Street, 3rd Floor City of Colleyville, Texas 76034 E: jducay@colleyville.com ATTEST: By: Christine Loven City Secretary Date: Notice Address: Smith Lawn and Tree, LLC Attn: Russell Simpler, Partner 3200 Handley Ederville Rd Richland Hills, Texas 76118 E: russell@smithdfw.com GovDox Colleyville Contract ID: CSA_pk_January 6, 2026_Rev20230112 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5e Agenda Date 1/6/2026 Number Resolution R-26-5105 Type Resolution Department Engineering Title Approval of a Professional Services Agreement with Brittain & Crawford, LLC, in an amount not to exceed $70,000.00, for a survey in association with Water Project 5: Brighton Oaks Water Line Replacement project, and authorizing the City Manager to execute the Agreement Explanation Reading and Public Hearing On September 16, 2025, City Council approved the 2026-2030 Capital Improvement Program (CIP) by Resolution R-25-5075, which included $250,000 for the design of Water Project 5: Brighton Oaks. Water Project 5 was identified in the 2014 Water/Wastewater Master Plan. The scope includes the replacement of approximately 10,214 linear feet of 2” and 6” water mains throughout the neighborhood with 8” lines. Upon completion of the water line replacement, the roads throughout the neighborhood will be rehabilitated. Upon reviewing the parameters of the project, staff determined we have the capacity to design the waterline replacement project in house. This item is seeking the approval to enter into an agreement with Brittain & Crawford, LLC to perform the survey for the design. Financial Impact The funding source for the project is the Capital Utility Fund Recommendation Approve Attachments 1. Professional Services Agreement Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 1 PROFESSIONAL SERVICES AGREEMENT WATER PROJECT 5: BRIGHTON OAKS SURVEY This Professional Services Agreement (“Agreement”) is made by and between the City of Colleyville, Texas (“City”), and Brittain & Crawford, LLC (“Professional”) (each a “party” and collectively the “parties”), acting by and through their respective authorized representatives. RECITALS WHEREAS, City desires to engage Professional to perform certain work and services, hereinafter referred to only as "services", as further specified in the Scope of Services defined in Section 1 of this Agreement; and WHEREAS, Professional has expressed a willingness to perform said services in conformance with this Agreement. NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Scope of Services Upon written notice to proceed by City, Professional agrees to provide to City Water Project 5: Brighton Oaks Survey (“Project”), as set forth in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference (the “Scope of Services”). Professional shall not be entitled to any claim for extra services, additional services or changes in the services without a written agreement with City prior to the performance of such services. Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until Professional completes the services required herein and the City has accepted the same, unless sooner terminated as provided in this Agreement. Section 3. Professional’s Obligations (a) Performance of Services. Professional shall furnish and pay for all labor, tools, software, materials, equipment, supplies, transportation and management necessary to perform the services. To the extent reasonably necessary, Professional may engage the services of any agents, assistants, or other persons that Professional may deem proper to assist in the performance of the services under this Agreement; provided, that Professional shall be responsible for all costs related thereto, except as expressly authorized in writing in advance by City. (b) Site Access. City will endeavor to provide such rights of access on any project site as may be reasonably necessary for Professional to perform any necessary studies, surveys, tests or other required investigations in relation to the services; provided, that City shall have no obligation to (i) provide off-site access, (ii) provide access to private property for which City does not have an existing right to access, nor (ii) incur any costs associated with the access to be provided under this Agreement. (c) Standard of Care. Professional shall perform the services with the skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 2 circumstances and professional licenses. Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all services, including all Project Documents, designs, drawings, specifications, plans, reports, presentations and all other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the services. Professional shall further make, without expense to City, such revisions to the Project Documents as may be required to meet the needs of City and which are within the Professional’s Scope of Services. (d) Additional Services. Should City require additional services not included under this Agreement, Professional shall make reasonable effort to provide such additional services in accordance with the fee schedule set forth in Exhibit A, and within the time schedule prescribed by City; and without decreasing the effectiveness of the performance of services required under this Agreement. (e) No Waiver of City’s Rights. Neither City's review, approval, acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professional's negligent performance of any of the services furnished under this Agreement. (f) Independent Contractor. It is understood and agreed by and between the parties that Professional, while performing under this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Professional’s actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement. (g) Inspection of Records. Professional grants City and its designees the right to audit, examine or inspect, at City's election, all of Professional's Records (defined below) relating to the performance of services under this Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination, or inspection of Professional’s Records may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Professional agrees to retain Professional’s Records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under the contract; then, such retention period shall extend until final resolution of the dispute. "Professional's Records" shall include any and all information, materials and data of every kind and character generated in connection with the services under this Agreement. City agrees that it will exercise its right to audit, examine or inspect Professional’s Records during regular business hours unless City has provided advance written notice of an alternate time. Professional agrees to allow City and its designees access to all of Professional's Records, Professional's facilities, and the current or former employees of Professional, to the extent deemed reasonably necessary by City or its designee(s), to perform such audit, inspection or examination. (h) Certification of No Conflicts. Professional hereby warrants to the City that Professional has made full disclosure in writing of any existing or potential conflicts of interest related to Professional's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Professional hereby agrees immediately to make full disclosure to the City in writing. (i) Hazardous Materials. Professional shall report the presence and location of any hazardous materials it notices or which an professional of similar skill and experience should have noticed to the City. Section 4. Performance Schedule Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 3 (a) Time for Performance. Professional shall perform all services as provided for under this Agreement in a proper, efficient, timely, and professional manner in accordance with City's requirements. In the event Professional's performance of this Agreement is delayed or interfered with by acts of the City or others, Professional may request an extension of time in conformance with this Section 4 for the performance of same as hereinafter provided but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. (b) Extensions; Written Request Required. No allowance of any extension of time, for any cause whatever (including an event of Force Majeure as defined herein below), shall be claimed or made to Professional, unless Professional shall have made written request upon City for such extension within forty-eight (48) hours after the cause for such extension occurred, and unless City and Professional have agreed in writing upon the allowance of additional time to be made. Section 5. Documents (a) Project Documents. All proposals, reports, studies, surveys, applications, drawings, plans, specifications, data, and other documents, whether in draft form or final form (including any electronic format) prepared by Professional and its employees, consultants, subcontractors, agents, or representatives (collectively referred to in this section as “Professional) for the use and/or benefit of City in connection with this Agreement (“Project Documents”). Professional shall be deemed the authors of their respective component of the Project Documents. Notwithstanding, upon payment by City as required by this Agreement, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights (except copyrights held by the Professional) in and to all Project Documents, whether in draft form or final form, which are produced at City’s request and in furtherance of this Agreement. City shall have full authority to authorize any contractor(s), subcontractors, consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the services or for any other purpose. Acceptance and approval of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional for the accuracy or competency of its designs, working drawings, specifications, or other documents; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect in the designs, working drawings and specifications, or any other documents prepared by Professional. (b) Professional’s Documents. All previously owned intellectual property of Professional, including but not limited to any computer software (object code and source code), tools, systems, equipment or other information used by Professional or its suppliers in the course of delivering the Services hereunder, and any know-how, methodologies or processes used by Professional to provide the services or protect deliverables to City, including without limitation, all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (“Professional’s Documents”), shall remain the sole and exclusive property of Professional. Notwithstanding, Professional agrees that City shall have the right to access to all such information and City is granted the right to make and retain copies of Professional’s Documents. City acknowledges that any reuse of Professional’s Documents without specific written verification or adaptation by Professional will be at City's sole risk and without liability or legal exposure to Professional. (c) Confidential Information. Professional agrees it will notify City in writing if it considers specific information to be confidential or proprietary trade secrets and will use its best efforts to clearly mark all such information as “Confidential” and/or “Proprietary – Trade Secret” at the time it is delivered or made accessible to City. City acknowledges that all such designated information is considered by Professional to be confidential and the exclusive property of Professional. Notwithstanding the foregoing, Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 4 Professional acknowledges that this Agreement, and all services performed hereunder, are subject to the legal requirements of the Texas Public Information Act and that City will have no obligation to protect or otherwise limit disclosure of any confidential or proprietary information if Professional has not notified City of such designation in conformance with this section. Professional agrees and covenants to protect any and all proprietary rights of City (or other persons) in any materials provided to Professional by City. Additionally, any materials provided to Professional by City shall not be released to any third party without the consent of City and shall be returned intact to City upon termination or completion of this Agreement if instructed to do so by City. In the event City delivers to Professional any information that has been expressly marked “Confidential” or has notified Professional is confidential or is the proprietary information of a third-party, Professional agrees it shall not disclose to anyone directly or indirectly during the term of this Agreement or at any time thereafter, any such information, nor shall it use any such information for any purpose other than as reasonably necessary in connection with Professional’s performance of the services under this Agreement. Professional shall further, at its own expense, defend all suits or proceedings instituted against City and pay any award of damages or loss resulting from an injunction, against City, insofar as the same are based on any claim that materials or services provided under this Agreement constitute an infringement of any patent, trade secret, trademark, copyright or other intellectual property rights. Notwithstanding, the foregoing confidentiality obligations shall not extend to and nothing herein shall limit either party’s right to disclose any information provided hereunder which: (i) was or becomes generally available to the public, other than as a result of a disclosure by the receiving party or its personnel; (ii) was or becomes available to the receiving party or its representatives on a non- confidential basis, provided that the source of the information is not bound by a confidentiality agreement or otherwise prohibited from transmitting such information by a contractual, legal, or fiduciary duty; (iii) was independently developed by the receiving party without the use of any confidential information of the disclosing party; or (iv) is required to be disclosed by applicable law or a court order. Section 6. Payment (a) Compensation. Professional’s compensation shall be as specified in the payment schedule set forth in Exhibit A; provided, that the total compensation under this Agreement shall not exceed SEVENTY THOUSAND DOLLARS ($70,000.00). (b) Payment Terms. City agrees to pay Professional for all services authorized in writing and properly performed by Professional in general conformance with the fee schedule set forth in Exhibit A, subject to changes in the Scope of Services or additional services agreed upon in writing. Unless otherwise agreed in writing, all payments to Professional by City shall be based on detailed monthly invoices submitted by Professional for work performed and accepted by City, less any previous payments. Payment will be due within thirty (30) days of the City’s receipt and acceptance of an approved invoice. Notwithstanding the foregoing, City reserves the right to delay, without penalty, any payment to Professional when, in the opinion of City, Professional has not made satisfactory progress on the Project as described in the Scope of Services. (c) Deductions. City may deduct from any amounts due or to become due to Professional any sum or sums owing by Professional to City. In the event of any breach by Professional of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against City, or City's premises, arising out of Professional's performance of this Agreement, City shall have the right to retain out of any payments due or to become due to Professional an amount sufficient to completely protect City from any and all reasonably anticipated loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by Professional. Section 7. Default; Force Majeure Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 5 (a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the party is in breach of a material provision of this Agreement and said breach is not cured within fifteen (15) days written notice of default by the other party. In the event the breaching party has notified the other party in writing that it is diligently working to cure the breach and has provided reasonable written evidence in support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day following the non-breaching party’s notice of default. (b) Default by Professional. In addition to default under Section 7(a) above, Professional shall be in default under this Agreement if Professional fails to comply or becomes disabled and unable to comply with the provisions of this Agreement related to Professional’s performance of the services, including the quality or character of the services or time of performance for any material component of the services. If such default is not corrected within ten (10) days from the date of City’s written notice to Professional regarding the same, City may, at its sole discretion without prejudice to any other right or remedy: (i) Terminate this Agreement and be relieved of the payment of any further consideration to Professional except for all services determined by City to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel expenses of Professional to and from meetings called by City at which Professional is required to attend, but shall not include any loss of profit of Professional. In the event of such termination, City may proceed to complete the services in any manner deemed proper by City, either by the use of its own forces or by re- subletting to others; or (ii) City may, without terminating this Agreement or taking over the services, furnish the necessary labor, materials, equipment, supplies and/or assistance necessary to remedy the situation, at the expense of Professional. (c) Force Majeure. To the extent either party of this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, or a government restriction, quarantine or mandatory closure order enacted in response to a pandemic or other public health crises, or other specific cause reasonably beyond the party’s control and not attributable to its malfeasance, neglect or nonfeasance (each an event of “Force Majeure”), the time for performance of such obligation (other than a payment obligation) may be extended for a period equal to the time lost by reason such event, provided, that the party complies with the provisions of this section. Specifically, the party asserting Force Majeure (i) shall give prompt notice to the other party of the prevention of performance as soon as the asserting party is reasonably aware of such prevention, and (ii) has the burden of demonstrating: (1) how and why their performance was so prevented, (2) the period of time during which they were so prevented from performing (which under the facts may be equal to, or shorter or longer than, the duration of the Force Majeure event itself), and (3) that the party used commercially reasonable efforts to mitigate and/or eliminate such prevention and resumed performance under this Agreement as soon as reasonably practicable. Section 8. Termination; Suspension (a) Termination Upon Default. Either party may terminate this Agreement upon written notice if the other party is in default of this Agreement, subject to the defaulting party’s right to cure in conformance with the terms of this Agreement. (b) Termination by City. City shall be entitled to terminate this Agreement, with or without cause, by providing thirty (30) days prior written notice to Professional. Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 6 (c) Termination Following Request for Modification. Should City require a modification of this Agreement with Professional, and in the event City and Professional fail to agree upon a modification to this Agreement, City shall have the option of terminating this Agreement and Professional's services hereunder at no additional cost other than the payment to Professional, in accordance with the terms of this Agreement, for the services reasonably determined by City to be properly performed by Professional prior to such termination date. (d) Suspension. City reserves the right to suspend this Agreement for the convenience of City by issuing a written notice of suspension which shall describe City’s reason(s) for the suspension and the expected duration of the suspension. Such expected duration shall, in no way, guarantee what the total number of days of suspension shall occur. Such suspension shall take effect immediately upon Professional’s receipt of said notice. Should such suspension extend past the expected duration identified by City in its latest notice of suspension, Professional shall have the right to terminate this Agreement if Professional if (i) Professional provides not less than thirty (30) days prior written notice to City requesting to recommence the services, and (ii) City does not recommence the services within the time requested. Section 9. Insurance Professional shall during the term hereof maintain in full force and effect all policies of insurance reasonably required by City. Professional’s obligation to provide acceptable certificates of insurance is a material condition precedent to this Agreement, and services under this Agreement shall not commence until certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages and limits of liability for the policies of insurance required for the specific services under this Agreement are maintained by and accessible through the City’s purchasing department. Section 10. Indemnification; Notice. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY INDEMNITEES”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY INDEMNITEES. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVANTS, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OR WILFUL MISCONDUCT OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN WHICH CASE PROFESSIONAL SHALL INDEMNIFY THE CITY INDEMNITEES TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO PROFESSIONAL, ITS OFFICERS, AGENTS, OR EMPLOYEES AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 7 Notices of Claim. Professional shall promptly advise City in writing of any claim or demand against the City, related to or arising out of Professional’s acts or omissions under this Agreement and shall see to the investigation of such claims or demand at Professional’s sole cost and expense; provided, that City, at its option and at its own expense, may participate in such investigation without relieving Professional of any of its obligations hereunder. Professional’s obligations under this section shall not be limited to the limits of coverage of insurance maintained or required to be maintained under this Agreement. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT FOR A PERIOD OF FOUR (4) YEARS. Section 11. Notice. All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the signature page(s) of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested, postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf document containing the required notice. Such notice or document shall be deemed to be delivered or given, whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii) on the next business day after the day the notice or document is provided to a nationally recognized carrier to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery report which reflects the time that the email was delivered to the recipient’s last notified email address is prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the recipient. Section 12. Verifications by Professional Professional’s execution of this Agreement shall serve as its formal acknowledgement and written verification that: (a) if the requirements of Subchapter J, Chapter 552, Government Code, apply to this Agreement and Professional agrees that the Agreement can be terminated if Professional knowingly or intentionally fails to comply with a requirement of that subchapter; (b) pursuant to Texas Government Code Chapter 2270, that Professional’s organization does not presently boycott Israel and will not boycott Israel during the term of this Agreement; and (c) pursuant to Texas Government Code Chapter 2251, that Professional’s organization does not current discriminate against firearm and ammunition industries and will not for the term of the contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition industry, but does not include an action made for ordinary business purposes. Section 13. Miscellaneous (a) Professional shall not assign or sublet this Agreement, in whole or in part, without the prior written consent of City. (b) Professional shall comply with all federal, state, county, and municipal laws, ordinances, resolutions, regulations, rules, and orders applicable to the services under this Agreement. (c) The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 8 Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. (e) The exhibits attached hereto, if any, are incorporated herein and made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (h) Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. (i) This Agreement may be executed by the parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties. (j) Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. (k) Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 9 IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. For City: CITY OF COLLEYVILLE, TEXAS [sig|req|signer1|Signature] By: Jerry Ducay City Manager [date|req|signer1|Date of Signing] Date: For Professional: BRITTAIN & CRAWFORD, LLC [sig|req|signer2|Signature] By: Stuart F. Smith, R.P.L.S. [date|req|signer2|Date of Signing] Date: Notice Address: City of Colleyville Attn: City Manager 100 Main Street, 3rd Floor City of Colleyville, Texas 76034 E: jducay@colleyville.com Colleyville Contract ID: PSA_pk_December 18, 2025_v1.20220714 Notice Address: Brittain & Crawford, LLC Attn: Stuart F. Smith, R.P.L.S. 3908 South Fwy Fort Worth, Texas 76110 E: sfs@brittain-crawford.com Professional Services Agreement with Brittain & Crawford, LLC for Water Project 5: Brighton Oaks Survey 1 EXHIBIT “A” SCOPE OF SERVICES (attached) City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5f Agenda Date 1/6/2026 Number Resolution R-26-5105 Type Resolution Department City Manager Title Approval of a Purchase and Sale Agreement with Sanford P. Aron, for the purchase of the City-owned 6.2 acres at Colleyville Boulevard and Acuff Lane, and authorizing the City Manager to execute the Agreement Explanation Reading and Public Hearing Approval of this item provides for the City to enter into a Purchase and Sale Agreement with Sanford P. Aron, for the sale of the 6.2 acres of City-owned property at the southeast corner of Colleyville Boulevard and Acuff Lane. Sanford P. Aron plans to develop the property by constructing a mixture of commercial and retail buildings. Closing on the property is subject to the purchaser obtaining City approved PUD zoning for the intended property improvements. Financial Impact The City purchased the property in two purchases in 2021 for $2.6 million. Recommendation Approve Attachments 1. Purchase and Sale Agreement - Colleyille-Sanford P. Aron Trustee PAGE 1 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. PURCHASE AND SALE AGREEMENT This Purchase and Sales Agreement (“Agreement”) to buy and sell real property is entered between the City of Colleyville, Texas (“Seller” or “City”) and the Purchaser identified below and is effective on the date of the last of the signatures by Seller and Purchaser as parties to this Agreement and acknowledgement by Title Company of receipt of the Agreement (“Effective Date”). Purchaser: Sanford P. Aron, Trustee 3773 Richmond Ave., Ste 800 Houston, Texas 77046 Attn: Sanford P. Aron, Principal Telephone:________________ E-mail:___________________ Purchaser’s Attorney: ________________________ ________________________ ________________________ ________________________ Telephone:________________ E-mail:___________________ Purchaser’s Broker: Waypoint Real Estate Advisors, LLC. Seller agrees to pay a 3% commission of the sales price to brokerage upon closing (the “Broker Fee”). Seller: City of Colleyville Attn: City Manager 100 Main Street Colleyville, Texas 76034 Telephone: (817) 503-1116 E-mail: Jducay@colleyville.com Seller’s Attorney: Whitt L. Wyatt Wyatt, Hamilton, and Findlay, PLLC 8080 N. Central Expy Ste 1700, PMB 1017 Dallas, Texas 75206 Telephone: (972) 762-6418 E-mail: whitt@whflegal.com Title Company: ___________________ Property: A 6.20 ± acres tract of land more particularly described in Exhibit A, attached hereto and incorporated herein by reference, generally located at the SEC if Highway 26 and Acuff Lane, Colleyville, Texas (the “Property”). PAGE 2 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. Feasibility Period: One hundred fifty (150) days from the Effective Date, subject to extension as provided in Section Earnest Money: $15,000.00 in cash which Purchaser shall place in escrow with a Title Company of Seller’s discretion. An additional $35,000.00 non-refundable and applicable to the purchase price, cash shall be deposited as earnest money upon expiration of the Feasibility Period in conformance with the terms of this Agreement. Option Fee: $1,000.00, to be deducted from the Earnest Money, which amount shall be the non-refundable portion of the Earnest Money (except as may be otherwise expressly provided in this Agreement) and will be distributed to Seller upon any termination of this Agreement as independent consideration for Seller’s performance under this Agreement, and which shall be applied as a credit to the Purchase Price if Closing occurs. Closing Date: The later of: (i) the satisfaction of all closing contingencies, or (ii) sixty (60) days after the expiration of the Feasibility Period, unless Purchaser otherwise exercises its option to extend the Closing Date in conformance with Section 4 of this Agreement. Purchase Price: [$_____]. Will be calculated as follows: $12.50 per square foot (net of all easements, encumbrances, detention, and floodplains as determined by the Survey. In the event that the Utility extensions are required, the purchase price shall be reduced by an amount equal to the costs associated with design, engineering, and construction. In the event that additional detention is required, the purchase price shall be reduced by an amount equal to the costs associated with design, engineering and construction. WHEREAS, Purchaser has informed the City of its intent to redevelop the Property by demolishing the existing vacant structures and constructing a mixture of commercial and retail buildings that will service the general public (the “Project”); and WHEREAS, City has determined that selling the Property to Purchaser for development of the Project is in accordance with Chapter 380 of Texas Local Government Code and the City’s economic development programs and will (i) further Seller’s objectives; (ii) benefit City and its inhabitants; and (iii) will promote local economic development and stimulate business and commercial activity in City’s incorporated limits. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1. Sale and Purchase. Seller agrees to sell, and Purchaser agrees to purchase the Property as provided in this Agreement for the Purchase Price and subject to additional consideration set forth in this Agreement. The Purchase Price shall be paid to Seller by Purchaser as follows: (a) Earnest Money. Not later than the fifth (5th) business day after the Effective Date, Purchaser shall deliver, by wire transfer or bank or cashier’s check, at Purchaser’s election, the Earnest Money to the Title Company. The Earnest Money, less the Option Fee, is refundable to Purchaser until the PAGE 3 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. expiration of the Inspection Period. After the expiration of the Inspection Period, the Earnest Money inclusive of the Option Fee, shall be non-refundable to Purchaser except as provided in Section 2 (Title and Survey Matters), Section 8 (Conditions to Closing), and Section 13 (Seller Default). If Purchaser fails to timely deliver the Earnest Money as provided herein, then Seller may elect, as its sole remedy for such failure, to terminate this Agreement by delivering written notice of such termination to Purchaser at any time prior to the time that Purchaser delivers the Earnest Money to the Title Company. The Earnest Money (inclusive of the Option Fee), shall be applicable first to the Purchase Price (after applying the Purchase Grant) and then to the Purchaser’s Closing Costs at Closing, and any surplus thereafter shall be returned to Purchaser. (b) Option Fee. The Option Fee, which is One Thousand and No/100 Dollars ($1,000) of the Earnest Money, shall immediately be non-refundable to Purchaser except as provided in Section 13 (Seller Default). The Option Fee shall be applicable first to the Purchase Price and then to the Purchaser’s Closing Costs at Closing, and any surplus thereafter shall be returned to Purchaser. (c) Deposit. The proceeds of the Earnest Money (and the Option Fee) shall be deposited and held by Title Company as a deposit against the Purchase Price (with any surplus applied to Purchaser’s Closing Costs and thereafter any surplus shall be returned to Purchaser) in accordance with the terms and provisions of this Agreement, and shall be credited against the Purchase Price (and, if applicable, the Purchaser’s Closing Costs) if the transaction closes. All interest accruing on the Earnest Money (and the Option Fee) shall be held for the account of Purchaser. (d) Closing Payment. The balance of the Purchase Price, as adjusted by the application of the proceeds of the Earnest Money plus any accrued interest thereon and by the prorations and credits specified herein shall be paid in cash on the Closing Date (as hereinafter defined) (the amount to be paid under this subparagraph (d) being herein called the “Closing Payment”). 2. Title, Survey, and Environmental Reports. (a) Not later than ten (10) days after the Effective Date, Seller shall, at Seller’s expense, deliver to Purchaser: (i) any reports, including, without limitation, environmental or geotechnical studies that Seller may have in its possession or that is available to Seller as of the Effective Date with respect to the Property; (ii) tax certificate(s) regarding the payment of ad valorem taxes for current and prior years; (iii) the most recent survey and plat of the Property that Seller has in its possession or that may be available to Seller (the “Existing Survey”). Seller shall not be required to obtain a new survey of the Property at Seller’s expense; (iv) notices or other documents regarding any uncured violation of applicable laws, rules, regulations, codes or ordinances regarding the Property, or relating to any actual or claimed existence, release or disposal of any toxic or hazardous substance or waste in, upon or affecting the Property, or relating to any pending or threatened litigation affecting the Property; and (v) any other documents or information in Seller’s possession or under Seller’s reasonable control relating to the Property which may be reasonably requested by Purchaser. PAGE 4 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. (b) Not later than fifteen (15) days after the Effective Date, Purchaser shall, at Seller’s expense, obtain a current commitment for a Texas Owner’s Policy of Title Insurance for the Property from the Title Company issued to Purchaser in the amount of the Purchase Price (the “Title Commitment”), accompanied by copies of all recorded documents and encumbrances referenced in the Title Commitment (the “Title Exceptions”). (c) Not later than sixty (60) calendar days after the Effective Date, Purchaser may, at Purchaser’s expense and option, obtain an ALTA survey (the “Survey”) of the Property prepared by a duly licensed Texas Registered Public Land Surveyor. The Survey shall be staked on the ground, and the survey plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, shall contain the surveyor's certification that there are no encroachments on the Property other than what are listed on the Title Commitment, be in a form acceptable to the Title Company to issue the relevant survey coverage in the Title Policy (as hereinafter defined), and shall set forth a metes and bounds description of the Property. The parties acknowledge and understand that in accordance with Section 8(c), the Property must be subdivided into a separately platted lot along with Seller’s adjacent property as a condition of Closing and that the Property shall be conveyed by the platted lot description as set forth in the recorded plat of the Property. (d) Not later than fifteen (15) days after Purchaser’s receipt of the last of (i) the Title Commitment, (ii) legible copies, to the extent available, of all instruments referred to in the Commitment, and (iii) the Survey (or after the expiration of the period for obtaining the Survey, if a Survey is not obtained), Purchaser shall approve or provide written objections to the aforementioned items above, provided, however, Seller agrees to cure and removal all Required Removal Exceptions (as defined below) regardless of whether Purchaser objects to them. If there are objections by Purchaser, Seller shall in good faith attempt to satisfy them prior to Closing, but Seller shall not be required to incur any cost to do so, other than the Required Removal Exceptions which Seller shall be obligated to cure. If Seller delivers written notice to Purchaser not later than the fifth (5th) calendar day after Seller’s receipt of Purchaser’s objections that Seller is unable to satisfy any such objection, Purchaser may either (i) waive such objection and accept title as Seller is able to convey or terminate this Agreement by written notice to Seller and the Title Company prior to the expiration of the Inspection Period and receive a refund of the Earnest Money without further liability to either party or (ii) elect to extend the Closing Date, not to exceed an additional sixty (60) days, in order to provide Seller additional time to cure the objections. If Purchaser elects to extend the Closing Date pursuant to (ii) in the previous sentence, and Seller fails to cure the objection with such period, Purchaser may either waive the objection and proceed to Closing or terminate this Agreement and receive a refund of the Earnest Money (less the Option Fee) without further liability to either party. As used in this Agreement, the term “Required Removal Exceptions” shall mean, collectively, (a) any exceptions to title that are either (i) liens evidencing monetary encumbrances (other than liens for non- delinquent real estate taxes), including (A) any mortgage, deed of trust or other financing instrument securing indebtedness of Seller, or (B) any mechanic’s or materialman’s lien, or judgment lien against Seller or the Property, or (ii) title matters created by Seller in violation of the terms of this Agreement; and (b) any exception to title that Seller has specifically agreed in writing to cure or cause the Title Company to provide affirmative coverage over such exception pursuant to the terms of this Section 2. (e) If any update to the Title Commitment, Title Exceptions or Survey discloses any new title or survey matters or modified or revised title matters (each, a “New Title Matter”), Purchaser shall have the right to object to such New Title Matter in accordance with the provisions of the immediately preceding paragraph, except that Purchaser’s time period to review and object to or accept any New Title Matter shall be five (5) business days after Purchaser receives an updated Title Commitment that includes such New Title Matter. PAGE 5 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. (f) At the Closing, Seller shall convey to Purchaser fee simple title to the Property by good and sufficient Deed (as defined in Section 5(a)(i)), subject to no exceptions other than those title exceptions permitted herein, provided, however, (i) there shall be no Required Removal Exceptions and any exception as to taxes shall be limited to non-delinquent taxes for the current year and subsequent years that are not yet due and payable (collectively, the “Permitted Exceptions”). Purchaser’s obligation to proceed with Closing shall be conditioned upon the Title Company being irrevocably committed to issue, upon payment of its normal premium, a TLTA Owner’s Policy, insuring Purchaser in the amount of the Purchase Price that fee simple title to the Property is vested in Purchaser, subject only to the Permitted Exceptions (collectively, the “Title Policy”). 3. Inspection (Feasibility) Period. (a) During the Inspection Period, Purchaser and its agents, contractors, representatives, consultants or employees shall have the right to enter upon the Property during regular business hours upon reasonable notice and conduct such inspections, tests and studies as they may deem necessary. Purchaser shall further have two (2) options to extend the Inspection Period by an additional thirty (30) days for each extension. Purchaser may exercise an extension option by delivering written notice to Seller on or prior to the end of the Inspection Period, and concurrently therewith delivering to the Title Company an extension deposit in the amount of Twenty-Five Thousand and No/100 Dollars ($25,000.00). Each extension deposit shall become part of the Earnest Money and treated the same as provided in this Agreement, and credited to the Purchase Price (and, if applicable, Purchaser’s Closing Costs) at Closing, and thereafter any surplus shall be returned to Purchaser. If for any reason Purchaser determines not to purchase the Property, Purchaser may terminate this Agreement by notifying Seller and Title Company in writing prior to the expiration of the Inspection Period. In such event, neither party shall have any further claim against the other under this Agreement, and Purchaser shall be entitled to a refund of the Earnest Money, but not the Option Fee. If Purchaser does not timely terminate this Agreement under this Section 3, it shall have no further right to do so under this Section 3; and Purchaser shall have waived its right to terminate this Agreement within the Inspection Period. (b) Purchaser may enter the Property to conduct its inspection but shall be solely responsible for any damages caused thereby. Purchaser shall repair any damage to the Property it causes or that is caused by its agents, contractors, representatives, consultants or employees, and shall indemnify and defend Seller and hold Seller harmless from and against any and all claims, liabilities or damages to the Property or against Seller caused by the intentional or negligent acts or omissions of Purchaser and/or Purchaser’s authorized agents, contractors, representatives, consultants or employees during the Inspection Period or as a result of any inspection of the Property by such parties; provided, that no indemnity shall be required for (i) Purchaser’s discovery of any violations of any applicable law, statute, rule, regulation, code or ordinance during such inspection, (ii) discovery of any preexisting physical or environmental conditions present at the Property, or (iii) the consequences of any negligent act or omission on the part of Seller or any of its agents or employees. (c) During the Inspection Period, Purchaser may review and conduct any studies relating to engineering and environmental matters associated with the Property; provided, however, no invasive testing (such as a Phase II ESA) shall be permitted without Seller's prior written consent, which Seller may withhold at its sole discretion. Notwithstanding the foregoing to the contrary, if a Phase I Environmental Site Assessment (a “Phase I ESA”) is performed on behalf of Purchaser by a reputable and licensed environmental engineer or professional engineering firm (as applicable, “Purchaser's Environmental Engineer”), and, in the reasonable opinion of Purchaser's Environmental Engineer and/or Purchaser's lender, the findings of such Phase I ESA discloses materials and/or conditions affecting the Property such that the performance of a Phase II Environmental Site Assessment (a “Phase II ESA”) is recommended in order to fully assess same, then Seller agrees to not unreasonably withhold its consent to the performance PAGE 6 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. of a Phase II ESA at the Property on conditions, in locations and with a scope approved in advance in writing by Seller. Upon completion of any Phase I ESA and/or Phase II ESA, Purchaser shall promptly provide a copy of same to Seller. No Phase II ESA shall commence prior to the delivery of the Phase I ESA to Seller. (d) The provisions of this Section 3 shall expressly survive any termination of this Agreement or the Closing for a period of six (6) months. 4. Closing Date. The closing of the sale of the Property (the “Closing”) shall occur on the Closing Date through escrow arrangements with the Title Company, or at such other time as may be agreeable to the parties. Purchaser shall have two (2) options (each, a “Closing Extension Option”) to extend the Closing Date by an additional thirty (30) days for each extension. Purchaser may exercise a Closing Extension Option by delivering written notice to Seller on or prior to the then scheduled Closing Date, and concurrently therewith delivering to the Title Company a closing extension deposit in the amount of Twenty-Five Thousand and No/100 Dollars ($10,000.00) (each such deposit, a “Closing Extension Deposit”). Each Closing Extension Deposit shall become part of the Earnest Money and treated the same as provided in this Agreement, and credited to the Purchase Price (and, if applicable, Purchaser’s Closing Costs) at Closing, and thereafter any surplus shall be returned to Purchaser. 5. Closing Deliverables. (a) At the Closing, Seller shall deliver to Purchaser through the Title Company: (i) a special warranty deed (the “Special Warranty Deed”) in form and substance reasonably acceptable to Seller and Purchaser, conveying good and indefeasible title to the Property to Purchaser, free and clear of any and all encumbrances except the Permitted Exceptions; (ii) the documents required to be executed as a condition of Closing as set forth in Section 8, below; (iii) possession of the Property, free of parties in possession; and (iv) such documents as may be reasonably required by the Title Company in order to cause the Title Company to issue a Texas Owner’s Policy of Title Insurance (or equivalent) in the amount of the Purchase Price, insuring such title to the Purchaser, at Seller’s expense (the “Title Policy”), as well as such other documents as may be required by the Title Company to close the contemplated transaction. (b) At the Closing, Purchaser shall deliver to Seller through the Title Company: (i) the Closing Payment; (ii) the documents required to be executed as a condition of closing as set forth in Section 8, below; and (iii) such other documents as may be reasonably required by Title Company to close the contemplated transaction. 6. Taxes. Purchaser understands and acknowledges that the Property is presently exempt from the assessment of ad valorem taxes, which status will change upon conveyance of the Property to PAGE 7 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. Purchaser. Seller shall not be responsible for payment of property taxes assessed against the Property for periods after the date of Closing, if any become due and payable. 7. Closing Costs. (a) Seller hereby agrees to pay and be responsible for the following closing costs (collectively, the “Seller’s Closing Costs”): (i) the cost of all tax certificates relating to all taxes and other assessments incurred or arising in relation to the Property; (ii) one-half (½) of the Title Company’s escrow fees; (iii) the basic premium for the Title Policy; (iv) all costs and expenses incurred by or on behalf of Seller, including Seller’s attorney’s fees and costs related to the removal of encumbrances that the Seller is obligated to remove under this Agreement; and (v) such other incidental costs and fees customarily paid by sellers of real property in Tarrant County, Texas, for transactions of a similar nature to the transaction contemplated herein. (b) Purchaser hereby agrees to pay and be responsible for the following closing costs (collectively, the “Purchaser’s Closing Costs”): (i) all fees and costs for the Survey; (ii) one-half (½) of the Title Company’s escrow fees; (iii) all costs and expenses incurred by or on behalf of Purchaser, including Purchaser’s attorneys’ fees, but excluding the Broker Fee; (iv) all premiums and fees for extended coverage and optional endorsements, deletions and amendments to the Title Policy, if any; (v) one-half (½) of the recording fees for the Special Warranty Deed and any other documents that are required to be recorded to close the transaction; and (vi) such other incidental costs and fees customarily paid by purchasers of property in Tarrant County, Texas, for transactions of a similar nature to the transaction contemplated herein. 8. Conditions to Closing. If any of the closing conditions set forth below in this Agreement have not been satisfied or waived by Purchaser by the Closing Date (as such date may be extended), then Purchaser may terminate this Agreement with written notice to Seller, in which event, the entire Earnest Money (less the Option Fee) shall be returned to Purchaser. Closing on the sale of the Property shall be conditioned upon and subject to the following: (a) Purchaser and Seller having duly executed a development agreement in recordable form, setting forth the parties respective rights and obligations with regard to the Project. PAGE 8 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. (b) On or before the end of the Inspection Period, the zoning of the Property being amended such that Purchaser may develop and use the Property for the Project (the “Rezoning”). If the Property is not zoned for such use as of the Effective Date, Seller agrees that Purchaser shall have the right to file an application with Seller for the Rezoning. The application for the Rezoning shall be made in the name of Purchaser, prosecuted at the expense of Purchaser, and filed with Seller on or before the last day of the Inspection Period. Nothing in this Agreement and, specifically, this Section 8(b), shall be construed as contractually obligating Seller to grant the Rezoning or otherwise waive its legislative discretion to amend the Seller’s Zoning Regulations in any manner; provided, however, if Seller denies the Rezoning, Purchaser shall have the right, as Purchaser’s sole and exclusive remedy, to terminate this Agreement and be refunded the Earnest Money (inclusive of the Option Fee), and, thereafter, neither party shall have any further claim against the other under this Agreement. Once the Rezoning is approved, Purchaser shall not have the right to terminate this Agreement purchase to this Section 8(b). (c) On or before the end of the Inspection Period, a replat of the Property (the “Replat”) being approved in accordance with Seller’s subdivision regulations. The application for the Replat shall be made and prosecuted in Seller’s name as owner. Purchaser shall be responsible for the costs related to preparation and recording of the Replat. If the Replat is not approved prior to the expiration of the Inspection Period, Purchaser shall have the right to terminate this Agreement and receive a refund of the Earnest Money (inclusive of the Option Fee). Once the Replat is approved, Purchaser shall not have the right to terminate this Agreement pursuant to this Section 8(c). (d) Each of the representations and warranties made by Seller in this Agreement will be true and complete in all material respects on the Closing Date as if made on and as of such date. (e) Seller will not have failed to perform or comply with any of Seller’s agreements, covenants or obligations in the manner and within the periods provided herein. (f) The Title Company will have irrevocably committed to issue the Title Policy. (g) On the Closing Date, there will be no third party injunction, writ, preliminary restraining order or any order of any nature issued or threatened by a court of competent jurisdiction directing that the transaction contemplated by this Agreement not be consummated, as herein provided. 9. Permitted Exceptions. (a) Purchaser acknowledges and agrees that the Property will be conveyed by Seller at closing subject to the Restriction Agreement, and that the Special Warranty Deed shall contain reference to same. The (i) lien for current taxes not yet due and payable, (ii) the Restriction Agreement, and (iii) other appropriate matters appearing on Schedule B of the Title Commitment that were not cured and to which Purchaser failed to object or otherwise waived objection, shall be deemed to be Permitted Exceptions. Notwithstanding anything to the contrary herein, as a condition of Closing, Seller must resolve at Seller’s sole cost the items that are listed on Schedule C of the Title Commitment which are by their nature Seller’s responsibility, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Agreement, and use due diligence to cure the title and survey objections that Seller has agreed to cure. (b) Purchaser understands, acknowledges, and agrees that all rights-of-ways and easements dedicated to Seller on behalf of the public and which appear on the Replat of the Property or which may affect the Property and which (i) were originally dedicated to Seller by separate instrument prior to the Effective Date, or (ii) are dedicated to Seller in accordance with the Replat, including, but not limited to, any rights-of-way or easements that existed prior to Seller acquiring title to the Property, may be reserved PAGE 9 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. by Seller prior to Closing for itself, its successors and assigns, and the public, which reservations shall constitute additional Permitted Exceptions at Closing to the extent they affect the Property, but are subject to Purchaser’s approval pursuant to Section 8(c) above. 10. Representations and Covenants. (a) Seller represents and covenants that: (i) Seller has authority to enter into this Agreement, and that this Agreement represents the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its terms; (ii) no other person has any interests in or claims against the Property (other than as reflected by the Title Commitment); (iii) Seller has no knowledge and has not received any written notice of any uncured violation of applicable laws, rules, regulations, codes or ordinances with respect to the Property, nor of any existence, release or disposal of any toxic or hazardous substance or waste upon or affecting the Property, nor of any pending or threatened litigation affecting the Property, and Seller is in compliance with any past notices of past violations. Seller shall immediately provide Purchaser with a copy of any such notices received after the Effective Date; (iv) Seller will not hereafter encumber the Property, or take any other action with respect to the Property which will adversely affect the development, lease or other transactions contemplated by this Agreement and the Required Use. (v) There is no material litigation pending or, to Seller’s Actual Knowledge, threatened against Seller that arises out of the ownership of the Property that will not be disposed of prior to Closing. (vi) There are no contracts or agreements relating to the ownership, operation and maintenance of the Property that will survive the Closing and become an obligation of Purchaser or the Property. (vii) All documents and reports related to the Property in Seller’s possession or reasonable control described in Section 2(a) have been delivered to Purchaser, and such documents constitute complete copies of such documents. (viii) Seller has at all times while holding title to the Property complied with, and is in compliance in all respects with all environmental laws (including without limitation all permits and licenses required thereunder) applicable to the Property; (b) Seller has not received any oral or written notice of any violation of, or any liability (contingent or otherwise) for corrective or remedial obligation under, any environmental laws, and (c) Seller has no knowledge of and has not received any oral or written notice of the presence of any “Hazardous Materials” in, on or under the Property except as may have been disclosed in any report delivered by Seller to Purchaser in accordance with Section 2(a). As used herein, “Hazardous Materials” means and includes any materials (or components thereof) now or hereafter designated and/or regulated as hazardous, dangerous, toxic or harmful by any governmental authority or by orders, awards and standards promulgated by any federal, state or local government or by any court, agency, instrumentality, regulatory authority or commission of any of the foregoing concerning health, safety and the PAGE 10 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. protection or regulation of the discharge of substances into the environment and the transportation and disposal of such substances. (b) Purchaser represents that Purchaser has authority to enter into this Agreement and that this Agreement represents the legal, valid and binding obligation of Purchaser, enforceable against Purchaser in accordance with its terms. The only representations made by any party concerning the Property and this Agreement are as set out in this Section 10. The representations set forth in this Section 10 shall survive Closing. 11. Property Sold As Is. (a) Except as otherwise expressly provided in this Agreement including, without limitation, Section 10(a), above or in any of the documents to be delivered by Seller at Closing, Purchaser hereby acknowledges and agrees the sale of the Property hereunder is and will be made on an “as is, where is and with all faults” basis. The occurrence of Closing shall constitute an acknowledgment by Purchaser that the Property was accepted without representation or warranty, express or implied (except as otherwise specifically set forth herein and except for the special warranties of title set forth in the Special Warranty Deed). (b) Except as otherwise specifically set forth in this Agreement and except for the special warranties of title set forth in the Special Warranty Deed, Seller hereby specifically negates and disclaims any representations, warranties or guaranties of any kind or character, whether express or implied, oral or written, past, present, future or otherwise, of, as to, concerning or with respect to the Property, including without limitation (i) the nature and condition of the Property and the suitability thereof for any and all activities and uses which Purchaser may elect to conduct thereon, (ii) the nature and extent of any right-of- way, lease, possession, lien, encumbrance, license, reservation, condition or any other matter relating in any way to the Property, (iii) the compliance of the Property or its operation with any laws, ordinances or regulations of any government or other authority or body, (iv) the existence of any toxic or hazardous substance or waste in, on, under the surface of or about the Property, (v) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water and faulting, (vi) whether or not and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, flood prone area, floodplain, floodway or special flood hazard, (vii) drainage, (viii) zoning or land use restrictions rules and regulations to which the Property or any portion thereof may be subject, (ix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric and including the utility availability capacities allocated to the Property by the relevant governmental or regulatory authority, (x) usages of adjoining property, (xi) access to the Property or any portion thereof, (xii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, durability, structural integrity, operation, leasing, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (xiii) the potential for further development of the Property, or (xiv) the merchantability of the Property or fitness of the Property for any particular purpose (Purchaser affirming that Purchaser has not relied on Seller’s skill or judgment to select or furnish the Property for any particular purpose, and that Seller makes no warranty that the Property is fit for any particular purpose). (c) Purchaser agrees that, prior to the expiration of the Inspection Period, it will have the opportunity to examine and investigate the Property and that, in purchasing the Property, Purchaser will rely solely upon its independent examination, study, inspection and knowledge of the Property, and Purchaser is relying solely upon its own examination, study, inspection, and, except for representations and PAGE 11 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. warranties specifically set forth herein and, except for the special warranties of title set forth in the Special Warranty Deed, and in the bill of sale and assignment, knowledge of the Property and Purchaser’s determination of the value of the Property and uses to which the Property may be put, and not on any information provided or to be provided by Seller. (d) The provisions of this Section 11 shall survive the termination of this Agreement and the Closing. 12. [Intentionally Omitted] 13. Remedies. If Purchaser defaults, Seller’s sole remedy shall be to terminate this Agreement and receive the Earnest Money as liquidated damages, thereby releasing both of the parties from this Agreement. If Seller defaults, Purchaser’s sole remedies shall be (i) to terminate this Agreement and receive a refund of the Earnest Money and the Option Fee, thereby releasing both of the parties from this Agreement, or (ii) seek specific performance. No termination shall occur pursuant to a default until the non-defaulting party has provided written notice of default not less than ten (10) days prior to the proposed date of termination and the defaulting party has failed to cure the default; provided, however, if all of the parties have fully performed and all conditions to Closing have been satisfied other than the signing of documents and closing on the sale of the Property and one party fails to perform such necessary acts to deliver funds and execute documents required for Closing on the date of Closing, then this Agreement shall terminate one (1) business day after demand is made to the non-performing party and the party continues to fail to close on the transaction. Notwithstanding anything herein to the contrary, the failure of Seller to succeed in satisfying the conditions to Closing set forth in Section 8(b) and/or Section 8(c) shall not constitute a default of this Agreement; provided, however, failure of Seller to satisfy said conditions prior to the date of Closing shall entitle Purchaser to the sole remedy of terminating this Agreement and receiving a refund of the Earnest Money and the Option Fee. 14. Notices. All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested, postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf document containing the required notice. Such notice or document shall be deemed to be delivered or given, whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United States mail, three (3) Business Days after being deposited in the United States mail as set forth above, (iii) on the next Business Day after the day the notice or document is provided to a nationally recognized carrier to be delivered as set forth above, or (iv) if sent by email, the next Business Day. A confirmation of delivery report which reflects the time that the email was delivered to the recipient's last notified email address is prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the recipient. For purposes of this Agreement, “Business Day" means any day other than a Saturday, Sunday, or federal, state, or local holiday which is recognized by City and in which City’s offices are closed to the general public for business. A party may designate another notice address within the continental United States for purposes of this Agreement by giving the other parties not less than ten (10) days advance written notice of such change of address in accordance with the provisions of this section. 15. Miscellaneous. This Agreement is subject to the following additional provisions and conditions: (a) Entireties. This Agreement contains the entire agreement of the parties pertaining to the purchase and sale of the Property. PAGE 12 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. (b) Modifications. This Agreement may only be modified by a written document signed by both parties. (c) Assignment. Purchaser may not assign its rights under this Agreement without the written consent of Seller, which may be withheld at Seller’s sole discretion; provided, however, Purchaser may assign all of Purchaser’s rights, title, and interest in this Agreement to an affiliate without the written consent of Seller if (i) such assignment is made in a writing in which the affiliate agrees to assume all of Purchaser’s rights and obligations under this Agreement and (ii) written notice of such assignment is delivered to Seller and the Title Company not later than five (5) days prior to the Closing Date. Upon any assignment of the Agreement by Purchaser, Purchaser will remain liable for all obligations of Purchaser hereunder, but such assignee will succeed to all of the rights and obligations of Purchaser hereunder and will, for the purposes hereof, be substituted as and be the Purchaser hereunder. For purposes of this paragraph (c), “affiliate” means any entity that owns or controls, is owned or controlled by, or is under common ownership or control with, Purchaser, or any entity the ownership of which is substantially the same as the ownership of Purchaser. (d) Time is of the Essence. Time is of the essence with respect to the performance by the parties of their respective obligations hereunder. (e) Effective Date. The Effective Date of this Agreement shall be the last date on which the authorized representatives of all parties have signed this Agreement, and the Title Company has acknowledged in writing its receipt of this Agreement as so signed. (f) Deadlines and Other Dates. All deadlines in this Agreement expire at 5:00 p.m. Central Time on the day of such deadline. If the final date of any period provided herein for the performance of an obligation or for the taking of any action falls on a Saturday, Sunday, federal holiday, or a day on which City’s main offices are not open to the general public for regular business, then the end of such period shall be extended to the next Business Day. (g) Brokers. Other than Purchaser’s Broker, the parties represent and warrant they worked with no other real estate broker or agent relative to this transaction and that no brokerage commission is due and payable upon the Closing other than to Purchaser’s Broker who will be paid by Purchaser pursuant to a separate written agreement. To the extent allowed by law and except in relation to Purchaser’s Broker, each party shall indemnify each other from any claim for brokers’ commissions relative to the sale of the Property and alleged to be due by, through or under the indemnifying party. (h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original for all purposes and constitute one and the same instrument; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Copies of executed counterparts, and executed counterparts delivered by facsimile or email/PDF shall have the same force and effect as wet-signed original counterparts. (i) Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (j) Law Governing. This Agreement shall be construed under and in accordance with the laws of the State of Texas; and venue for any action arising from this Agreement shall be in the State District PAGE 13 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. Court of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court in any such action. (k) Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive. (l) Headings. Section headings are for convenience of reference only and do not modify or restrict any provisions hereof and shall not be used to construe any provisions. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] PAGE 14 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. The parties have executed and delivered this Agreement as of the Effective Date. For Seller/City: CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay, City Manager Date: For Purchaser: [_________________________] By: Sanford P. Aron, Principal Date: RECEIPT OF CONTRACT Title Company acknowledges receipt of a copy of this Agreement executed by both Purchaser and Seller on ____________________, 2025. By:______________________________________ Name:____________________________________ Title:_____________________________________ PAGE 1 PURCHASE AND SALE AGREEMENT BETWEEN CITY OF COLLEYVILLE AND SANFORD P. ARON, TRUSTEE. Exhibit A Property Description City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 6a Agenda Date 1/6/2026 Number Ordinance O-26-2357 Type Ordinance Department Finance Title Amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Explanation First Reading and Public Hearing On November 15, 2016, the City Council approved Ordinance O-16-1996, implementing the recommendations of the Water and Wastewater Rate Advisory Committee. This ordinance established a new rate structure in which City operating costs are recovered through base rates and volumetric rates are set to pass through the costs charged by the Trinity River Authority (TRA). The base and volumetric rates are reviewed and updated on an annual basis. The new base rates are reflected in the bills sent out in October to coincide with the City's fiscal year, while the new volumetric rates are reflected in the bills sent out in January to coincide with TRA's rate change. This agenda item provides for formal consideration and approval to amend Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, to reflect the proposed new pass through rates to be in effect starting with the January billing for December's usage as follows: Water Rates Staff recommends consideration of increasing the current water volumetric rate from $6.2446 to $6.6587. The largest FY26 budgetary increases for the Trinity River Authority are related to debt service and raw water costs. Wastewater Rates Staff recommends consideration of increasing the current wastewater volumetric rate from $4.3115 to $4.7853. The largest FY26 budgetary increases for the Trinity River Authority Wastewater Treatment are related to debt service. Financial Impact Adoption of this ordinance will provide the revenue to recover the costs from TRA. City of Colleyville Page 2 City Council Agenda Briefing 6a Recommendation Approve Attachments 1. Volumetric Rates Presentation FY26 2.Ordinance O-26-2357 FIRST READING AND PUBLIC HEARING ORDINANCE O-26-2357 CITY Monthly Base Rate (Min. Bill) TRA Volumetric Charge Total Bill §TRA bills Colleyville for water and wastewater treatment. §WATER: Based on volume of treated water purchased §WASTEWATER: Based on volume of wastewater treated §Effective Date: February 1 §Colleyville bills customers: §A base rate to recover the operating costs. §A volumetric rate based on projected payments to TRA §Fixed monthly charges calculated based on the amount of revenue necessary to recover the City’s operating costs. §Water Base Rate §Wastewater Base Rate §Capital Improvement Plan (CIP) Rate §Effective Date: October 1 FIRST READING AND PUBLIC HEARING ORDINANCE O-26-2357 Water 2025 2026 OM $3.4440 $3.4440 Debt $2.5032 $2.7960 $5.9472 $6.4648 8.70% WW 2025 2026 OM $1.5830 $1.9027 Debt $2.5232 $2.7432 $4.1062 $4.6459 13.14% FIRST READING AND PUBLIC HEARING ORDINANCE O-26-2357 Capital Utility Fund Projects (5-year CIP) $ 3,690,000 $ 2,900,000 $ 2,300,000 $ 1,625,000 $ 2,150,000 $ 12,665,000 FY26 TRA Rate Proposed CIP Add-on Added CIP Revenue New FY26 TRA Rate $ 6.4648 $0.1939 $669,125 $ 6.6587 $ 4.6459 $0.1394 $148,684 $ 4.7853 Summary: §$12.7M in utility CIP projects over next 5 years §Adding 3% to TRA rate will generate est. $4.1M in CIP revenue over 5 years §This strategy will help cash-fund projects to avoid debt §Based on average usage of 8.2 mgd water/3.0 mgd ww 1%3%5%7%9% Water Rate $0.0646 $0.1939 $ 0.3232 $ 0.4525 $ 0.5818 WW Rate $0.0465 $0.1394 $ 0.2323 $ 0.3252 $ 0.4181 Water Annual $223,041.65 $ 669,124.96 $ 1,115,208.26 $ 1,561,291.56 $ 2,007,374.87 WW Annual $49,561.20 $ 148,683.60 $ 247,806.00 $ 346,928.40 $ 446,050.80 Total Utility $272,602.85 $ 817,808.56 $ 1,363,014.26 $ 1,908,219.96 $ 2,453,425.67 Total 5-Year $ 1,363,014.25 $ 4,089,042.80 $ 6,815,071.30 $ 9,541,099.80 $ 12,267,128.35 FIRST READING AND PUBLIC HEARING ORDINANCE O-26-2357 TRA Rate Increase Only: Current bill – $342.36 New bill - $353.28 Increase - $10.92 / TRA TRA Rate Increase Plus CIP: Current bill – $342.36 New bill - $361.34 Increase - $18.98 ($10.92 / TRA; $8.06 / City CIP) ORDINANCE O-26-2357 AMENDING SECTION 3 – SERVICE CHARGES OF THE WATER AND SEWER POLICY AND PROCEDURE MANUAL OF THE CITY OF COLLEYVILLE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, water and wastewater base rates are set to recover the City’s annual operating costs for the utility system; and WHEREAS, the Fiscal Year 2026 Utility Fund operating budget has been proposed and the required base rates to fund said budget have been calculated; and WHEREAS, the FY26 – FY30 Capital Improvement Plan has been proposed and the required capital improvement rates to fund said plan have been calculated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 3 – Service Charges of the Water and Sewer Policy and Procedure Manual of Colleyville, Texas, which is “Appendix A” of the Colleyville Code be replaced in its entirety to read as follows: Sec. A. - Water rates. The following base and volumetric charges shall apply to residential and non- residential water customers. Base charges for out-of-city customers shall be $4.00 higher than the charge for in-city customers. Base charge per month for in-city customers: Water meters 1 inch or less $18.24 Water meters of 1.5 inches $36.48 Water meters of 2 inches $58.37 Water meters of 3 inches $109.45 Water meters of 4 inches $182.41 Base charge per month for out-of-city customers: Water meters 1 inch or less $22.24 Water meters of 1.5 inches $40.48 Water meters of 2 inches $62.37 Water meters of 3 inches $113.45 Ordinance O-26-2357 Page 2 of 5 Water meters of 4 inches $186.41 Volumetric charge per 1,000 gallons $6.6587 Rates for fire hydrant meters: The use of fire hydrant meters shall only be allowed within the Colleyville city limits. The use of the fire hydrant meters shall be limited to a period of no more than 90 cumulative calendar days. Under special conditions, a customer may submit a written request to the public works department for use of a fire hydrant meter for a period longer than 90 cumulative calendar days, subject to public works director approval. In considering special condition(s), the public works director shall not consider requests which are necessary to relieve a self-created or personal hardship, failure of performance by a contractor, nor for financial reasons. In considering the customer request, the public works director shall solicit the recommendation of the fire chief and fire marshal in consideration of the request. Further, the public works director shall consider alternative means available to the customer. If special condition(s) are approved by the public works director, in no case shall the meter be used for more than an additional 30 calendar days. The public works director may provide a written ruling within 15 working days of receipt of the customer's written request. In the event a request for special condition(s) is denied by the public works director, customer shall, within 14 calendar days, make written appeal to the city manager of the public works director's decision. The city manager shall render a written decision within 30 working days of receipt of the customer's appeal. Such decision by the city manager shall be final and not appealable to the city council. For purposes of this section, written communication shall be considered communication, which is deposited with the United States Postal Service for delivery. The user must submit in writing, the location of where the meter will be used and such meter shall be used exclusively at the location on record with the city. For purposes of this section, the use of a meter shall be allowed cumulatively for only one location within an individual subdivision and/or development. For a period of 90 cumulative calendar days after a meter is returned and read by the city, a user shall not be permitted to check out another meter for use at the same designated location, as defined herein. Ordinance O-26-2356 Page 3 of 5 The monthly base charge for a fire hydrant meter shall be $50.00. Water usage for a fire hydrant meter shall be charged at the same volumetric rate as all other water customers. The customer shall be in possession of and responsible for the meter. The customer will be responsible for bringing the meter to the public works service center by the 20th of each month for reading. The customer is required to use a proper fire hydrant wrench for operation of the fire hydrant. The customer shall be responsible for any damage and repair, as reasonably determined by the city, to the fire hydrant or the fire hydrant meter by the use of a temporary water meter. The customer will be required to provide for any backflow device necessary to meet the current city ordinance for protection of the city's drinking water supply. The City of Colleyville, Tarrant County, and Texas Department of Transportation (TxDOT) shall be exempt from the provisions of this policy. Sec. B. - Sewer rates. This schedule of rates per month or fraction thereof shall be the basis for determining charges to all customers for rendering sanitary sewage service, where the sewage produced by such customer is a normal strength wastewater (170 mg/l BOD and 260 mg/l suspended solids) and where such customer is located within the City of Colleyville. The base charge for non- residential customers shall be $6.00 higher than the charge for residential customers. A base charge per month shall be charged as follows: Residential customers $15.49 Non-residential customers $21.49 A monthly sewer volume charge shall also be charged to all customers as set forth hereinafter. The sewer volume charge for residential customers will be based upon the individual customer's average monthly water use during the months of December, January and February. Where no preceding winter quarter average is available from records, a volume of 9,000 gallons shall be used for this volume charge. The monthly sewer volume charges to commercial and industrial class customers will be based on total water use each month as measured by appropriate meters, with the provision that if a customer can show to the Ordinance O-26-2356 Page 4 of 5 satisfaction of the public works director that a significant portion of the metered water usage does not enter the sanitary sewers, the customer will be charged for only that volume entering the sewers, as determined by a method approved by the director of public works. Volumetric rate per 1,000 gallons: $4.7853 Sec. C. – Capital Projects rates. The following base charges shall apply to residential and non-residential customers to provide funding for utility capital projects necessary to maintain the utility system: Base charge per month for in-city and out-of-city customers: Water meters 1 inch or less $5.83 Water meters of 1.5 inches $10.78 Water meters of 2 inches $16.74 Water meters of 3 inches $30.63 Water meters of 4 inches $50.46 Sec. D. – Billing; delinquent penalty. All charges for services furnished or rendered by the City of Colleyville Utility Department are due and payable on the date bill is received. If payment is not received within sixteen days of the billing date a (10%) penalty will be imposed for failure to pay by the due date of the bill. In the event the meter is not delivered to the city for reading, a penalty fee would be imposed as follows: $100.00 1st missed reading $200.00 2nd missed reading $300.00 3rd missed reading After the third missed reading, the security deposit will be forfeited and the City of Colleyville will revoke the use of the fire hydrant meter. Sec. E. – Discontinuance of service, notice; reconnection fee. In the event that any month's charges remain delinquent and unpaid at the time of a subsequent billing's due date, the user or customer shall receive a cut-off notice which will be mailed no later than two working days after the Ordinance O-26-2356 Page 5 of 5 subsequent billing's due date. Services will be disconnected if any arrearages over 30 days are not paid within six working days of the cut-off notice. Where service has been discontinued for failure to pay for service rendered, a charge of $25.00 shall be made for each meter disconnected before said service shall be restored. In the event the customer requests reconnection at hours other than 8:00 a.m. to 4:30 p.m., said reconnect fee shall be increased to $75.00. Sec. 2. THAT the effective date of this ordinance shall be for the bills sent out starting February 1, 2026. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of January 2026. The second reading and public hearing being conducted on the 20th day of January 2026. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 20TH DAY OF JANUARY 2026. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 7a Agenda Date 1/6/2026 Number Resolution R-26-5106 Type Resolution Department Community Development Title Consideration of a Replat for Lots 1R, 2R, and 5 - 7, Block 1, Northeast Professional Park, located at 1105 Professional Court and 5301 Colleyville Boulevard, Case PC25-022 Explanation Reading and Public Hearing Andrea Petty, the applicant, has submitted a replat for Lots 1R, 2R, and 5 - 7, Block 1, Northeast Professional Park, being approximately 2.81 acres, and zoned CPO Professional Office. The request is to replat five lots and dedicate easements necessary for development. The proposed plat will meet the minimum requirements of the Land Development Code and/or other applicable city standards, codes, or policies. Existing Conditions/Background: The subject property is zoned CPO Professional Office. It is located northeast of the intersection of Colleyville Boulevard and Main Street. It is partially developed with an office building on the existing Lot 1, with the remainder of the property undeveloped. Analysis: The applicant is requesting to replat the property to subdivide two lots into five lots for future development. Plat Status: The subject property is currently platted as Lots 1 and 2, Block 1, Northeast Professional Park. DRC Review: The DRC reviewed the request during their November 17, 2025, meeting and determined the case would be scheduled for the December 8, 2025, Planning and Zoning Commission meeting. Surrounding Development: The properties to the north and south are zoned CC-1 Village Retail; the property to the north is improved with commercial uses and the property to the south is the Richard Newton Fire Station. The properties to the east are zoned CC-2 Shopping Center and improved with commercial uses. The properties to the west, across Colleyville Boulevard, are zoned PUD-C Planned Unit Development - Commercial and are improved with commercial and residential uses. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for commercial development. The proposed request complies with the future land use designation. City of Colleyville Page 2 City Council Agenda Briefing 7a Public Notification: Staff mailed notices to all property owners within 500 feet, as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per the Land Development Code. Notice was published in the Fort Worth Star- Telegram, as required by the Land Development Code. Financial Impact There is no financial impact to the City. Recommendation None Attachments 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Plat Exhibit 5. Notification Letter 6. Notification Map 7. Resolution R-26-5106 MA I N S T CH U R C H S T PLEASANT RUN RDPROFESSIONAL CT OAK TIMBERS CTCOLLEYVILLE BLVDRIVERWALKDRSAN GABRIEL AVERIVERWALK CT NUECES CT GUADALUPE CT STONEBRIDGEDRMISS ION LNTHOMPSONTERRK Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC25-022 1105 Professional Court Aerial Map MA I N S T CH U R C H S T PLEASANT RUN RDPROFESSIONAL CT OAK TIMBERS CTCOLLEYVILLE BLVDRIVERWALKDRSAN GABRIEL AVENUECES CT GUADALUPE CT STONEBRIDGEDRMISS ION LNTHOMPSONTERRAG CC-1 CC-1 CPO AG CC-1 PUD-C CN AG CN CC-1 PUD-R CN PUD-C CN R-20 CC-2 RE CC-1 PUD-R PUD-C AG PUD-C PUD-C K Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC25-022 1105 Professional Court Zoning Map MA I N S T CH U R C H S T PLEASANT RUN RDPROFESSIONAL CT OAK TIMBERS CTCOLLEYVILLE BLVDRIVERWALKDRSAN GABRIEL AVERIVERWALK CT NUECES CT GUADALUPE CT STONEBRIDGEDRMISS ION LNTHOMPSONTERRK Residential Institutional Colleyville Blvd Corridor Open Space; Parks Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC25-022 1105 Professional Court Future Land Use Map NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, December 8, 2025, at 7:00 p.m. City Council Meeting: Tuesday, January 6, 2026, at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Replat for Lots 1R, 2R, and 5-7, Block 1, Northeast Professional Park, located at 1105 Professional Court and 5301 Colleyville Boulevard. The request is to create five lots and dedicate easements necessary for development. Zoning Case: PC25-022 Applicant: Andrea Petty Owner: Barnard Partners Location: 1105 Professional Court and 5301 Colleyville Boulevard Property Description: Lots 1R, 2R, and 5-7, Block 1, Northeast Professional Park Present Zoning: CPO Professional Office This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing to the address or email below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Citizenletters@Colleyville.com NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1050. Please reference the case number when requesting information. Daniel Ponder Daniel Ponder Planning Manager 5232 5300 1007 5200 5405 5505 5300 5401 805 5405 5500 1109 5005 5105 5101 5108 5309 5301 1105 11045303 5112 5113 5012 5020 5024 5100 5104 5108 5112 5116 5120 5124 5200 5204 5000 5004 5008 5012 5016 5004 5310 5320 1105 1104 1105 1104 1105 1104 1116 1200 5131 5129 5125 5121 5117 5113 5109 5105 5101 5013 5009 50051104 5105 5109 5113 5117 5121 5125 5129 5112 5005 5009 5013 5017 5021 5025 5029 5101 5104 5108 1300 5004 5008 5012 5016 5020 5024 5028 5100 5307 5504 5412 5510 5301 5309 5100 5016 5010 5017 5025 5101 5115 5104 5113 5121 5201 5017 5021 5025 5109 5113 56055501 5601 5505 5509 1205 1221 1201 5199 5311 17 13 13 38 41 5000 5201 5201 5204 14 16 1009 5209 5301 5201 5150 5413 5108 5226 5312 5313 5005 5013 5100 5109 5104 MA I N S T CH U R C H S T PLEASANT RUN RDPROFESSIONAL CT OAK TIMBERS CTCOLLEYVILLE BLVDRIVERWALKDRSAN GABRIEL AVERIVERWALK CT NUECES CT GUADALUPE CT STONEBRIDGEDRMISS ION LNTHOMPSONTERRK Subject Property Buffer Parcels to be notified DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC25-022 1105 Professional Court Notification Map RESOLUTION R-26-5106 A RESOLUTION APPROVING A REPLAT FOR THE LOTS 1R, 2R, AND 5-7, BLOCK 1, NORTHEAST PROFESSIONAL PARK WHEREAS, the Planning and Zoning Commission recommended approval of the Replat for Lots 1R, 2R, and 5 - 7, Block 1, Northeast Professional Park on December 8, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Replat for Lots 1R, 2R, and 5 - 7, Block 1, Northeast Professional Park, being approximately 2.81 acres, attached as Exhibit “A" - Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 6TH DAY OF JANUARY 2026. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye Kimberly Holt Gunderson, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor Exhibit “A” - Plat Exhibit City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 7b Agenda Date 1/6/2026 Number Resolution R-26-5107 Type Resolution Department Community Development Title Consideration of a Variance to the lot size (area and depth) regulations of the AG Agricultural district on Lot 1, Block 1, of the P.R.J. Acres addition, located at 2208 Glade Road, Case VC25-007 Explanation Reading and Public Hearing Claffey Pools, the applicant, has submitted a request for a variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for the lot size (area and depth) regulations in the AG Agricultural district. The request is to allow for the construction of a detached cabana. The lot area is 39,223 square feet and the depth is 198 feet. Existing Conditions/Background: The subject property, 2208 Glade Road, is zoned AG Agricultural and developed with a single-family home. Requested Variance: The applicant is requesting a variance to the lot area and depth regulations, to allow for a detached cabana to be constructed. The AG zoning district requires a minimum of 130,680 square feet for the lot area and 300 feet for lot depth. The variance would allow for the existing lot area of 39,223 square feet and lot depth of 198 feet. Ordinance – Chapter 3 – Land Use – Section 3.24.G Schedule of District Regulations The minimum standards for the AG zoning district are as follows: Minimum Lot Size 130,680 square feet (39,223 sq ft) Minimum Lot Depth 300 feet (198 feet) Analysis: A variance to the lot size (area and depth) is required to allow the ability to apply for and receive the necessary building permit to build a new detached cabana. Plat Status: The property is currently platted as Lot 1, Block 1, of the P.R.J. Acres Addition. DRC Review: The DRC reviewed the request during their December 22, 2025, meeting and determined the case would be scheduled for the January 6, 2026, City Council meeting. City of Colleyville Page 2 City Council Agenda Briefing 7b Drainage: N/A Surrounding Development: The properties to the north and south are zoned R-20 Single Family Residential and are improved with single family homes. The lot to the east is zoned R-30 Single Family Residential and is improved with a single family home. The lot to the west is zoned R-40 and is improved with a single family home. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Financial Impact There is no financial impact to the City. Recommendation None Attachments 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Site Plan Exhibit 5. Construction Plan Set 6. Impervious Coverage Calculations 7. Notification Map 8. Notification Letter 9. Resolution R-26-5107 GLADE RDGREEN HILL LNSUMMERBROOKDRBELDONTRDA N BURY D R NORWALK DR BILL SIMMONS RDPATTERSON LNJIM MITCHELL TR WJIM MITCHELL TR EMONTCLAIR DRK Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC25-007 2208 Glade Road Aerial Map GLADE RDGREENHILLLN SUMMERBROOKDRBELDONTRDA N BURY D R NORWALK DR BILL SIMMONS RDPATTERSON LNJIM MITCHELL TR WJIM MITCHELL TR EMONTCLAIR DRR-40 AG AG AG PUD-R R-20 R-30 R-30 R-20 RE K Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC25-007 2208 Glade Road Zoning Map 5114 5110 5106 5008 2016 2016 5000 5102 2406 2404 4904 4900 23172301 4901 2313 4913 4816 4820 4909 4905 4901 4821 4817 4813 4809 4805 4800 2113 4808 4800 4724 4720 5016 2200 2208 2209 4900 4801 4811 4708 4600 2308 4800 4804 4708 4800 4712 4804 4808 4709 4913 4905 4809 4808 4904 4912 4812 4820 4816 4812 4801 4723 2205 5113 2402240023082306230423022300 2212 2301 2402240023082306230423022300 2303 2305 2307 2309 2401 2403 2405 2404 2301 5004 5002 5000 2303 2305 2307 2309 2401 2403 5006 22082206 2204 2208 2209 2209 5007 5005 5108 5106 5104 5102 5100 5008 5006 2300 5105 5001 2400 4809 4808 48044807 2201 4905 5017 2112 5101 2309 4801 4805 4705 GLADE RDGREEN HILL LNBELDONTRD A N B U R Y D R NORWALK DR BILL SIMMONS RDPATTERSON LNJIM MITCHELL TR WJIM MITCHELL TR EMONTCLAIR DRK Residential Water Body Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC25-007 2208 Glade Road Future Land Use Map Grade OffGMGASGASERPZEE E E E E EEEEEEEE48'-6" TO PROPERTY23'-8" TO PROPERTY19'-11" TO POOL12'-7" TO RESIDENCE NEW DRIVEWAY EXTENSION(600 SQ.FT.)CABANA ELECTRIC (20 AMPS)Surface Flow Surface Flow7.5' DRAINAGE & UTILITY EASEMENT40' BUILD LINE18" CATCH BASIN1625 BRUMLOW AVE. SOUTHLAKE, TEXAS 76092 (817) 488-5795 PHONE (817) 421-2670 FAX P.O. BOX 92278CLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLS CLAFFEY POOLSCLAFFEY POOLS PAGE NUMBER:ABCDSOLD DATE:PLAN NUMBER:INITIAL PLAN SET ISSUE:MASTER PLAN SET ISSUE:SALES CONTACT:DRAFTED BY:REVISIONS:CHECKED BY:PERMIT SET ISSUE / BY:THE NESBITT RESIDENCE 2208 GLADE ROAD COLLEYVILLE,TEXAS 76034 P.R.J. ACRES LOT: 1 / BLOCK: 11397710-24-202500-00-000000-00-0000SHELLY CLAFFEYDILLON JENSENCheckerA.1EMM11-13-2025SCALE: 116" = 1'-0"SITE PLANNSUPERINTENDENT:LONG PLUMB WITH EQUIPMENTSHORT STUBTO BE DETERMINEDEXPECTED NUMBER OF DIG DAYSUTILITIES:ELECTRIC - EQUIPMENT TO CABANA @ 147'PERMIT SET11-13-2025"NO DIVING"THIS POOL DESIGN DOES NOT MEETDIVING POOL CODE PARAMETERS"NO DIVING"X 3.5'4'5'97'-0"100'-0"98'-6"98'-6"EEEEEEEEEEEEEEEEEEXISTING COVERED PATIO4" SYSTEM (DECK DRAINS)GradeOffSurface FlowGradeOff98'-0"98'-0"4" SYSTEM (DECK DRAINS)16'-0" X 26'-0" HIPPED ROOF CABANA(336 SQ.FT.)CABANA TO BE CENTERED ON DOORWAY4" SYSTEM (DOWNSPOUTS)6" STEP9'-0"98'-0"CENTER CABANA ON DOOR EXISTINGDECKINGWALLS / POOLCABANA ELECTRIC SEE PAGE A.1(20 AMPS)(1) 6" STONE STEP1625 BRUMLOW AVE. SOUTHLAKE, TEXAS 76092 (817) 488-5795 PHONE (817) 421-2670 FAX P.O. BOX 92278CLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLS CLAFFEY POOLSCLAFFEY POOLS PAGE NUMBER:ABCDSOLD DATE:PLAN NUMBER:INITIAL PLAN SET ISSUE:MASTER PLAN SET ISSUE:SALES CONTACT:DRAFTED BY:REVISIONS:CHECKED BY:PERMIT SET ISSUE / BY:THE NESBITT RESIDENCE 2208 GLADE ROAD COLLEYVILLE,TEXAS 76034 P.R.J. ACRES LOT: 1 / BLOCK: 11397710-24-202500-00-000000-00-0000SHELLY CLAFFEYDILLON JENSENCheckerA.2EMM11-13-2025SCALE: 18" = 1'-0"PROJECT DETAILPERMIT SET11-13-2025N"NO DIVING"THIS POOL DESIGN DOES NOT MEETDIVING POOL CODE PARAMETERS"NO DIVING"FINISH POOL ELEVATION: 98'-0" 8'-1"2'-11"24'-0"14'-0"11"2478+ 2 48 1625 BRUMLOW AVE. SOUTHLAKE, TEXAS 76092 (817) 488-5795 PHONE (817) 421-2670 FAX P.O. BOX 92278CLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLS CLAFFEY POOLSCLAFFEY POOLS PAGE NUMBER:ABCDSOLD DATE:PLAN NUMBER:INITIAL PLAN SET ISSUE:MASTER PLAN SET ISSUE:SALES CONTACT:DRAFTED BY:REVISIONS:CHECKED BY:PERMIT SET ISSUE / BY:THE NESBITT RESIDENCE 2208 GLADE ROAD COLLEYVILLE,TEXAS 76034 P.R.J. ACRES LOT: 1 / BLOCK: 11397710-24-202500-00-000000-00-0000SHELLY CLAFFEYDILLON JENSENCheckerA.4EMM11-13-2025SCALE: 18" = 1'-0"HARDSCAPE LAYOUTPERMIT SET11-13-2025N SWITCHES:- SWITCH/RHEOSTAT FOR FAN- SWITCH/DIMMER FOR CAN LIGHTSCEILING FAN(1 OF 6) 18" X 18" X 9'COLUMNS W/ 4" METAL POSTS01O.402O.4(1 OF 4) CAN LIGHTS1'-6"11'-0"1'-6"14'-0"1'-6"9'-9"1'-6"24'-0"9'-9"1'-6"+72+12NOTE:- VERIFY OUTLET LOCATIONS- VERIFY SWITCH LOCATION26'-0"16'-0" 1625 BRUMLOW AVE. SOUTHLAKE, TEXAS 76092 (817) 488-5795 PHONE (817) 421-2670 FAX P.O. BOX 92278CLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLS CLAFFEY POOLSCLAFFEY POOLS PAGE NUMBER:ABCDSOLD DATE:PLAN NUMBER:INITIAL PLAN SET ISSUE:MASTER PLAN SET ISSUE:SALES CONTACT:DRAFTED BY:REVISIONS:CHECKED BY:PERMIT SET ISSUE / BY:THE NESBITT RESIDENCE 2208 GLADE ROAD COLLEYVILLE,TEXAS 76034 P.R.J. ACRES LOT: 1 / BLOCK: 11397710-24-202500-00-000000-00-0000SHELLY CLAFFEYDILLON JENSENCheckerO.1EMM11-13-2025SCALE: 14" = 1'-0"CABANA LAYOUTPERMIT SET11-13-2025N 02O.201O.298'-3.5 = TOP OF SLABNOMINAL SLOPE TO DRAIN24'-0"11'-6"14'-0" 6'-6"6'-6" 1'-0"1'-0"1'-0"11'-6"1'-0"24'-0"11'-3"11'-3"14'-0" 9"9"12'-6"9"9"DRAINDRAIN#5 BARS @ 18" O.C.B.W.6"24"12"4" MIN.#5 BARS @ 18" O.C.B.W.EXISTING GRADE(2) #5'S TOP & BOTTOM#5 L-BARS @ 36" OC W/24" HORIZONTAL LEG98'-3.5"98'-6"DRY LAID PAVER CAP#5 BARS @ 18" O.C.B.W.#5 L-BARS @ 36" O.C.W/ 24" HORIZONTAL LEG(2) #5'S TOP & BOTTOMEXISTING GRADE12"24"6"4" MIN.98'-3.5"1 OF 4) 98'-6"DRY LAID PAVER CAP4" x 4" STEEL POST1 OF 4) 12" DIA. HILTI CONCRETE SCREWS0R EQUAL, 5"MINIMUM EMBEDMENT8"8"1"1"BASE PL 14 X 8 X 8W/ 4) 12" DIA HOLES6"24"12"4" MIN.#5 BARS @ 18" O.C.B.W.EXISTING GRADE(2) #5'S TOP & BOTTOM#5 L-BARS @ 36" OC W/24" HORIZONTAL LEG98'-3.5"98'-6"DRY LAID PAVER CAP1625 BRUMLOW AVE. SOUTHLAKE, TEXAS 76092 (817) 488-5795 PHONE (817) 421-2670 FAX P.O. BOX 92278CLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLS CLAFFEY POOLSCLAFFEY POOLS PAGE NUMBER:ABCDSOLD DATE:PLAN NUMBER:INITIAL PLAN SET ISSUE:MASTER PLAN SET ISSUE:SALES CONTACT:DRAFTED BY:REVISIONS:CHECKED BY:PERMIT SET ISSUE / BY:THE NESBITT RESIDENCE 2208 GLADE ROAD COLLEYVILLE,TEXAS 76034 P.R.J. ACRES LOT: 1 / BLOCK: 11397710-24-202500-00-000000-00-0000SHELLY CLAFFEYDILLON JENSENCheckerO.2EMM11-13-2025SCALE: 14" = 1'-0"CABANA FOUNDATION PLANPERMIT SET11-13-2025NDesign In Accordance To2018 IRC02INTERIOR GRADE BEAMSCALE: 1/2" = 1'-0"01EXTERIOR GRADE BEAMSCALE: 1/2" = 1'-0"03METAL POST ON BEAMSCALE: 1/2" = 1'-0" 26'-0"16'-0"1'-9"1'-9"1'-9"1'-9"2" X 6" SYP RAFTERS @ 16 O.C.W/ T&G UNDER2" X 12" WRC CROSS BEAMSB.O.B. @ 9'-0" A.F.F.2" X 6" WRC FASCIA2" X 8" HIP BEAM2" X 8"RIDGE BEAM(1 OF 6) 4"X 4" METAL POSTSRE: 02 / O.111'-3"12'-6"11'-3"134" x 1178" LVL EXTERIORMAIN BEAM w/ 1x WRC WRAPB.O.B. @ 9'-0" A.F.F.2" X 12" INTERIORWRC MAIN BEAMSB.O.B. @ 9'-0" A.F.F.1625 BRUMLOW AVE. SOUTHLAKE, TEXAS 76092 (817) 488-5795 PHONE (817) 421-2670 FAX P.O. BOX 92278CLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLS CLAFFEY POOLSCLAFFEY POOLS PAGE NUMBER:ABCDSOLD DATE:PLAN NUMBER:INITIAL PLAN SET ISSUE:MASTER PLAN SET ISSUE:SALES CONTACT:DRAFTED BY:REVISIONS:CHECKED BY:PERMIT SET ISSUE / BY:THE NESBITT RESIDENCE 2208 GLADE ROAD COLLEYVILLE,TEXAS 76034 P.R.J. ACRES LOT: 1 / BLOCK: 11397710-24-202500-00-000000-00-0000SHELLY CLAFFEYDILLON JENSENCheckerO.3EMM11-13-2025SCALE: 14" = 1'-0"CABANA FRAMING PLANPERMIT SET11-13-2025NFRAMING CONNECTION NOTE:ATTACHMENTS FOR RAFTER TO BEAM SHALL BE WITH 0.189 INCH DIAMETER TEMBERLOK SCREWS OR APPROVED EQUALWITH 2 INCHES MINIMUM THREADED FASTER INTO SUPPORTING MEMBER. FOR CEDAR RAFTER TO MANUFACTURED BEAMS,AT LEAST 1 SCREW THROUGH TOP OF RAFTER INTO BEAM (ALLOWABLE UPLIFT 520 LBS. PER SCREW). FOR CEDAR RAFTER TOCEDAR BEAM, AT LEAST 2 SCREWS THROUGH TOP OF RAFTER INTO BEAM (ALLOWABLE UPLIFT 260 LBS. PER SCREW)FRAMING NOTE:ALL CABANA WOOD FRAMINGINDICATED ISRECOMMENDED MINIMUM.Design In Accordance To2018 IRC 98'-6"CEILING FAN(OWNER PROVIDED)18" X 18" X 9'-0"COLUMNS9'-0" VERIFY 13'-3" (14'-0 MAX)98'-3.5"98'-6"98'-3.5"DRYLIAD PAVER CAP18" X 18" X 9'-0" COLUMNSALUMINUM GUTTER1625 BRUMLOW AVE. SOUTHLAKE, TEXAS 76092 (817) 488-5795 PHONE (817) 421-2670 FAX P.O. BOX 92278CLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLSCLAFFEY POOLS CLAFFEY POOLSCLAFFEY POOLS PAGE NUMBER:ABCDSOLD DATE:PLAN NUMBER:INITIAL PLAN SET ISSUE:MASTER PLAN SET ISSUE:SALES CONTACT:DRAFTED BY:REVISIONS:CHECKED BY:PERMIT SET ISSUE / BY:THE NESBITT RESIDENCE 2208 GLADE ROAD COLLEYVILLE,TEXAS 76034 P.R.J. ACRES LOT: 1 / BLOCK: 11397710-24-202500-00-000000-00-0000SHELLY CLAFFEYDILLON JENSENCheckerO.4EMM11-13-2025SCALE: 14" = 1'-0"CABANA ELEVATIONPERMIT SET11-13-2025N01SOUTH ELEVATIONSCALE: 1/4" = 1'-0"02WEST ELEVATIONSCALE: 1/4" = 1'-0"128128 Grade OffGMRPZGradeOffSurface Flow48'-6" TO PROPERTY23'-8" TO PROPERTY19'-11" TO POOL12'-7" TO RESIDENCEGradeOffSurface FlowSurface FlowSurface Flow 5114 5110 5106 5008 2016 2016 5000 5102 2406 2404 4904 4900 2317 4901 2313 4913 4808 4816 4820 4900 4909 4905 4901 4821 4817 4813 4809 4805 4800 2113 4808 4800 4724 4720 5016 2200 2208 2209 4900 4801 4811 4708 4600 2308 4705 4709 4801 4805 4800 4804 4704 4708 4800 4712 4804 4808 4705 4709 4913 4905 4809 4808 4904 4912 4913 4905 48094812 4820 4816 4812 4801 4723 2205 5113 24042402240023082306230423022300 2212 2301 2402240023082306230423022300 2303 2305 2307 2309 2401 2405 2404 2301 5004 5002 5000 2303 2305 2307 2309 2401 2403 5006 22082206 2204 2208 2209 2209 5007 5005 5108 5106 5104 5102 5100 5008 5006 2300 5105 5001 2400 4809 4808 48044807 2201 4905 5017 2112 5101 2309 4801 4805 4705 GLADE RDGREEN HILL LNSUMMERBROOKDRBELDONTRDA N BURY D R NORWALK DR BILL SIMMONS RDPATTERSON LNJIM MITCHELL TR WJIM MITCHELL TR EMONTCLAIR DRK Parcels to be notified Buffer Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC25-007 2208 Glade Road Notification Map NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: City Council Meeting: Tuesday, January 6, 2026, at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a variance to the lot size (area and depth) regulations of the AG Agricultural district on Lot 1, Block 1, of the P.R.J. Acres Addition, being approximately 0.9 acres, and zoned AG Agricultural. The subject lot area is 39,223 square feet and the lot depth is 198 feet. The required lot area is 130,680 square feet and the required lot depth is 300 feet. The variance would allow for a detached cabana to be constructed. Zoning Case: VC25-007 Applicant: Claffey Pools Owner: William Nesbitt Location: 2208 Glade Road Property Description: Lot 1, Block 1, P.R.J. Acres Addition Present Zoning: AG Agricultural This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners’ associations within 1000 feet. This variance is being processed in accordance with Section 1.13 of the Land Development Code, which allows property owners to request a variance to deviate from the district development standards of the Land Development Code. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address or email below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Citizenletters@Colleyville.com NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1050. Please reference the case number when requesting information. Daniel Ponder Daniel Ponder Planning Manager RESOLUTION R-26-5107 A RESOLUTION APPROVING A REQUEST FOR A VARIANCE TO THE PROVISIONS OF SECTION 3.24.G SCHEDULE OF DISTRICT REGULATIONS OF THE LAND DEVELOPMENT CODE, SPECIFICALLY FOR LOT AREA AND DEPTH, IN THE AG AGRICULTURAL DISTRICT, FOR LOT 1, BLOCK 1, P.R.J. ACRES ADDITION, LOCATED AT 2208 GLADE ROAD NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the variance to allow for the lot area to be 39,223 square feet and the lot depth to be 198 feet, in the AG Agricultural district located at 2208 Glade Road (the “Property”), as depicted in Exhibit “A” and Exhibit “B” hereto, is approved. Sec. 2. THAT this Resolution shall become effective immediately upon passage; provided that, the variance for the Property shall become effective immediately upon the conditions stated herein being fully satisfied. AND IT IS SO RESOLVED. PASSED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 6TH DAY OF JANUARY 2026. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye Kimberly Holt Gunderson, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor Exhibit “A” Exhibit “B” City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 7c Agenda Date 1/6/2026 Number Resolution R-26-5108 Type Resolution Department Community Development Title Consideration of a Variance to the lot size (area and width) and street side yard setback regulations of the RD Two-Family Residential zoning district on Lot 23, Block 4, of the Fox Meadows Addition, located at 3301 Huntington Drive, Case VC25-008 Explanation Reading and Public Hearing Todd Arnold, the applicant, has submitted a request for a variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for the lot size (area and width) and street side yard setback regulations in the RD Two-Family Residential district. The request is to allow for a detached accessory garage to be built. Lots zoned RD that are developed for single-family use are required to conform to the standards of the R-20 Single Family Residential zoning district. The requested street side yard setback is 25-feet; the required setback is 30 feet. The lot area is 12,400 square feet and the lot width is 90 feet. Existing Conditions/Background: The subject property, 3301 Huntington Drive, is zoned RD Two-Family Residential and developed with a single-family home. Requested Variance: The applicant is requesting a variance to the lot area, lot width, and street side yard setback regulations, to allow for a new accessory building to be built. The R-20 zoning district requires a minimum of 20,000 square feet for the lot area and 100 feet for lot width. The variance would allow for the existing lot area of 12,400 square feet and lot width of 90 feet, as well as allow for the new garage to be built at a 25-foot setback from the west property line. Ordinance – Chapter 3 – Land Use – Section 3.24.G Schedule of District Regulations The minimum standards for the R-20 zoning district are as follows: Minimum Lot Size 20,000 square feet (12,400 s.f.) Minimum Lot Width 100 feet (90 ft) Street Side Yard Setback 30 feet (25 ft) Maximum Lot Coverage 30% Maximum Impervious Coverage 60% Analysis: The subject property is requesting to have a variance to the lot size, City of Colleyville Page 2 City Council Agenda Briefing 7c specifically area and width, and required street side yard setback for a new accessory garage building. When a lot zoned RD is developed with a single-family residential use, the lot shall comply with the R-20 zoning district standards. A variance to the lot size (area and width) is required to allow the ability to apply for and receive the necessary building permit to build any new structure. The setback variance will allow for the garage to be built at a 25-foot setback, rather than a 30-foot setback. This would allow it to be in line with the existing home, which is placed at a 25-foot setback. Plat Status: The property is currently platted as Lot 23, Block 4, of the Fox Meadows Addition. DRC Review: The DRC reviewed the request during their December 22, 2025, meeting and determined the case would be scheduled for the January 6, 2026, City Council meeting. Drainage: N/A Surrounding Development: The properties to the north, south, east, and west are zoned RD Two-Family Residential and improved with single-family homes. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Financial Impact There is no financial impact to the City. Recommendation None Attachments 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Statement of Planning Objectives 5. Site Plan Exhibit 6. Floor Plan Exhibit 7. Elevations Exhibits 8. Notification Map 9. Notification Letter 10. Resolution R-26-5108 5304 5302 3306 3308 3310 3312 3314 3400 5300 5206 5204 5202 5200 3300 3302 3304 3307 5305 5303 3309 5301 5205 5203 3301 3303 3305 5202 5204 5300 5302 3401 5305 5303 5301 5205 5203 5202 5204 5300 5302 5304 5109 5201 52035204 5202 5200 5100 5100 5105 5107 3400 3400 5025 50025024 5029FOX TRAIL LNCLEARFIELD DR HUNTINGTON DRHUNTINGTONCT HOL L OWB R OOK C T K Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC25-008 3301 Huntington Drive Aerial Map 5101 5103 5105 5107 3104 5303 5305 5307 5301 340733053303 3301 5306 5304 34053403340133153313331133093307 5302 3306 3308 3310 3312 3314 3400 3402 3404 3406 5201 5300 5203 5205 5207 5206 5204 5202 5200 3300 3302 3304 3307 34023400331033083306330433023300 5305 5303 3309 5301 5205 5203 3301 3303 3305 5202 5204 5300 5302 3401 5305 5303 5301 5205 5203 5200 5202 5204 5300 5302 5304 5006 5109 5201 52035204 5202 5200 5100 5009 5101 5103 5105 5107 3400 3400 5025 5021 5017 5013 5002 5012 5016 5020 5024 5029 3408FOX TRAIL LNCLEARFIELD DR FOX GLEN DR HUNTINGTON DR STRATHMORE TERRBUGLE LNHUNTINGTONCTHOLLOWBROOKCTRD PUD-R AG PUD-R PUD-R K Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC25-008 3301 Huntington Drive Zoning Map 5103 5105 5107 3104 5303 5305 5307 5301 340733053303 3301 5306 5304 34053403340133153313331133093307 5302 3306 3308 3310 3312 3314 3400 3402 3404 3406 5201 5300 5203 5205 5207 5206 5204 5202 5200 3300 3302 3304 3307 34023400331033083306330433023300 5305 5303 3309 5301 5205 5203 3301 3303 3305 5202 5204 5300 5302 3401 5305 5303 5301 5205 5203 5200 5202 5204 5300 5302 5304 5006 5109 5201 52035204 5202 5200 5100 5009 5101 5103 5105 5107 3400 3400 5025 5021 50175016 5020 5024 5029 3408 FOX GLEN DR FOX TRAIL LNCLEARFIELD DR STRATHMORE TERRHUNTINGTON DR BUGLE LNHUNTINGTONCTOLD OAK LNHOL L OWB ROOK C T K Residential Open Space; Parks Water Body Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC25-008 3301 Huntington Drive Future Land Use Map Dahl Residence 3301 Huntington Dr. **Statement of Planning Objective 430 sq. ft. Detached Garage Addition** The objective of this planning effort is to design and construct a 430-square-foot detached garage addition that provides secure vehicle storage, enhances property functionality, and aligns with the architectural character of the existing residence. The project will evaluate optimal siting, access, and utility requirements to ensure efficient circulation, code compliance, and long-term durability. This plan aims to: 1. Provide a functional detached garage structure sized to accommodate two vehicles and storage needs. 2. Ensure compliance with municipal building code requirements, including foundation, structural framing, electrical service, and drainage considerations. 3. Integrate the new structure aesthetically with the primary residence through complementary materials, roofiines, and exterior flnishes. 4. Optimize site layout for driveway alignment, access, turning radius, and separation from existing buildings while maintaining proper drainage and grading. 5. Establish a clear basis for cost estimating, scheduling, and construction sequencing to allow efficient delivery of the project within the client’s budget and timeline. The outcome of this planning objective is to produce a well-deflned, coordinated plan that supports design approvals, accurate construction documentation, and successful execution of a detached garage addition that enhances both utility and property value. The Variance that is requested is to allow the proposed detached garage structure addition to be built at a side setback of 25’-0” that was in effect when the house was originally built and not the new setback of 30’-0”. This would keep the lines of the existing house and the new proposed detached garage consistent and not encroach on the pool area. 3006 3008 5201 3009 5109 5107 5105 5103 5101 5005 5003 5110 5108 5106 5104 5102 5100 5004 5002 5001 5003 5005 5101 5103 5105 5107 3100 3104 5303 5305 5307 5301 3303 3301 5306 5304 5302 3404 3406 5201 5300 5203 5205 52075206 5204 5202 5200 3300 3302 5305 5303 5301 5205 5203 5202 5204 5300 5302 5305 5303 5301 5205 5203 5202 5204 5300 5302 5304 5112 5117 5113 5109 5105 5101 5017 5013 5009 5005 5000 5001 5004 5008 5012 5016 5100 5104 5108 5000 5002 5004 5006 5001 5109 5201 52035204 5202 5200 5100 5003 5005 5007 5009 5101 5103 5105 5107 5008 3400 3400 3004 3008 5025 5021 5017 5013 5009 5005 50015000 5004 5008 5012 5016 5020 5024 5029 49054906 3304330233003206320432023200 3106 4906 490549064904 4904 3408 3404 3205 3209 GLADE RD WAYSIDE DR EDGEWOOD LN OVERHILLDRFOX TRAIL LNHUNTINGTON DR AUBURNDALEAVEBUGLE LNSPRINGSCTFOX MEADOWS DR FOX GLEN DR STRATHMORE TERROLDOAKLNHOLLOWBROOK CTK Subject Property Buffer Parcels to be notified DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC25-008 3301 Huntington Drive Notification Map NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: City Council Meeting: Tuesday, January 6, 2026, at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a variance to the lot size (area and width) and street side yard setback regulations of the RD Two-Family Residential district on Lot 23, Block 4, of the Fox Meadows Addition Addition, being approximately 0.28 acres, and zoned RD Two-Family Residential. Per Section 3.14 of the Land Development Code, when a property with RD zoning is developed with a single-family residential use, the property shall conform to the standards of the R-20 Single Family Residential zoning district. The proposed request is to build a detached accessory garage at a 25-foot street side yard setback; the required setback is 30 feet. The subject lot area is 12,400 square feet and lot width is 90 feet; the required lot area is 20,000 square feet and the lot width is 100 feet. Zoning Case: VC25-008 Applicant: Todd Arnold Owner: Dionn Dahl Location: 3301 Huntington Drive Property Description: Lot 23, Block 4, Fox Meadows Addition Present Zoning: RD Two-Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners’ associations within 1000 feet. This variance is being processed in accordance with Section 1.13 of the Land Development Code, which allows property owners to request a variance to deviate from the district development standards of the Land Development Code. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address or email below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Citizenletters@Colleyville.com NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1050. Please reference the case number when requesting information. Daniel Ponder Daniel Ponder Planning Manager RESOLUTION R-26-5108 A RESOLUTION APPROVING A REQUEST FOR A VARIANCE TO THE PROVISIONS OF SECTION 3.24.G SCHEDULE OF DISTRICT REGULATIONS OF THE LAND DEVELOPMENT CODE, SPECIFICALLY FOR LOT AREA, LOT WIDTH, AND STREET SIDE YARD SETBACK, IN THE RD TWO FAMILY RESIDENTIAL DISTRICT, FOR LOT 23, BLOCK 4, FOX MEADOWS ADDITION, LOCATED AT 3301 HUNTINGTON DRIVE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the variance to allow for the lot area to be 12,400 square feet, the lot width to be 90 feet, and the street side yard setback to be 25 feet for a new accessory garage in the RD Two Family Residential district located at 3301 Huntington Drive (the “Property”), as depicted in Exhibit “A” and Exhibit “B” hereto, is approved. Sec. 2. THAT this Resolution shall become effective immediately upon passage; provided that, the variance for the Property shall become effective immediately upon the conditions stated herein being fully satisfied. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE 6TH DAY OF JANUARY 2026. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye Kimberly Holt Gunderson, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor Exhibit “A” Exhibit “B” City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 9 Agenda Date 1/6/2026 Type Report Department City Secretary Title Colleyville Library Board Minutes - August 11, 2025 Attachments 1. Colleyville Library Board Minutes - August 11, 2025 City of Colleyville Page 1 CITY OF COLLEYVILLE COLLEYVILLE LIBRARY BOARD MINUTES 110 Main Street, Colleyville, Texas, 76034 MONDAY AUGUST 11, 2025 - 6:00 PM 1. CALL TO ORDER Chair Al Cain called the meeting of the Colleyville Library Board to order at 6:01 p.m. Present: Chair Al Cain, and Board members: Wanda Cotter, Kay Newton, Molly Skinner, Joseph Stout, Darrell Brown, David Thach, Denise Light. City staff: Library Director Jack Pawlowski and Library Outreach and Program Coordinator Dina Bayles. Absent: NA 2. APPROVAL OF MINUTES June 9, 2025 A motion was made by Darrell Brown and seconded by Kay Newton to approve the June 9, 2025 minutes. The motion was approved unanimously. 3. REGULAR AGENDA ITEMS 3a Update on the 2025 Summer Reading Program Jack Pawlowski provided statistics on the summer reading program being the second largest one on record, the largest being last year 2024. Total numbers being down by 64 patrons due to a slight decrease in youth participation. Teens were static and an increase in adults helped keep the numbers close. Program attendance down due to school visits no longer available in the district and no big Dinosaur George attraction. Finale attendance slightly down by about 200 due to a smaller event with less attractions and Heroes Park construction. However, Director Pawlowski reported the gate count was higher at 25,322 patrons visiting the library throughout summer reading and our circulation was up 10,000 compared to last year’s summer reading. It was an extremely busy and rewarding summer reading program. 3b Collection Development Policy Update Colleyville Library Board Minutes August 11, 2025 City of Colleyville Page 2 Director Pawlowski discussed the changes to the Collection Development Policy. The last formal review was in 2006 and revisions were addressed as necessary. Board member Darrell Brown asked about the percentage of materials removed from the collection. Director Pawlowski noted that the library’s collection typically ranges between 70,000 and 74,000 items. About 7,000 leased McNaughton titles are reviewed and returned annually if not added to the permanent collection. Adult and Youth Services staff follow regular schedules for collection updates, and additional adjustments were made to the audio and visual materials to create space for the Maker’s Space project. 3c Library Card Update and Redesign Director Pawlowski presented the design and process for our new pre-printed library cards. The cards will come with an additional key tag. The reason for the switch to pre-printed cards was to eliminate the need for two databases. Maintaining only one database allows for a more efficient process to issue library cards inside the library and off site at outreach events. Changes to juvenile library cards are also being implemented. The Juvenile Restricted library card has been expanded to include checkout from the Young Adult collection, whereas before it only limited DVD access. The other option available to parents is a full access card with no restrictions. Parents will still need to implement any digital restrictions they deem fit for their family. Discussion on the City creating one card that could be used for the Library, Senior Center and Recreation Center was had. 3d Library Advisory Board Meeting Dates Starting September 1, new laws passed with the agenda posting deadline of three business days versus 72 hours. Director Pawlowski proposed moving the board meeting from the second Monday to the third Monday. Some statistics cannot be generated until the second of the month which inhibits when statistics can be compiled in time for the meeting. The plan is to schedule meetings three times annually, in April, August, and December, to coincide with programming cycles. Director Pawlowski asked the board if moving from meeting six times per year to three times per year coinciding with programming cycles would be agreeable. Three meetings would be guaranteed with any additional meetings added as necessary, and the Advisory Board agreed. 3e Approval to use the Voluntary Library Fund in Fiscal Year 2026, for purchase of library materials, materials processing supplies, and library programs, in an amount not to exceed $195,000 Director Pawlowski requested funds of up to $195,000 for physical and digital material acquisitions, databases, Newsbank, Cloud Library, Flipster, Hoopla and other platforms. There was discussion about the water bill verbiage for the voluntary opt in of $4.00 and where those funds are allocated. It was noted that $2.00 goes Colleyville Library Board Minutes August 11, 2025 City of Colleyville Page 3 to the library and $2.00 goes to the Recreation department, and verification of the actual wording will be discussed with the Finance department. Discussion continued, including spending allocations to different funds, investments on funds and special project requests. Kay Newton made a motion to approve the use of funds not to exceed, with a second by Molly Skinner. The motion was approved. 3f Discussion of Items for Future Agendas Wanda Cotter inquired about the Maker’s Space progress. Physical modification of the room is being completed. Equipment coming in mid-September with training and policy planned for October and November. Marketing strategies will include a ribbon cutting, e-blast on social media, city videos, and e-news. Al asked if there would be a quilting machine, however at this point there is no space allocated or available for that size equipment. If demand changes, the space could be reconfigured to accommodate different needs 4. REPORTS 4a Librarian's Report A. Monthly Statistics Director Pawlowski noted the circulation statistics were up, while program attendance was strong but down a bit. Pre-k programs have taken some of our younger program attendance. Those offerings are less but we do have more adult, teen and tween programs. However, those are once per month as opposed to one to two times per week. B. Donations The library received a donation of $100 from the Colleyville Garden Club to purchase gardening books. C. Library Programs Fall registration opens on August 25th with programs starting on September 2nd. Most programs are live in the calendar and will be completely done this week. We advertise programs on social media and utilize Peach Jar to target parents and students in GCISD. An e-blast will go out with programming opportunities including Senior Saturdays, Teen Dungeons and Dragons, and Story Times. Story Time on the Plaza is scheduled for the month of September which will end with a butterfly release and craft on the 29th. We have adult craft, gardening and health classes going on Colleyville Library Board Minutes August 11, 2025 City of Colleyville Page 4 from September through November. Al Cain asked about the number of inactive library cards and Director Pawlowski explained that any card expired more than three years is purged from the database every April. Volunteer hours were good with NCL working the summer reading program kickoff, prize room, and the finale. Teen shelving is consistently good, with adult volunteering good as well. 4b Friends of the Colleyville Public Library Report Kay Newton discussed new officers voted in with Joan Roberts as new President. Ice cream sales after Thursday performers was successful. The Friends did not sell popcorn or water at the finale this year. The Friends will regroup in September. 4c Colleyville Public Library Foundation Report Denise Light discussed Thursday, September 18th North Texas Giving Day opportunity. Denise will work on advertising and the library will assist. 5. ADJOURNMENT A motion was made by Kay Newton and seconded by Darrell Brown to adjourn the meeting of the Colleyville Library Board at 7:01 p.m. The motion was approved unanimously. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15th DAY OF DECEMBER 2025. Minutes taken and prepared by: Dina Bayles Library Outreach and Program Coordinator RESOLUTION R-26-5109 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 6, 2026 WHEREAS, City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 6TH DAY OF JANUARY 2026. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven Bobby Lindamood City Secretary, TRMC Mayor