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AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
MARCH 21, 2000
6:45 P.M. - CALL TO ORDER
ROLL CALL
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071-
Sec. 551.071-
Sec. 551.072-
Sec. 551.072-
Sec. 551.072-
Sec. 551-074-
Legal - Gammon lawsuit
Legal - Murray Construction lawsuit
Property Acquisition - John McCain Road
Property Acquisition - Colleyville Boulevard
Property Acquisition - Hall-Johnson Road
Personnel - The City Council may consider the appointment,
employment, evaluation, reassignment, duties, discipline or
dismissal of public officers or employees, including the City
Manager, City Secretary, City Attorney; atl(fCity board and
commission members. A . complete.~ist of the City boards
and commissions is on file in the CitVSecretary's Offjce.
7:30 P.M. - RESUME REGULAR MEETING.
INVOCATION: Reverend Dale Smith, Colleyville Presbyterian Church
PLEDGE OF ALLEGIANCE: Ross Foster City Attorney
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS.
.\ f\lJCONSENT:
W- 3. READING AND PUBLIC HEARING - Resolution R-OO-1621 - Consent Items:
a. Approval of minutes of the regular City Council meeting of March 7, 2000
b. Approval of the Texas Department of Transportation (TxDOT) Master
Agreement
c. Approval of authorization to the City Manager to sign a lease agreement
for a temporary modular building to be used as Fire Department
Administrative Offices located at 1900 Hall-Johnson Road
d. Approval of a contract with First Southwest Company for financial advisory
services
e. Approval of a public hearing date for a request by the Grapevine-
Colleyville Independent School District to move a portable building to
Colleyville Elementary School at 5800 Colleyville Boulevard
f. Authorizing the purchase of production and distribution services from
Sheridan Communications in the amount of $19,928 for four issues of The
Colleyville Communicator, the City's quarterly newsletter
PUBLIC HEARINGS:
~~ 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1206 -
Authorizing issuance of $2,860,000 of Tax Anticipation Notes for Hall-Johnson
Road Improvements
~d5.
SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1207 - A
special use permit requested by Shawn Mackey for private horse stables for
domestic use in an R-20 zoning district on 3.747 acres located at 4613 Patterson
Lane
~&6.
SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1208 - A
special use permit requested by Paul Kramer for private horse stables for
domestic use in an R-20 zoning district on 2.46 acres located at 4809 Bill
Simmons Road
~
. ^~ SECOND READING AND PUBLIC HEARING - 0-00-1209 - Amending
W'7. Ordinance 0-91-812, Sign Regulations regarding freeway signs
~~2.
~~.
~.
~
8.
FIRST READING AND PUBLIC HEARING - 0-00-1210 - A zoning change
requested by David Whisenant, from R20 to PUD-C on 23.709 acres located on
the north side of Glade Road, east of Oak Timbers Court - Riverwalk at
Colleyville
9.
FIRST READING AND PUBLIC HEARING - 0-00-1211 - A zoning change
requested by Lanny Wilkinson, from ML, AG, and CC1 to PUD-C on 8.789 acres
located on the west side of Colleyville Boulevard in the 6400-6500 block _
Winding Creek Addition
10.
FIRST READING AND PUBLIC HEARING - 0-00-1212 - A zoning change
requested by Derek DeGuire, from AG to PUD-R on 7.217 acres located at 400
West Glade Road - Madison Place
11.
FIRST READING AND PUBLIC HEARING - 0-00-1213 _ Amending the
roadway capital improvements plan and the imposition of impact fees
READING AND PUBLIC HEARING - R-00-1623 - Approving the terms and
conditions of an Interlocal Agreement between the Texas Cooperative
Purchasing Network (TCPN) and the City of Colleyville
READING AND PUBLIC HEARING - R-00-1625 - Approving City Partnership in
Transportation Excellence for the 21st Century
READING AND PUBLIC HEARING - R-00-1626 - Waiving perimeter street fees
for Barbara Gordon Montessori School
READING AND PUBLIC HEARING - R-00-1627 - Ratifying the action of the
Colleyville Economic Development Corporation Board of Directors, authorizing
the issuance of Colleyville Economic Development Corporation Sales Tax
Revenue Bonds Series 2000 in the amount of $2,140,000
~~ TABLED ITEMS:
~ 16. READING AND PUBLIC HEARING - Resolution
~ members to the Library Advisory Committee
STAFF REPORTS:
17. MONTHLY FINANCIAL REPORT
R-00-1619 - Appointing
REPORTS:
18. HISTORICAL PRESERVATION COMMITTEE MEETING MINUTES
FEBRUARY 17, 2000
CITIZEN COMMENTS:
19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
.{\~~ 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
~\~I\\ COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 21, 2000 -
f\"'l' Reading and Public Hearing - Resolution R-00-1622
ADJOURNMENT:
21. ADJOURNMENT
I certify the above agenda was posted on the bulletin board at City Hall on March 17,
2000 :7:iJ~
Jean arris, TRMC, CMC
City Secretary
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at 577- .
7575, and reasonable accommodations will be made to assist you.
citr "(
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CITY COUNCIL \W 7...,< AGENDA BRIEFING
For mtg. : 03/21/00 CMO Approval:
Item # :
1
Ordinance # :
N/A
Previous Action: None
DEPT. :
CITY COUNCIL
SUBJECT:
Executive Session - In accordance with Texas
Government Code Chapter 551, Subchapter D
Sec. 551.071 -
Sec. 551.071 -
Sec. 551.072-
Sec. 551.072-
Sec. 551.072-
Sec. 551.074-
legal - Gammon lawsuit
Legal - Murray Construction lawsuit
Property Acquisition - John McCain Road
Property Acquisition - Colleyville Boulevard
Property Acquisition - Hall-Johnson Road
Personnel - The City Council may consider the appointment,
employment, evaluation, reassignment, duties, discipline or
dismissal of public officers or employees, including the City
Manager, City Secretary, City Attorney, and City board and
commission members. A complete list of the City boards and
commissions is on file in the City Secretary's Office.
FINANCIAL REVIEW (IF NECESSARY
RESOLUTION R-00-1621
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF MARCH 21, 2000
WHEREAS, Council has taken action on certain items on the agenda under Consent
Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1:
THAT the agenda decisions approved by Council action under Consent Items
as follows are hereby adopted:
a.
THAT the minutes of the regular City Council meeting of March 7,2000, are
hereby approved.
b.
THAT the Texas Department of Transportation (TxDOT) Master Agreement,
is hereby approved.
c.
THAT the authorization to the City Manager to sign a lease agreement for
a temporary modular building to be used as Fire Department Administrative
Offices located at 1900 Hall-Johnson Road, is hereby approved.
d.
THAT the contract with First Southwest Company for financial advisory
services, is hereby approved.
e.
THAT the public hearing date for a request by the Grapevine/Colleyville
Independent School District to move a portable building to Colleyville
Elementary School at 5800 Colleyville Boulevard, is hereby approved.
f.
THAT the authorization to purchase production and distribution services from
Sheridan Communications in the amount of $19,928 for four issues of the
Colleyville Communicator, the City's quarterly newsletter, is hereby
approved.
AND IT IS SO RESOLVED.
Passed by a vote of ayes,
of , 2000.
nays, and
abstentions on the
day
Resolution R-QQ-1621
Page 2 of 2
ATTEST:
CITY OF COLLEYVILLE
Jean Harris, TRMC, CMC
City Secretary
Donna Arp
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
MARCH 7, 2000
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on March 7, 2000, at 6:48 p.m.
ROLL CALL:
Councilpersons Jody Short, Mike Taylor, Frank Carroll, Ginny
Tigue, and Mayor Pro Tern Nelson Thibodeaux were present.
Mayor Donna Arp, City Manager Bob Stripling, Assistant City
Manager Dianne McWethy, Financial Analyst Ken Kolsti, Director of
Public Services Bob Whitehead, Community Development Manager
Barry LeBaron, Development Coordinator Clayton Husband, Public
Works Manager Randy Brown, Police Chief John Young, Human
Resource Manager Kelly Cooper, City Attorney Ross Foster, and
City Secretary Jean Harris were also present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071-
Sec. 551.071-
Sec. 551.072-
Sec. 551.072-
Sec. 551.072-
Sec. 551-074-
Legal - Gammon lawsuit
Legal - Murray Construction lawsuit
Property Acquisition - John McCain Road
Property Acquisition - Colleyville Boulevard
Property Acquisition - Hall-Johnson Road
Personnel - The City Council may consider the appointment,
employment, evaluation, reassignment, duties, discipline or
dismissal of public officers or employees, including the City
Manager, City Secretary, City Attorney, and City board and
commission members. A complete list of the City boards
and commissions is on file in the City Secretary's Office.
Mayor Arp explained that the Executive Session had been called in accordance with
Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section
551.072 - Property Acquisition, and Section 551.074 - Personnel. She further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 6:50 p.m., and reconvened at 7:32 p.m.
The invocation was given by Reverend Steve Lang, Highland Meadows Christian
Church, after which Ross Foster led the Pledge of Allegiance.
CITY COUNCIL MINUTES
MARCH 7,2000
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS.
Mayor Pro Tem Thibodeaux spoke regarding the McPherson Task Force and their tour
of the Southwest Dairy Museum.
Mayor Arp presented a Proclamation for Red Cross Month to Board Member Allan
Boatwright.
A presentation was made by Connie Hampton, President of the Colleyville AARP
Chapter #4473. Ms. Hampton expressed the Chapter's appreciation for the recent
program changes, the monthly luncheon, game night, and the support of the Council.
She advised that there are needs for outdoor lighting, paved parking, and a
refrigerator.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-00-1613 - Consent Items:
a. Approval of minutes of the regular City Council meeting of February 15,
2000
b. Approval of the abandonment of the right-of-way for the 500 block of
Greenbriar Lane subject to the retention of a drainage and utility easement
through the abandoned right-of-way requested by Robert Marino and
Brian Roan
c. Approval of the purchase of one (1) police vehicle in the amount of
$21,858 from Payton-Wright Ford
d. Approval of an Interlocal Agreement adding the City of Grapevine as a
member of the trunk radio system
e. Approval of the exchange of approximately 1.27 acres of City owned land
in The Village at Colleyville plat for Lot 42 in The Village at Colleyville and
authorizing the Mayor to sign documents supporting the transaction
f. Approval of revisions to Chapter II, V, and VI of the City of Colleyville
Personnel Policies and Procedures Manua/
2
CITY COUNCIL MINUTES
MARCH 7, 2000
g. Approval of revisions to Chapter IV - Compensation, Section B Employee
Performance Evaluation System, of the City of Colleyville Personnel
Policies and Procedures Manual
h. Approval of a contract award to Member's Building Maintenance for
janitorial services in the amount of $15,810
I. Authorizing the purchase of a color copier and maintenance agreement
from IKON Office Solutions, the combined first year costs not to exceed
$15,000
Mayor Arp opened the public hearing and read Resolution R-00-1613 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the publiC hearing.
Councilman Tigue moved to approve Resolution R-00-1613.
Mayor Pro Tem Thibodeaux seconded the motion.
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: None
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1205 - Zoning
change requested by John Lynch for Bob Gammon, from R-20 to PUD-R
(planned unit development - residential) on 6.810 acres located at 3650 Pool
Road
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1205.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. John Lynch, 1903 Central Drive, Suite 400, Bedford, representing the applicant,
spoke regarding the extension of the existing structure. He presented a petition by
surrounding property owners stating support for the request.
3
CITY COUNCIL MINUTES
MARCH 7, 2000
Discussion ensued regarding the size of the proposed building, use of the proposed
building, height restrictions, compliance with R-20 zoning, size requirements, and
adjacent zoning.
Mayor Pro Tem Thibodeaux moved to approve Ordinance 0-00-1205, with an
amendment to Sec. 1 (A)(2) stating that in the event any portion of this property is
replatted to be R-20, all structures and usage would be brought into compliance with the
City's ordinances.
Councilman Short seconded the motion.
There was further discussion of other amendments, but none were accepted.
Mr. Bob Gammon, 3650 Pool Road, applicant, was present to answer questions of the
Council.
Ayes: Councilpersons Short, Taylor, and Mayor Pro Tem Thibodeaux
Nays: Council persons Carroll and Tigue
Mayor Arp declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1206 - Authorizing
issuance of $2,860,000 of Tax Anticipation Notes for Hall-Johnson Road
Improvements
Mayor Arp opened the public hearing and read the caption Ordinance 0-00-1206.
Mr. Jim Ivey, 3202 Carisbrook Court, Mr. Steve McGee, 6900 Shepherds Glen, and Mr.
Mark Howe, 3100 Carisbrook Court, spoke in favor of the proposed Ordinance.
Mr. Paul Kessler, 5900 Meadowhill, Mr. Dennis Marlin, 7101 Pleasant Run Road,
Richard Newton, 6107 Lansford Lane, and Ms. Ruth Heidel, 1712 Gatehouse Court,
spoke in opposition of the proposed Ordinance.
Mr. Jim VanOver, 2303 Ballantrae, spoke regarding the landscaping, sidewalks,
development of property along Highway 26, and traffic flow.
Mr. Rich Munson, 1905 Hall-Johnson Road, requested postponing this item until after
the Council election in May.
4
CITY COUNCIL MINUTES
MARCH 7, 2000
There were no others wishing to speak conceming this item and Mayor Arp closed the
public hearing.
Discussion ensued regarding the possibility of the Mayor vetoing the proposed
ordinance.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1207 - A special
use permit requested by Shawn Mackey for private horse stables for domestic
use in an R-20 zoning district on 3.747 acres located at 4613 Patterson Lane
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1207.
There was no one present wishing to speak conceming this item and Mayor Arp closed
the public hearing.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1208 - A special
use permit requested by Paul Kramer for private horse stables for domestic use
in an R-20 zoning district on 2.46 acres located at 4809 Bill Simmons Road
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1208.
Ms. Linda Vincent, 4811 Patterson Lane, Mr. Danny Vincent, 4811 Patterson Lane, Mr.
Jim Carpenter, 2201 Glade Road, Ms. Nancy Langford, 4505 Bill Simmons Road, Ms.
Allyson Paxton, 4701 Bill Simmons Road, and Mr. Joseph Paxton, 4701 Sill Simmons
Road, spoke in opposition.
There were no others wishing to speak conceming this item and Mayor Arp closed the
public hearing.
Discussion ensued regarding the placement of horse bams in residential
neighborhoods, future development of the property, improvements to Sill Simmons
Road and Patterson Lane, zoning compliance, enforceable restrictions with an SUP,
location of the bam, and limitation on the number of animals.
Mr. Paul Kramer, applicant, was present to answer questions of the Council.
5
CITY COUNCIL MINUTES
MARCH 7, 2000
8. FIRST READING AND PUBLIC HEARING - 0-00-1209 - Amending Ordinance
0-91-812, Sign Regulations regarding freeway signs
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1209.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
9. READING AND PUBLIC HEARING - Resolution R-00-1615 - Approving
participation in Trinity Railway Express
Mayor Arp opened the public hearing and read Resolution R-OO-1615 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the financial obligation of the City.
Councilman Tigue moved to approve Resolution R-00-1615.
Councilman Carroll seconded the motion.
Ayes: Councilpersons Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: Councilman Short
Mayor Arp declared the motion carried.
10. READING AND PUBLIC HEARING - Resolution R-00-1616 - Authorizing
planning and support of marketing efforts
Mayor Arp opened the public hearing and read Resolution R-00-1616 in its entirety.
Mr. Steve McGee, 6900 Shepherds Glen, spoke in favor of the proposed Resolution.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Mayor Pro Tem Thibodeaux moved to approve the Resolution with the amendment that
a nine-member steering committee would be appointed at a later date.
6
CITY COUNCIL MINUTES
MARCH 7, 2000
Councilman Carroll seconded the motion.
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: None
Mayor Arp declared the motion carried.
11. READING AND PUBLIC HEARING - Resolution R-00-1617 - Approving a
contract for Architectural Design Services with F & S Partners for the
construction of the Colleyville Public Library
Mayor Arp opened the public hearing and read Resolution R-00-1617 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Carroll moved to approve Resolution R-00-1617.
Mayor Pro Tem Thibodeaux seconded the motion.
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tern Thibodeaux
Nays: None
Mayor Arp declared the motion carried.
12. READING AND PUBLIC HEARING - Resolution R-OQ-1618 - Approving a
contract with F. Mason and Associates for library programming and development
services for the Colleyville Public Library
Mayor Arp opened the public hearing and read Resolution R-00-1618 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Carroll moved to approve Resolution R-OO-1618.
Councilman Tigue seconded the motion.
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: None
7
CITY COUNCIL MINUTES
MARCH 7, 2000
Mayor Arp declared the motion carried.
13. READING AND PUBLIC HEARING - Resolution R-00-1619 - Appointing
members to the Library Advisory Committee
Mayor Arp opened the public hearing and read Resolution R-00-1619 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Carroll moved to table this Resolution until all citizens have an opportunity
to apply for positions on this Committee.
Mayor Pro Tem Thibodeaux seconded the motion.
Discussion ensued regarding interviewing applicants.
Ayes: Councilpersons Short, Taylor, Carroll, and Mayor Pro Tem Thibodeaux
Nays: Councilman Tigue
Mayor Arp declared the motion carried.
14. READING AND PUBLIC HEARING - Resolution R-00-1620 - Adoption of the
recommendations of the Sidewalk Priorities Task Force for FY 1999-2000
Mayor Arp opened the public hearing and read Resolution R-00-1620 in its entirety.
Ms. Judy Atwood, 2209 Norwalk Drive, representing the Sidewalk Priorities Task Force,
reviewed the annual report.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Councilman Carroll moved to approve Resolution R-00-1620.
Mayor Pro T em Thibodeaux seconded the motion.
Discussion ensued regarding the Task Force's recommendation regarding Ponderosa
Street.
8
CITY COUNCIL MINUTES
MARCH 7, 2000
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: None
Mayor Arp declared the motion carried.
TABLED ITEMS:
15. CONSIDERATION OF ORDINANCE 0-99-1171 - Establishing rules and
regulations governing the construction and use of City's public rights-of-way
Mayor Pro Tem Thibodeaux moved to remove this item from the table.
Councilman Taylor seconded the motion.
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: None
Mayor Arp declared the motion carried.
Councilman Tigue moved to suspend the rules to allow the citizens to speak.
Councilman Taylor seconded the motion.
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: None
Mayor Arp declared the motion carried.
Mr. Gary Terry, Regional Director of Southwestern Bell, 1240 Park Place, Hurst,
complimented Dianne McWethy and spoke regarding the as-built drawings being
required and Southwestern Bell covering costs of relocation of facilities.
There were no others wishing to speak concerning this item.
Councilman Carroll moved to approve Ordinance 0-99-1171.
Councilman Taylor seconded the motion.
Discussion ensued regarding Southwestern Bell providing as-built drawings.
9
CITY CO UNCIL MINUTES
MARCH 7,2000
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: None
Mayor Arp declared the motion carried.
REPORTS:
16. PLANNING AND ZONING COMMISSION MINUTES - JANUARY 14, 2000
AND FEBRUARY 28, 2000
PARKS AND RECREATION ADVISORY BOARD MINUTES - FEBRUARY 7,
2000
There was no action taken on this item.
CITIZEN COMMENTS:
17. CITIZEN COMMENTSIPRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. Steve McGee, 6900 Shepherds Glen, spoke regarding the need for maintenance
and drainage improvements on Shepherds Glen. He advised that the detention area is
a "mud hole".
ACTION/RESOLUTION:
18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 7, 2000 -
Reading and Public Hearing - Resolution R-00-1614
This Resolution was not needed.
ADJOURNMENT:
19. ADJOURNMENT
There being no further business before the Council, Councilman Carroll moved to
adjourn.
Mayor Pro Tem Thibodeaux seconded the motion.
Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux
Nays: None
10
CITY COUNCIL MINUTES
Mayor Arp declared the meeting adjourned at 10:55 p.m.
APPROVED THIS DAY OF
AYES, NA Y-S, AND ABSTENTIONS.
Minutes taken and prepared by:
Jean Harris, -lRMC, CMC
City Secretary
MARCH 7, 2000
I 2000, BY A VOTE OF
11
C it ~ Of
,~em~
~\EI
CITY COUNCIL 7ws AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
3b
Ordinance # :
R-OO-1621
Previous Action: None
DEPT. :
PUBLIC SERVICES
SUBJECT:
Approval of the Texas Department of
Transportation (TxDOT) Master Agreement - by
consent
Reading and Public Hearing
Backoround
In order to expedite the time period for the Texas Department of Transportation
(TxDOT) to execute an agreement, TxDOT Austin has developed standard statewide
agreements. Attached for Council's consideration is a Master Advance Funding
Agreement (MAFA). Once the MAFA has been executed, a project specific agreement
will be required; this is referred to as a Local Project Advance Funding Agreement
(LPAFA). The LPAFA contains provisions related only to the local project needs such
as the Colleyville Blvd. (SH 26) project. The MAFA document contains standard
contract language that is required by the TxDOT and is generally agreeable to cities and
counties. This agreement will need to be approved only one time. Specific city
exceptions to this MAFA will be accomplished by amendment when a LPAFA is
considered.
Recommendation
Approval of the TxDOT MAFA.
~/lL,;t~~~f2i7
CITY GER
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
.....~.........-
.-....~
....'....................
.......... _n
......."-::-::-:--.-.....
I Texas Department of Transp(,nation
P.O. BOX 6868. FORT WORTH. TEXAS 76115-0868. (817) 370-6500
March 7, 2000
Master Advance Funding Agreement
For TxDOT Projects
Mr. C. Robert Stripling City Manager
City of Colleyville
5400 Bransford Road
Colleyville, Texas 76034
Attention: Mr. Bob Whitehead, P.E,
Dear Mr. Stripling:
In an effort to streamline the agreement process between the Texas Department of
Transportation and the City of Colleyville, our Austin office had developed standard
statewide agreements that will reduce the time period for agreement execution.
A brief summary of each document is as follows:
1. A Master Advance Funding Agreement (MAFA). This document contains standard
contract language that is required by the Texas Department of Transportation
(TxDOT) and is generally agreeable to all cities and counties. This agreement will
need to be approved only one time. Specific City or county exceptions to this
MAF A will be accomplished by amendment, subject to conformance with law and
rule and agreement.
Once the MAFA has been executed, a project specific agreement will be required, this is
referred to as a Local Project Advance Funding Agreement.
2. A draft Local Project Advance Funding Agreement (LPAFA). This document
contains provisions related only to the local project needs. Exceptions to the
MAFA or exceptions to the LPAFA may also be addressed by specific
amendments. The LPAFA is very short and for routine projects will be very simple
to understand and complete for routine projects. Exceptions to our standard
provisions will be clear to all parties.
After the City has approved and executed the MAFA document a completed LPAFA will be
forwarded to the City of execution. Upon complete execution of the LPAFA the City will
receive a notice to proceed for specific project development.
Mr. C. Robert Stripling
March 7, 2000
Page 2 of 2
Please execute and return both originals of the MAFA to the Fort Worth District, also
include a copy of the City Council Resolution approving the Agreement. These documents
will be forwarded to our Austin office for final execution.
If you have any questions regarding the wording or content of the MAFA or LPAFA, please
contact Mr. Joel Mallard at (817) 370-6591.
Sincerely,
(signature)
Charles L. Conrad, P .E.
Director of Transportation
Planning and Development
JHM
Attachments
STATE OF TEXAS ~
COUNTY OF TRA VIS ~
MASTER AGREEMENT
GOVERNING
LOCAL TRANSPORT A TION PROJECT
ADVANCE FUNDING AGREEMENTS
TIDS MASTER AGREEMENT is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State'" and the City of
Colleyville, acting by and through its duly authorized officials, hereinafter called the "Local
Government. "
WITNESSETH
WHEREAS, the lntermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the
Transportation Equity Act for the 21 s\ Century (TEA-21) codified under Title 23 U.s.e. Section
101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing
communities and the natural environment and advancing the nation's economic growth and
competitiveness~ and
WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation
improvements to implement its public purposes~ and
WHEREAS, Title 23 U.S.e. Section 134 requires that Metropolitan Planning Organizations and
the States' Transportation Agencies to develop transportation plans and programs for urbanized
areas of the State; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the
State shall design, construct and operate a system of highways in cooperation with local
governments~ and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the governing terms of this Master Agreement will provide for efficient and
effective contract administration of the types of Local Project Advance Funding Agreements
(LP AF A) listed in Attachment A; and,
WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created
or stored electronically in accordance with standards and procedures adopted as administrative
rules ofthe Texas State Library and Archives Commission; and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Master Agreement by resolution or ordinance dated , attached hereto and
made a part of this Master Agreement as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:
AGREEMENT
1. Period of the Agreements
This Master Agreement and the Local Project Advance Funding Agreements (LP AF As) subject to
this Master Agreement become effective when signed by the last party whose signing makes the
respective agreements fully executed. This Master Agreement shall remain in effect until
terminated as provided in Article 2.
2. Termination of this Master Agreement
This agreement may be terminated by any of the following conditions:
a. by mutual written consent and agreement of all parties.
b. by any party with 90 days written notice. If this Master Agreement is terminated under this
clause, all existing, fully executed LP AF As made under this Master Agreement shall
automatically incorporate all the provisions of this Master Agreement.
c. by either party, upon the failure of the other party to fulfill the obligations as set forth in this
Master Agreement.
3. Termination of the Local Project Advance Funding Agreement (LPAFA)
An LP AF A shall remain in effect until the project is completed and accepted by all parties, unless:
a. the agreement is terminated in writing with the mutual consent of the parties, or;
b. because of a breach of this Master Agreement or a breach of the Local Project Advance
Funding Agreement. Any cost incurred due to a breach of contract shall be paid by the
breaching party.
c. After the PS&E the local government may elect not to provide the funding and the project
does not proceed because of insufficient funds; the local government agrees to reimburse the
State for its reasonable actual costs incurred during the project.
d. conditions for termination as specified in the LP AF A are fulfilled.
4. Amendments
a. Amendment of this Master Agreement by Notice with Mutual Consent: The State may
notify the Local Government of changes in this Master Agreement resulting from changes
in federal or state laws or rules or regulations and these changes in the Master Agreement
shall be incorporated into this agreement unless the State is notified by the Local
Government within 60 days. From time to time, the State may issue numbered
restatements of this MAFA to wholly reflect its amendments.
2
b.
This Master Agreement may be amended due to changes in the agreement or the
responsibilities of the parties. Such amendment must be made through a mutually agreed
upon, written amendment that is executed by the parties.
The notice of amendment and the amendment to this Master Agreement may be in an
electronic form to the extent permitted by law and after a prior written consent of the
parties to this agreement is made.
Amendments to the LP AF As due to changes in the character of the work or terms of the
agreement, or responsibilities of the parties relating to a specific project governed under
this Master Agreement may be enacted through a mutually agreed upon, written
amendment to the LP AF A.
c.
d.
5. Remedies
This agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
agreement and shall be cumulative.
6. Utilities
If the required right of way encroaches upon existing utilities and the proposed project requires
their adjustment, removal or relocation, the Local Government will be responsible for determining
the scope of utility work and notify the appropriate utility company to schedule adjustments,
unless specified otherwise in a specific LP AF A under other provisions of this MAF A.
The Local Government shall be responsible for the adjustment, removal or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This
includes, but is not limited to: 43 T AC 915.55 relating to Construction Cost Participation; 43
TAC ~21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of
Utilities; and, 43 TAC~ 21.31 et seq. relating to Utility Accommodation. The Local Government
will be responsible for all costs associated with additional adjustment, removal, or relocation
during the construction of the project, unless this work is provided by the owners of the utility
facilities:
a. per agreement;
b. per all applicable statutes or rules, or;
c. as specified otherwise in a LP AF A.
Prior to letting a construction contract for a local project, a utility certification must be made
available to the State upon request stating that all utilities needing to be adjusted for completion
of the construction activity have been adjusted.
7. Environmental Assessment and Mitigation
3
Development of a local transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require environmental
clearance of federal-aid projects.
a. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by this
agreement, unless provided for otherwise in the specific project agreement.
b. The Local Government is responsible for the cost of any environmental problem's mitigation
and remediation, unless provided for otherwise in the specific project agreement.
c. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment, unless provided for otherwise in
the specific project agreement
d. The Local Government shall provide the State with written certification from appropriate
regulatory agency(ies) that identified environmental problems have been remediated, unless
provided for otherwise in the specific project agreement.
8. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this Master Agreement are in compliance with the Texas Accessibility Standards (T AS)
issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes The T AS establishes minimum accessibility requirements
to be consistent with minimum accessibility requirements of the Americans with Disabilities Act
(PL. 101-336) (ADA).
9. Architectural and Engineering Senrices
Any party to this contract may have responsibility for effecting the performance of architectural
and engineering services. Or, the parties may agree to be individually responsible for portions of
this work. The LPAFA shall define the party responsible for performance of this work.
The engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways. Streets and Bridges. and the
special specifications and special provisions related thereto, unless specifically stated otherwise in
the LP AF A and approved by the State.
In procuring professional services, the parties to this agreement must comply with federal
requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by disadvantaged business
enterprises (DBEs), ADA, and environmental matters.
10. Construction Responsibilities
4
a. Unless specifically provided for otherwise in the LP AF A, the State shall advertise for
construction bids, issue bid proposals, receives and tabulate the bids and award and administer
the contract for construction of the Project. Administration of the contract includes the
responsibility for construction engineering and for issuance of any change orders.
supplemental agreements, amendments, or additional work orders, which may become
necessary subsequent to the award of the construction contract. In order to ensure federal
funding eligibility, projects must be authorized by the State prior to advertising for
construction.
b. All contract letting and award procedures must be approved by the State prior to letting and
award of the construction contract, whether the construction contract is awarded by the State
or by the Local Government.
c. All contract change order review and approval procedures must be approved by the State
prior to start of construction.
d. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
e. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHW A-1273" in the contract bidding
documents. If force account work will be performed. a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Part B.
11. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in the LP AF A or other prior existing maintenance agreement with the
Local Government.
12. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project will be clearly stated in the local project agreement.
The expected cash contributions from the federal, state, Local Governments or other parties
will be clearly stated. The State will pay for only those project costs that have been approved
by the Texas Transportation Commission.
b. A project cost estimate showing the estimated contributions in kind or in cash for each major
area of the local project will be provided in the LP AF A This project cost estimate will show
how necessary resources for completing the project will be provided by major cost categories.
These categories include but are not limited to: ( 1) costs of real property; (2) costs of utility
work; (3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management; and (6) any
other local project costs.
c. The State will be responsible for securing the Federal and State share of the funding required
for the development and construction of the local project. Federal share of the project will be
reimbursed to the local government on a cost basis.
d. The Local Government will be responsible for all non-federal or non-State participation costs
associated with the Project, including any overruns in excess of the approved local project
budget, unless otherwise provided for in the LP AF A
5
e. Following execution of the LP AF A, but prior to the perfonnance of any review work by the
State, the Local Government will remit a check or warrant made payable to the "Texas
Department of Transportation .. in the amount specified in the LP AF A The Local
Government will pay at a minimum its funding share for the estimated cost of preliminary
engineering for the project, unless otherwise provided for in the LP AF A
f Sixty (60) days prior to the date set for receipt of the construction bids, the Local
Government shall remit its remaining financial share for the State's estimated construction
oversight and construction costs, unless otherwise provided for in the LP AF A
g. In the event the State determines that additional funding is required by the Local Government
at any time during the Project, the State will notify the Local Government in writing. The
Local Government will make payment to the State within thirty (30) days from receipt of the
State's written notification, unless otherwise provided for in the LP AF A
h. Upon completion of the Project the State will perform an audit of the local project costs
Any funds due to the Local Government, the State, or the Federal government will be
promptly paid by the owing party.
L The State will not pay interest on any funds provided by the Local Government.
J. If a waiver has been granted, the State will not charge the Local Government for the indirect
costs the State incurs on the local project unless this agreement is terminated at the request of
the Local Government prior to completion of the project.
k If the local project has been approved for a "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC 915.52, the LPAFA will clearly state
the amount of the fixed price or the incremental payment schedule.
1. The Texas Comptroller of Public Accounts has determined that certain counties qualify as
Economically Disadvantaged Counties in comparison to other counties in the state as below
average per capita property value, and below average per capita income, and above average
unemployment, for certain years. The LP AF A will reflect adjustments to the standard
financing arrangement based on this designation.
m. The State will not execute the contract for the construction of a local project until the
required funding has been made available by the Local Government in accordance with the
LP AF A.
13. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of any needed right of way
or real property, unless the State agrees to participate in the provision of right of way under the
procedures described herein as parts A and B of this provision.
Title to right of way and other related real property must be acceptable to the State before funds
may be expended for the improvement of the right of way or real property.
If the Local Government is the owner of any part of a project site under an LP AF A, the Local
Government shall permit the State or its authorized representative access to occupy the site to
perfonn all activities required to execute the work under the LP AF A
All parties to this agreement will comply with and assume the costs for compliance with all the
requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Title 42 U.S.C.A Section 4601 et seq., including those
provisions relating to incidental expenses incurred by the property owners in conveying the real
6
property to the Local Government, and benefits applicable to the relocation ofan~ displaced
person as defined in 49 CFR Section 24.2(g). Documentation ~o support ~uch co~phanc.e must
be maintained and made available to the State and its representatIves for reVIew and Inspectton
Ifthe local government purchases right of way for a local government street. title will be acquired
in the name of the local government in accordance with applicable laws unless specifically stated
otherwise in the LPAFA and approved by the State.
If the State participates in the purchase of right of way for the state. it will be under the processes
established in the following paragraphs A or B, and the selected option shall be specified in the
LP AF A.
A. Purchase By the State for the State
The State will assume responsibility for acquisition of all necessary right of way for the highway
project. The Local Government will voluntarily contribute to the State funds equal to ten (10)
percent of the cost of the right of way for the proper development and construction of the state
highway system and shall transmit to the State a warrant or check payable to the Texas
Department of Transportation when notified by the State of the estimated cost of the right of way.
If the amount is found insufficient to pay the Local Government's obligation, then the Local
Government, upon request of the State. will supplement this amount in such amount as requested
by the State. Upon completion of the highway project and in the event the total amount paid by
the Local Government is more than ten (10) percent of the actual cost of the right of way, any
excess amount will be returned to the Local Government Cost of the right of way by the State
shall mean the total value of compensation paid to owners, including but not limited to utility
owners, for their property interests either through negotiations or eminent domain proceedings.
B. Purchase by the Local Government for the State
Purchase: Right of way purchases shall be a joint effort of the State and the Local Government.
Acquisition of right of way shall be in accordance with the terms of this agreement and in
accordance with applicable Federal and State laws governing the acquisition policies for acquiring
real property. The State agrees to reimburse the Local Government for its share of the cost of
such right of way providing acquisition when it has been authorized to proceed by the State.
Location Surveys and Preparation ~f Ri~ht ~l Way Data: The State, without cost to the Local
Government, will do the necessary preliminary engineering and title investigation in order to
supply to the Local Government the data and instruments necessary to obtain acceptable title to
the desired right of way
Determination of Right of Way Values: The Local Government agrees to make a determination of
property values for each right of way parcel by methods acceptable to the Local Government and
to submit to the State's District Office a tabulation of the values so determined, signed by the
appropriate Local Government representative. Such tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be shown in the
component parts of land acquired. itemization of improvements acquired, damages (if any), and
the amounts by which the total compensation will be reduced if the owner retains improvements.
This tabulation shall be accompanied by an explanation to support the determined values, together
7
with a copy of information or reports used in arriving at all determined values. Such work will be
performed by the Local Government at its expense without cost participation by the Sta~e. The
State will review the data submitted and may base its reimbursement on the values which are
determined by this review. The State, however, reserves the right to perform at its own expense
any additional investigation deemed necessary, including supplemental appraisal work by State
employees or by employment of fee appraisers, all as may be necessary for determination of values
to constitute the basis for State reimbursement If at any stage of the project development it is
determined by mutual-agreement between the State and Local Government that the requirement
for the Local Government to submit to the State property value determinations for any part of the
required right of way should be waived, the Local Government will make appropriate written
notice to the State of such waiver, such notice to be acknowledged in writing by the State. In
instances of such waiver, the State by its due processes and at its own expense will make a
determination of values to constitute the basis for State reimbursement.
Negotiations: The State will notifY the Local Government as soon as possible as to the State's
determination of value. Negotiation and settlement with the property owner will be the
responsibility of the Local Government without participation by the State; however, the Local
Government will notifY the State immediately prior to closing the transaction so that a current title
investigation may be made to determine if there has been any change in the title. The Local
Government will deliver properly executed instruments of conveyance which together with any
curative instruments found to be necessary as a result of the State's title investigation will be
properly vest title in the State for each right of way parcel involved. The costs incidental to
negotiation and the costs of recording the right of way instruments will be the responsibility of the
Local Government. The cost of title investigation will be the responsibility of the State.
Condemnation: Condemnation proceedings will be initiated at a time selected by the Local
Government and will be the Local Government's responsibility at its own expense except as
hereinafter indicated. The Local Government will obtain from the State without cost current title
information and engineering data at the time condemnation are to be indicated. Except as
hereinafter set forth the Local Government will concurrently file condemnation proceedings and a
notice oflis pendens for each case in the name of the State. and in each case so filed the judgment
of the court will decree title to the property condemned to the State. The Local Government may,
as set forth herein under "Excess Takings" and where it is determined to be necessary, enter
condemnation proceedings in its own name. Property acquired in the Local Government's name
for the State must comply with requirements set forth in the engineering data and title
investigation previouslv furnished to the Local Government bv the State at such time as the Local
- .
Government conveys said property to the State. Court Costs, Costs of Special Commissioners'
Hearings and Appraisal Expense: Court costs and costs of Special
Commissioners' hearings assessed against the State or Local Government in condemnation
proceedings conducted on behalf of the State and fees incident thereto will be paid by the Local
Government. Such costs and fees, with the exception of recording fees, will be eligible for ninety
(90) percent State reimbursement under the established reimbursement procedure provided such
costs and fees are eligible for payment by the State under existing law. Where the Local
Government uses the State's appraisers employed on a fee basis in Special Commissioners'
hearings or subsequent appeals, the cost of the appraiser for updating the report, for preparing
new reports, preparing for court testimony and appearing in court to testify in support of the
appraisal will be paid direct by the Local Government, but will be eligible for ninety (90) percent
8
State reimbursement under established procedure provided prior approval for such appraiser has
been obtained from the State. The fee paid the appraiser by the Local Government shall be in
accordance with the fee schedule set forth in the appraiser's contract for appraisal services with
the State.
Excess Takings: In the event the Local Government desires to acquire land in excess of that
requested by the State for right of way purposes, the State's cost participation will be limited to
the property needed for its purposes. If the Local Government elects to acquire the entire
property, including the excess taking, by a single instrument of conveyance or in one eminent
domain proceeding, the property involved will be acquired in the name of the Local Government
and that portion requested by the State for right of way will be separately conveyed to the State
by the Local Government. When acquired by negotiation, the State's participation will be based on
the State's approved value of that part of the property requested for right of way purposes,
provided that such approved value does not exceed actual payment made by the Local
Government. When acquired by condemnation, the State's participation will be in the
proportionate part of the final judgment amount computed on the basis of the relationship of the
State's approved value to the State's predetermined value for the whole property.
Improvements: Property owners will be afforded an opportunity in the negotiations to retain any
or all of their improvements in the right of way taking. In anticipation of the owner desiring to
retain improvements, the State's approved value will include the amounts by which the upper limit
of State participation will be reduced for the retention. It is further agreed that the upper limit for
the State's participation in the Local Government's cost for an improved parcel will be reduced as
shown in the State's approved value where the owner retains an improvement which is to be
moved by either the Local Government or the owner. In the event improvements, which are, in
whole or part, a part of the right of way taking are not retained by the owner; title is to be secured
in the name of the State.
The State will participate in the acquisition of a structure severed by the right of way line if the
part of the house, building or similar structure which lies outside the right of way cannot be
reconstructed adequately or there is nothing but salvage left, provided that the State's value is
established on this basis and provided that title to the entire structure is taken in the name of the
State. The State shall dispose of all improvements acquired. The net revenue derived by the State
from the disposition of any improvements sold through the General Services Commission will be
credited to the cost of the right of way procured and shared with the Local Government.
Relocation of Utilities on Acquired State Right of w(~v: If the required right of way encroaches
upon an existing utility located on its own right of way and the proposed highway construction
requires the adjustment, removal or relocation of the utility facility, the State will establish the
necessity for the utility work. State participation in the cost of making the necessary change, less
any resulting increase in the value to the utility and less any salvage value obtainable, may be
obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual
cost" will be made subsequent to the Local Government's certification that the work has been
completed and will be made in an amount equal to ninety (90) percent of the eligible items of cost
as paid to the utility owner. The "lump sum" procedure requires that the State establishes the
eligibility ofthe utility work and enters into a three-party agreement, with the owners of the utility
9
facilities and the Local Government, which sets fonh the exact lump sum amount of
reimbursement, based on a prior appraisal The utility will be reimbursed by the Local
Government after proper cenification by the utility that the work has been done. said
reimbursement to be the basis of the prior lump sum agreement. The State will reimburse the
Local Government in an amount equal to ninety (90) percent of the firm commitment as paid to
the utility owner. The foregoing is subject to the provision that the individual lump sum approved
value shall not exceed $20,000, except as specifically approved by the State. In those cases where
a single operation is estimated to exceed $20.000 the transaction will be brought to the attention
of the State for determination of proper handling based upon the circumstances involved. Such
utility firm commitment will be an appropriate item of right of way. The adjustment, removal or
relocation of any utility line on publicly owned right of way by sufferance or permit will not be
eligible for State reimbursement. The term "utility" under this agreement shall include publicly,
privately and cooperatively owned utilities.
Fencing Requirements: The Local Government may either pay the propeny owner for existing
right of way fences based on the value such fences contribute to the part taken and damages for
an unfenced condition resulting from the right of way taking, in which case the estimated value of
such right of way fences and such damages will be included in the recommended value and the
approved value, or the Local Government may do the fencing on the property owner's remaining
property.
Where the Local Government performs right of way fencing as a part of the total right of way
consideration, neither the value of existing right of way fences nor damages for an unfenced
condition will be included in the recommended value or the approved value. State participation in
the Local Government's cost of constructing right of way fencing on the property owner's
remainder may be based on either the actual cost of the fencing or on a predetermined lump sum
amount. The State will be given credit for any salvaged fencing material and will not participate in
any overhead costs of the Local Government.
If State participation is to be requested on the lump sum basis, the State and the Local
Government will reach an agreement prior to the actual accomplishment of the work as to the
necessity, eligibility and a firm commitment as to the cost of the entire fencing work to be
performed. The foregoing is subject to the provision that the lump sum approved cost shall not
exceed $20,000, except as specifically approved by the State. In the event the cost of the fencing
is estimated to exceed $20,000. the transaction will be brought to the attention of the State for
determination of proper handling based upon the circumstances involved.
Reimbursement: The State will reimburse the Local Government for right of way acquired after
the date of this agreement in amount not to exceed ninety (90) percent of the cost of the right of
way acquired in accordance with the terms and provisions of this agreement The State's
reimbursement will be in the amount of ninety (90) percent of the State's predetermined value of
each parcel, or the net cost thereof whichever is the lesser amount
If condemnation is necessary and title is taken as set forth herein under the section entitled
"Condemnation," the panicipation by the State shall be based on the final judgment, conditioned
upon the State having been notified in writing prior to the filing of such suit and upon prompt
notice being given as to all action taken therein The State shall have the right to become a party
to the suit at any time for all purposes. including the right of appeal at any stage of the
]0
proceedings. All other items of cost shall be borne by the State and the Local Government as
provided in other sections of this agreement. If a lump sum fencing or utility adjustment
agreement has been executed, the State will reimburse the Local Government in the amount of
ninety (90) percent of the predetermined lump sum cost of the right of way fencing or utility
adjustment.
If the Local Government prefers not to execute a lump ium agreement for either fencing or utility
adjustments, the State will reimburse on the actual cost of such fencing or adjustments. The
Local Government's request for reimbursement will be supported by a breakdown of the labor,
materials and equipment used.
General: It is understood that the terms of this agreement shall apply to new right of way
authorized and requested by the State which is needed and not yet dedicated, in use or previously
acquired in the name ofthe State or Local Government for highway, street or road purposes. This
agreement shall also apply, with regard to any existing right of way. to outstanding property
interests not previously acquired and to eligible utility adjustments not previously made, as
authorized and requested by the State.
It is further understood that if unusual circumstances develop in the right of way acquisition which
are not clearly covered by the terms of this agreement. such unusual circumstances or problems
will be resolved by mutual agreement between the State and the Local Government.
14. Notices
All notices to either party by the other required under this agreement shall be delivered personally
or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice
being permitted to the extent permitted by lav,. but only after a separate written consent of the
parties), addressed to such party at the following addresses:
State:
Local Government:
Mr. Steven E. Simmons, P.E.. District Engineer
Texas Department of Transportation
P.O. Box 6868
Fort Worth, Texas 76115
Mr. C. Robert Stripling, City Manager
City of Colleyville
5400 Bransford Road
Colleyville. Texas 76034
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice
of the change to the other party. Either party may request in writing that such notices shall
delivered personally or by certified u.S. mail and such request shall be honored and carried out by
the other party.
15. Legal Construction
In case one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions and this agreement shall be construed as if it did not contain the
invalid, illegal or unenforceable provision
II
16. Responsibilities of the Parties
The State and the Local Government agree that neither pany is an agent, servant. or employee of
the other party and each pany agrees it is responsible for its individual acts and deeds as well as
the acts and deeds of its contractors. employees. representatives, and agents.
17. Ownership of Documents
Upon completion or termination of this agreement. all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made available
to the State without restriction or limitation on their further use. All documents produced or
approved or otherwise created by the Local Government shall be transmitted to the State in the
form of photocopy reproduction on a monthly basis as required by the State. The originals shall
remain the property of the Local Government
18. Compliance with Laws
The parties shall comply with all Federal. State. and Local laws. statutes. ordinances. rules and
regulations, and the orders and decrees of any couns or administrative bodies or tribunals in any
manner affecting the performance of this agreement. When required. the Local Government shall
furnish the State with satisfactory proof of this compliance.
19. Sole Agreement
This agreement constitutes the sole and ol1ly agreement between the parties and supersedes any
prior understandings or written or oral agreements respecting the agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds. the parties shall comply with the Cost Principles
established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable
and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR 918.36 and with
the property management standard established in Title 49 CFR ~18.32.
22. Inspection of Books and Records
The parties to the agreement shall maintain all books. documents. papers. accounting records and
other documentation relating to costs incurred under this aureement and shall make such materials
~ ~
available to the State, the Local Government, and, if federally funded. the Federal Highway
Administration (FHW A), and the U. S. Office of the Inspector General, or their duly authorized
representatives for review and inspection at its office during the contract period and for four (4)
12
years from the date of completion of work defined under this contract or until any impending
litigation, or claims are resolved. Additionally. the State. the Local Government. and the FHW A
and their duly authorized representatives shall have access to all the governmental records that are
directly applicable to this agreement for the purpose of making audits. examinations. excerpts. and
transcriptions.
23.0MB Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984. P.L. 98-502.
ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128
through August 31, 2000 and stipulated in OMB Circular A-133 after August 31. 2000.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of Transportation as
they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR ~71O.405(B)). and Executive
Order 11246 titled "Equal Employment Opportunity'" as amended by Executive Order 11375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549. "Debarment and Suspension." The parties to this
contract shall require any party to a subcontract or purchase order awarded under this contract to
certify its eligibility to receive Federal funds and. when requested by the State, to furnish a copy
of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Master Agreement. the signatories certify to the best of his or her knowledge
and belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress. an offIcer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement. and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant. loan. or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person
for intluencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress. or an employee of a Member of Congress in
13
connection with federal contracts, grants, loans. or cooperative agreements, the signatory for
the Local Government shall complete and submit the federal Standard Form-LLL. "Disclosure
Form to Report Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this cenification be included in the award
documents for all subawards at all tiers (including subcontracts. subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
By executing an LP AF A under this Master Agreement. the parties reaffirm this lobbying
certification with respect to the individual projects and reaffirm this certification of the material
representation of facts upon which reliance will be made. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Title 31 U.S.c. ~ 1352. Any
person who fails to file the required cenification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
28. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the party represented.
IN TESTIMONY HEREOF, the panies hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By
Date
Typed or Printed Name and Title
ATTEST:
City Secretary
14
APPROVED AS TO FORM:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders. established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By:
Jennifer D. Soldano. Director
Contract Services Office
Date:
15
ATTACHMENT A
PROJECT TYPES WHICH MAYBE SUBJECT TO AND GOVERNED BY
THIS MASTER AGREEMENT
Federal STP - MM: Metropolitan Mobility Agreements
Federal STP - TE: Transportation Enhancement Agreements
Federal STP - HES: Hazard Elimination and Safety Agreements
Federal CM - Congestion Mitigation and Air Quality Agreements
Federal NH - National Highway System
State CUS - Urban Street Program
(Note this list is a sample list and not meant to be all-inclusive.)
16
ATTACHMENT B
RESOLUTION OR ORDINANCE OF THE LOCAL GOVERNMENT
APPROVING THIS MASTER AGREEMENT
17
co~~
CITY COUNCIL \ ~ I AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item# :
3c
Resolution # :
R-OO-1621
Previous Action: None
DEPT. :
FIRE DEPARTMENT
SUBJECT:
Approval for the City Manager to sign a lease
agreement for a temporary modular building to be
used as Fire Department Administrative offices
located at 1900 Hall-Johnson Road - by Consent
Reading and Public Hearing
Backqround
During the budget process for FY 2000 we requested additional office space for Fire
Department Administration. The current amount and configuration of office space is
inadequate considering the needs of customers and the needs of operational personnel.
The modular office building will provide convenience and a customer-friendly
environment as customers enter our administrative facility. Customers currently must
approach a locked door where they must ring a doorbell, then enter the fire station and
travel through the dayroom, proceed through another door to the engine room,
negotiate a flight of stairs, then enter the administrative offices of the Fire Department.
This denotes several cumbersome issues, not the least of which concerns ADA
compliance.
(continued)
(~~&I~
CITY A ER , ~
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1621 - by Consent
Page 2
Placement of this modular building will provide enhanced accessibility to our customers
and an office for the on-duty station officer from the vacated upstairs area. Currently
the station officer has no office space for files, records, or for accomplishing personnel
related issues such as administering performance evaluations.
Base-bid requirements included a twenty-four (24) month initial term lease with the
City's "option to renew the lease for an additional three (3), twelve-month (12) terms
giving the Lessor sixty days written notice at the rate specified in the bid, or on a month-
to-month basis." Also included in the base-bid requirements were costs for delivery,
set-up, tie downs, skirting, dismantle and return, ramp, landings and stairs. Bids from
four vendors were received, opened, and read at 9:00 a.m. on March 9, 2000. The
bidders were: Williams Scotsman Inc. - $33,444; Ramtech Building Systems - $29,964;
GE Capital Modular Space - $29,423; and Satellite Shelters Inc. - $28,510. We also
received notice from Comark Building Systems, Inc., that they would not be able to bid
our specifications. Satellite Systems Inc. of Lewisville submitted the lowest bid.
Financial Impact
This item was part of the supplemental appropriations list approved by Council on
December 21, 1999, Ordinance 0-99-1196. Funds are available from the Fire
Department FY2000 capital budget in the amount of $19,500 for the first year of
expenditures. This amount includes expenditures for delivery, set-up, and lease of the
building itself (approximately $11,470) with the remaining balance to be used for utility
connections, phone relocation, and monthly electric service. Initial expenditures for
FY2000 will breakdown as follows with regard to the low bidder (assuming six months
lease for remainder of FY2000):
Delivery and set-up, tie downs, ramp/landing, skirting (all)
Six months lease (beginning April 1 through September)
Telephone hook-up relocation
Six months of electric utility billing
Electrical and utility connections
Total expenditure for FY2000
$ 6,490
$ 4,980
$ 2,000
$ 1 ,800
$ 4.230
$19,500
Recommendation
Approval of Resolution R-00-1621 to sign a lease agreement with Satellite Shelters,
Inc., in the amount of $28,510 for a temporary modular building to be used as Fire
Department Administration offices at 1900 Hall-Johnson Road.
- BID TABULATION -
MODULAR OFFICE BUILDING
FOR
FIRE ADMINISTRATION
Vendors Satellite GE Modular Ramtech Wm Scotsman
Items
Delivery $600 $400 $804 $599
Block/level $1,800 $1 ,425 $4,4 71 $2,250
Tie Downs $300 $475 $250 included
Skirting $1,200 $975 $790 $1,512
24-mo Lease $19,920 $23,928 $21,024 $24,720
Dismantle $1,500 $1,820 $1,825 $1 ,850
Return $600 $400 $800 $599
Ramp $2,590 included included $1,914
Deck included included included included
Totals $28,510 $29,423 $29,964 $33,444
These bids were opened at 9:00 a.m., Thursday, March 9, 2000 at 5400 Bransford Rd. in the Council
m ers.
......
~ ~::i~
~YL ~ V
"
Witnessed by Ken Kolsti
COLLEYVlLLE FIRE DEPARTMENT
ci.ry Qf
CQ~~~
CITY COUNCIL ~ AGENDA BRIEFING
For mtg. : 3/21/00 CMO Approval:
Item#:
3d
Resolution # :
R-OO-1621
DEPT. :
FINANCE
SUBJECT:
Approval of a Contract with First Southwest
Company for financial advisory services-by
consent
Previous Action: None
Reading and Public Hearing
Backoround
First Southwest Company is the City's financial advisor for bond sales. Attached is an
updated contract containing additional services offered and updated legal language.
There is no fee increase contained in this contract.
Recommendation
Approval of the contract with First Southwest Company for financial advisory services.
~~ ~iK&I~
IrYM~ R 71
~;~d~/--'
DEPART, D
FINANCIAL REVIEW (IF NECESSARY)
FINANCIAL ADVISORY AGREEMENT
This Financial Advisory Agreement (the "Agreement") is made and entered into by and between City
ofColleyville, Texas ("Issuer") and First Southwest Company ("FSC") effective as of the date executed by
the Issuer as set forth on the signature page hereof.
WITNESSETH:
WHEREAS, the Issuer will have under consideration from time to time the authorization and issuance
of indebtedness in amounts and forms which cannot presently be determined and, in connection with the
authorization, sale, issuance and delivery of such indebtedness, Issuer desires to retain an independent
financial advisor; and
WHEREAS, the Issuer desires to obtain the professional services of FSC to advise the Issuer
regarding the issuance and sale of certain evidences of indebtedness or debt obligations that may be authorized
and issued or otherwise created or assumed by the Issuer (hereinafter referred to collectively as the "Debt
Instruments") from time to time during the period in which this Agreement shall be effective; and
WHEREAS, FSC is willing to provide its professional services and its facilities as fmancial advisor
in connection with all programs of financing as may be considered and authorized by Issuer during the period
in which this Agreement shall be effective.
NOW, TIIEREFORE, the Issuer and FSC, in consideration of the mutual covenants and agreements
herein contained and other good and valuable consideration, do hereby agree as follows:
SECTION I
DESCRIPTION OF SERVICES
Upon the request of an authorized representative of the Issuer, FSC agrees to perform the financial
advisory services stated in the following provisions of this Section I; and for having rendered such services,
the Issuer agrees to pay to FSC the compensation as provided in Section V hereof.
A. Financial Plannin2. At the direction ofIssuer, FSC shall:
1. Survey and Analysis. Conduct a survey of the fmancial resources of the Issuer to
determine the extent of its capacity to authorize, issue and service any Debt Instruments
contemplated. This survey will include an analysis of any existing debt structure as
compared with the existing and projected sources of revenues which may be pledged to
secure payment of debt service and, where appropriate, will include a study of the trend of
the assessed valuation, taxing power and present and future taxing requirements of the Issuer.
In the event revenues of existing or projected facilities operated by the Issuer are to be
pledged to repayment of the Debt Instruments then under consideration, the survey will take
into account any outstanding indebtedness payable from the revenues thereof, additional
revenues to be available from any proposed rate increases and additional revenues, as
projected by consulting engineers employed by the Issuer, resulting from improvements to
be financed by the Debt Instruments under consideration.
2. Future Financings. Consider and analyze future financing needs as projected by the
Issuer's staff and consulting engineers or other experts, if any, employed by the Issuer.
3. Recommendations for Debt Instmrnents. On the basis of the information developed
by the survey described above, and other information and experience available, submit to the
Issuer recommendations regarding the Debt Instruments under consideration, including such
elements as the date of issue, interest payment dates, schedule of principal maturities, options
of prior payment, security provisions, and such other provisions as may be appropriate in
order to make the issue attractive to investors while achieving the objectives of the Issuer.
All recommendations will be consistent with the goal of designing the Debt Instruments to
be sold on tenns which are advantageous to the Issuer, including the lowest interest cost
consistent with all other considerations.
4. Market Information. Advise the Issuer of our interpretation of current bond market
conditions, other related forthcoming bond issues and general information, with economic
data, which might nonnally be expected to influence interest rates or bidding conditions so
that the date of sale of the Debt Instruments may be set at a favorable time.
5. Elections. In the event it is necessary to hold an election to authorize the Debt
Instruments then under consideration, FSC will assist in coordinating the assembly of such
data as may. be required for the preparation of necessary petitions, orders, resolutions,
ordinances, notices and certificates in connection with the election, including assistance in
the transmission of such data to a firm of municipal bond attorneys ("Bond Counsel")
retained by the Issuer.
B. Debt Management and Financial Imolementation. At the direction ofIssuer, FSC shall:
1. Method of Sale. Evaluate the particular financing being contemplated, giving
consideration to the complexity, market acceptance, rating, size and structure in order to
make a recommendation as to an appropriate method of sale, and:
a. If the Debt Instruments are to be sold by an advertised competitive sale, FSC
will:
2
(1) Supervise the sale of the Debt Instruments, reserving the right, alone
or in conjunction with others, to submit a bid for any Debt Instruments
issued under this Agreement which the Issuer advertises for competitive
bids; however, in keeping with the provisions of Rule G-23 of the Municipal
Securities Rulemaking Board, FSC will request and obtain written consent
to bid prior to submitting a bid, in any instance wherein FSC elects to bid,
for any installment of such Debt Instruments;
(2) Disseminate information to prospective bidders, organize such
informational meetings as may be necessary, and facilitate prospective
bidders' efforts in making timely submission of proper bids;
(3) Assist the staff of the Issuer in coordinating the receipt of bids, the
safekeeping of good faith checks and the tabulation and comparison of
submitted bids; and
(4) Advise the Issuer regarding the best bid and provide advice
regarding acceptance or rejection of the bids.
b. If the Debt Instruments are to be sold by negotiated sale, FSC will:
(I) Recommend for Issuer's final approval and acceptance one or more
investment banking firms as managers of an underwriting syndicate for the
purpose of negotiating the purchase of the Debt Instruments.
(2) Cooperate with and assist any selected managing undeIWriter and
their counsel in connection with their efforts to prepare any Official
Statement or Offering Memorandum. FSC will cooperate with and assist the
underwriters in the preparation of a bond purchase contract, an underwriters
agreement and other related documents. The costs incurred in such efforts,
including the printing of the documents, will be paid in accordance with the
terms of the Issuer's agreement with the underwriters, but shall not be or
become an obligation of FSC, except to the extent specifically provided
otherwise in this Agreement or assumed in writing by FSC.
(3) Assist the staff of the Issuer in the safekeeping of any good faith
checks, to the extent there are any such, and provide a cost comparison, for
both expenses and interest which are suggested by the undeIWriters, to the
then current market.
3
(4) Advise the Issuer as to the fairness of the price offered by the
underwriters.
2. Offering Documents. Coordinate the preparation of the notice of sale and bidding
instructions, official statement, official bid form and such other documents as may be
required and submit all such documents to the Issuer for examination, approval and
certification. After such examination, approval and certification, FSC shall provide the Issuer
with a supply of all such documents sufficient to its needs and distribute by mail sets of the
same to prospective purchasers of the Debt Instruments. Also, FSC shall provide copies of
the final Official Statement to the purchaser of the Debt Instruments in accordance with the
Notice of Sale and Bidding Instructions.
3. Credit RatinlZS. Make recommendations to the Issuer as to the advisability of
obtaining a credit mting, or mtings, for the Debt Instruments and, when directed by the Issuer,
coordinate the preparation of such information as may be appropriate for submission to the
mting agency, or agencies. In those cases where the advisability of personal presentation of
information to the rating agency, or agencies, may be indicated, FSC will arrange for such
personal presentations, utilizing such composition of representatives from the Issuer as may
be finally approved or directed by the Issuer.
4. Trustee. PavinlZ AlZent. RelZistrar. Upon request, counsel with the Issuer in the
selection of a Trustee and/or Paying AgentlRegistrar for the Debt Instruments, and assist in
the negotiation of agreements pertinent to these services and the fees incident thereto.
5. Financial Publications. When appropriate, advise financial publications of the
forthcoming sale of the Debt Instruments and provide them with all pertinent information.
6. Consultants. After consulting with and receiving directions from the Issuer, arrange
for such reports and opinions of recognized independent consultants as may be appropriate
for the successful marketing of the Debt Instruments.
7. Auditors. In the event formal verification by an independent auditor of any
calculations incident to the Debt Instruments is required, make arrangements for such
services.
8. Issuer Meetings. Attend meetings of the governing body of the Issuer, its staff,
representatives or committees as requested at all times when FSC may be of assistance or
service and the subject of fmancing is to be discussed.
9. PrintinlZ. To the extent authorized by the Issuer, coordinate all work incident to
printing of the offering documents and the Debt Instruments.
4
10. Bond Counsel. Maintain liaison with Bond Counsel in the preparation of all legal
documents pertaining to the authorization, sale and issuance of the Debt Instruments.
11. ChanJZes in Laws. Provide to the Issuer copies of proposed or enacted changes in
federal and state laws, rules and regulations having, or expected to have, a significant effect
on the municipal bond market of which FSC becomes aware in the ordinary course of its
business, it being understood that FSC does not and may not act as an attorney for, or provide
legal advice or services to, the Issuer.
12. Delivery of Debt Instruments. As soon as a bid for the Debt Instruments is accepted
by the Issuer, coordinate the efforts of all concerned to the end that the Debt Instruments may
be delivered and paid for as expeditiously as possible and assist the Issuer in the preparation
or verification of final closing figures incident to the delivery of the Debt Instruments.
13. Debt Service Schedule: Authorizing Resolution. After the closing of the sale and
delivery of the Debt Instruments, deliver to the Issuer a schedule of annual debt service
requirements for the Debt Instruments and, in coordination with Bond COWlsel, assure that
the paying agent/registrar andlor trustee has been provided with a copy of the authorizing
ordinance, order or resolution.
SECTION n
OTHER AVAILABLE SERVICES
In addition to the services set forth and described in Section I herein above, FSC agrees to make
available to Issuer the following services, when so requested by the Issuer and subject to the agreement by
Issuer and FSC regarding the compensation, if any, to be paid for such services, it being understood and
agreed that the services set forth in this Section n shall require further agreement as to the compensation to
be received by FSC for such services:
1. Investment of Funds. From time to time, as an incident to the other services provided hereunder as
financial advisor, FSC may purchase such investments as may be directed and authorized by Issuer to be
purchased, it being understood that FSC will be compensated in the normal and customary manner for each
such transaction. In any instance wherein FSC may become entitled to receive fees or other compensation in
any form from a third party with respect to these investment activities on behalf ofIssuer, FSC will disclose
to Issuer the nature and, to the extent such is known, the amount of any such compensation so that Issuer may
consider the information in making its investment decision. It is understood and agreed that FSC is a duly
licensed broker/dealer and is affiliated with First Southwest Asset Management, Inc. ("FSAMI"), a duly
registered investment advisor. Issuer may, from time to time, utilize the broker/dealer andlor investment
advisory services ofFSC andlor FSAMI with respect to matters which do not involve or affect the investment
of bond proceeds or the financial advisory services referenced in this Agreement. The terms and conditions
5
of the engagement ofFSC and/or FSAMI to provide such services shall not be affected by the terms of this
Agreement.
2. Exercisine Calls and Refundine. Provide advice and assistance with regard to exercising any call
and/or refunding of any outstanding Debt Instruments.
3. Capital Improvements ProlmlIDs. Provide advice and assistance in the development of any capital
improvements programs of the Issuer.
4. Lone-Ranee Plannine. Provide advice and assistance in the development of other long-range
fmancing plans of the Issuer.
5. Post-Sale Services. Subsequent to the sale and delivery of Debt Instruments, review the transaction
and transaction documentation with legal counsel for the Issuer, Bond Counsel, auditors and other experts and
consultants retained by the Issuer and assist in developing appropriate responses to legal processes, audit
procedures, inquiries, internal reviews and similar matters.
SECTION m
TERMINATION
This Agreement shall become effective at the date of acceptance by the Issuer set out herein below and
may be terminated with or without cause by the Issuer or FSC upon thirty (30) days' written notice to the other
party. In the event of such termination, it is understood and agreed that only the amount due to FSWC for
services provided and expenses incurred to the date of termination will be due and payable. No penalty will
be assessed for termination of this Agreement.
SECTION IV
COMPENSATION AND EXPENSE REIMBURSEMENT
The fees due to FSC for the services set forth and described in Section I of this Agreement with respect
to each issuance of Debt Instruments during the term of this Agreement shall be calculated in accordance with
the schedule set forth on Appendix A attached hereto. Unless specifically provided otherwise on Appendix
A or in a separate written agreement between Issuer and FSC, such fees, together with any other fees as may
have been mutually agreed upon and all expenses for which FSC is entitled to reimbursement, shall become
due and payable concurrently with the delivery of the Debt Instruments to the purchaser.
6
SECTION V
MISCELLANEOUS
1. Choice of Law. This Agreement shall be construed and given effect in accordance with the laws of
the State of Texas.
2. Binding Effect: Assignment. This Agreement shall be binding upon and inure to the benefit of the
Issuer and FSC, their respective successors and assigns; provided however, neither party hereto may assign
or transfer any of its rights or obligations hereunder without the prior written consent of the other party.
3. Entire Agreement. This instrument contains the entire agreement between the parties relating to the
rights herein granted and obligations herein assumed. Any oral or written representations or modifications
concerning this Agreement shall be of no force or effect except for a subsequent modification in writing signed
by all parties hereto.
FIRST SOUTHWEST COMPANY
By:
Hill A. Feinberg, Chairman ancr'--..
Chief Executive Officer
By:
J
S
5~
. Sabonis
ior Vice President
CITY OF COLLEYVILLE, TEXAS
By:
Title:
Date:
ATTEST:
Secretary
7
APPENDIX A
The fees due FSC will not exceed those contained in our customary fee schedule as listed below.
$9,000 for the first $1, 000.000 of bonds issued
plus $4.00 per $1,000 for the next $ 4,000,000 of bonds issued
plus $2.00 per $1,000 for the next $ 5,000,000 of bonds issued
plus $1.00 per $1,000 for the next $40.000,000 of bonds issued
plus $ .50 per $1,000 thereafter
The above charges shall be multiplied by 1.25 times for the completion of an application to a federal or state
government agency or for the issuance of revenue bonds or refunding bonds, reflecting the additional services
required.
The charges for ancillary services, including computer structuring and official statement printing, shall be
levied only for those services which are reasonably necessary in completing the transaction and which are
reasonable in amount, unless such charges were incurred at the specific direction of the Issuer.
The payment of charges for financial advisory services described in Section I of the foregoing Agreement shall
be contingent upon the delivery of bonds and shall be due at the time that bonds are delivered. The payment
of charges for services described in Section II of the foregoing Agreement shall be due and payable in
accordance with the mutual agreement therefor between FSC and Issuer.
The Issuer shall be responsible for the following expenses, if and when applicable, whether they are charged
to the Issuer directly as expenses or charged to the Issuer by FSC as reimbursable expenses:
Bond counsel
Bond printing
Bond ratings
Computer structuring
Credit enhancement
CPA fees for refunding
Official statement preparation and printing
Paying agent/registrar/trustee
Travel expenses
Underwriter and underwriters counsel
Miscellaneous, including copy, delivery, and phone charges
The payment of reimbursable expenses that FSC has assumed on behalf of the Issuer shall NOT be contingent
upon the delivery of bonds and shall be due at the time that services are rendered and payable upon receipt
of an invoice therefor subrritted lJy FSC.
e"~. Of
{'(\!~n~
~~
CITY COUNCIL Tw; AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
3e
Resolution # :
R-OO-1621
Previous Action: none
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Approval of a public hearing date for a request by
the Grapevine-Colleyville ISD to move a modular
building to Colleyville Elementary School at 5800
Colleyville Blvd. - by consent
Reading and Public Hearing
BackQround
The Grapevine-Colleyville Independent School District (GCISD) is proposing an addition
to the Colleyville Elementary School facility at 5800 Colleyville Blvd. In order to meet its
classroom needs, GCISD is relocating one modular building from the Glenhope
Elementary School campus to the Colleyville Elementary School campus. GCISD is
requesting permission to move one additional modular building into the City to the
Colleyville Elementary School campus from a facility located out of the City. The Code
of Ordinances specifies that the City Council must first set the date for holding a public
hearing prior to considering any request to move a modular building into the City.
Approval of Resolution R-00-1621 will set the date of April 4, 2000 as the public hearing
date to consider this request.
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1621
Page 2
Recommendation
Approval of Resolution R-00-1621 to set April 4, 2000 as the date for holding the public
hearing to consider the request of GCISD to move a modular building into the City.
March 10,2000
Fax: 3/10100817-577-7562
Hard Copy to Follow
':
M,. Tv!" NieJ~ICluer --:.:2_ , .. 4~
City of Colleyville ~
5400 Bransford Road
Colleyville , Texas 76034
Re: Proposed Use of Portable Classrooms at Colleyville Elementary
Dear Mr. Niederauer,
The District is planning a classroom addition for Colleyville Elementary School.
Therefore, I am requesting permission to place two (2) portable buildings on site
(indicated on Exhibit "A") during the construction. The addition at Glenhope
Elementary is scheduled for completion the end of this month and I would like to
move one portable building from Glenhope Elementary to Colleyville Elementary
to assist in housing their current enrollment The second portable would be
moved from Grapevine Elementary shortly thereafter.
As we discussed over the telephone this morning, I will be waiting to hear from
you as to whether or not this request will have to be submitted to the City Council
as an agenda item. In the past the process required two (2) council meetings
end I am asking if there is anything I can do that would expedite the process. I
will be filling the appropriate permit applications tOday with your office.
I appreciate your assistance with this project and J look forward to working with
you. If you need additional information from me, please feel free to contact me at
817-251-5610.
Sincere.JY.,
/ ~L
/ ' (/ /
/ I _ ~/
2/1 .~(/'/ .
Valeri~
Operations - Project Manager
c: File
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CITY COUNCIL 7...,. AGENDA BRIEFING
For mtg. : 03/21/00 CMO Approval:
Item # :
3f
Resolution # :
R-oo-1621
Previous Action: None
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT:
Authorizing the purchase of production and
distribution services from Sheridan Commun-
ications in the amount of $19,928 for four issues
of the Colleyville Communicator, the City's
quarterly newsletter - by Consent
Reading and Public Hearing
Backaround
In January 1996, City staff accepted bids for writing, editing, publication and distribution
of four issues of the Colleyville Communicator, the City Council newsletter. The
contract also included 320 additional copies of each edition that the City Manager's
Office distributes to employees in all City departments and inserts into new resident
welcome packets. Recent extensions of this contract also include a $20 charge per
edition for converting the newsletter into a format that allows City staff to post the
content on the Web.
The original contract allowed five (5) one-year extensions. This extension would be the
fourth and would cover issues in April, July, September and December 2000. A fifth
and final extension would cover April through December issues in 2001 before this
contract would have to be rebid.
(continued)
~~~#&IJS~
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1621
Page 2
Sheridan Communications is requesting an increase in the annual contract dollar
amount of $2,661 over the 1999 cost for a total of $19,928. This is an increase of
15.4%. The annual amount for the original contract was $16,139 for two-color
production. This extension would bring the total aggregate increase to $3,789 per year
or 23.48%, which is within the 25% "shall not exceed" limit in the original contract. This
price increase request is $245.75 under the maximum ceiling of $20,173.75 .
Attached are two letters from Judy Sheridan that outline three reasons for the requested
price increase:
· Re-estimation of the actual time and effort required to produce and include
maps and diagrams in addition to article text
· The 1999 price included printing and distribution of 7,720 copies per issue.
The extension includes 8,165 copies per issue, an increase of 5.76% that will
include all P.O. boxes and occupied street addresses as the City's population
grows through the year.
· Replacement of obsolete computer equipment
Sheridan Communications has been producing the Colleyville Communicator since
December 1990 and offers familiarity with City officials, administrators and programs.
Financial Impact
Funds are available in the City Secretary/Council budget under line item 001-14-6256,
newsletter. The December 2000 issue will be budgeted for and paid from 001-14-6256
in the FY2001 City Secretary/Council budget.
Recommendation
Staff recommends extending the current contract with Sheridan Communications
through calendar year 2000 at a cost of $19,928.
c11r Of
cn~~
CITY COUNCIL ~ AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item# :
4
Ordinance # :
0-00-1206
Previous Action: 3/7/2000
DEPT. :
FINANCE
SUBJECT:
Authorizing Issuance of $2,860,000 of Tax
Anticipation Notes for Hall-Johnson Road
Improvements
Second Reading and Public Hearing
Backoround
On Tuesday March 21st, the City will be holding a negotiated sale of the notes with Dain
Rauscher Incorporated as the underwriter. The size of the issue may be increased to
accommodate the cost of the additional rating of the issue by Fitch and other costs of
Issuance.
First Reading and Public Hearing
Sackoround
Attached is Ordinance 0-00-1206 authorizing the issuance of $2,860,000 of Tax
Anticipation Notes for improvements to Hall-Johnson Road. On Tuesday afternoon
March 21, 2000, the notes and the Colleyville Economic Development Corporation
Sales Tax Revenue bonds for the proposed City Hall facility will be sold through a
negotiated sale to an underwriter. The sale results bid will be made available to the
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1206
Page 2
Council at the March 21st Council meeting.
Recommendation
Approval of Ordinance 0-00-1206.
ORDINANCE NO. O-M-I)()6
AN ORDINANCE authorizing the issuance of "CITY OF COLLEYVILLE, TEXAS,
TAX NOTES, SERIES 2000"; specifying the terms and features of said
notes; levying a continuing direct annual ad valorem tax for the payment of
said notes; and resolving other matters incident and related to the issuance,
sale, payment and delivery of said notes, including the approval and
execution of a Paying Agent/Registrar Agreement and a Purchase Contract
and the approval and distribution of an Official Statement; and providing an
effective date.
WHEREAS, pursuant to V.T.C.A., Government Code, Chapter 1431 (hereinafter called
the "Act"), the City Council is authorized and empowered to issue anticipation notes to pay
contractual obligations to be incurred (i) for the construction of any public work and (ii) for the
purchase of materials, supplies, equipment, machinery, buildings, lands and rights-of-way for the
City's authorized needs and purposes; and
WHEREAS, in accordance with the provisions of the Act, the City Council hereby finds
and determines that anticipation notes should be issued and sold atthis time to finance the costs
of paying contractual obligations to be incurred for (i) constructing street improvements and
related drainage. traffic signalization and right-of-way and land acquisition, and (ii) professional
services rendered in relation to such projects and the financing thereof; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS:
SECTION 1: Authorization - Desionation- Princioal Amount-Puroose. Notes of the City
shall be and are hereby authorized to be issued in the aggregate principal amount of
$2,860.000, to be designated and bear the title "CITY OF COLLEYVILLE, TEXAS, TAX NOTES,
SERIES 2000" (hereinafter referred to as the "Notes"), for the purpose of paying contractual
obligations to be incurred for (i) constructing street improvements and related drainage. traffic
signalization and right-of-way and land acquisition, and (ii) professional services rendered in
relation to such projects and the financing thereof, in conformity with the Constitution and laws
of the State of Texas, including V.T.C.A., Government Code, Chapter 1431.
SECTION 2: Fullv Reoistered Oblioations - Note Date - Authorized
Denominations-Stated Maturities-Interest Rates. The Notes shall be issued as fully registered
obligations only, shall be dated March 15, 2000 (the "Note Date"), shall be in denominations of
$5.000 or any integral multiple thereof, and shall become due and payable on February 15 in
each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per
annum rate(s) in accordance with the following schedule:
.H20'.1
Year of Principal Interest
Stated Maturity Amount Rate(s)
2004 $ 525,000 - %
2005 670,000 - %
2006 785,000 - %
2007 880,000 - %
The Notes shall bear interest on the unpaid principal amounts from the Note Date at the
rates per annum shown above in this Section (calculated on the basis of a 360-day year of
twelve 30-day months), and such interest shall be payable on February 15 and August 15 of
each year, commencing February 15, 2001.
SECTION 3: Terms of Payment-PaYina Aaent/Reaistrar. The principal of, premium, if
any, and the interest on the Notes, due and payable by reason of maturity or otherwise, shall be
payable only to the registered owners or holders of the Notes (hereinafter called the "Holders")
appearing on the registration and transfer books maintained by the Paying Agent/Registrar and
the payment thereof shall be in any coin or currency of the United States of America, which at
the time of payment is legal tender for the payment of public and private debts, and shall be
without exchange or collection charges to the Holders.
The selection and appointment of the
to serve as Paying Agent/Registrar for the
Notes is hereby approved and confirmed. Books and records relating to the registration,
payment, transfer and exchange of the Notes (the "Security Register") shall at all times be kept
and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in
accordance with the terms and provisions of a "Paying Agent/ Registrar Agreement",
substantially in the form attached hereto as Exhibit A, and such reasonable rules and
regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City
Secretary are authorized to execute and deliver such Agreement in connection with the delivery
of the Notes. The City covenants to maintain and provide a Paying Agent/Registrar at all times
until the Notes are paid and discharged, and any successor Paying Agent/Registrar shall be a
bank, trust company, financial institution or other entity qualified and authorized to serve in such
capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in
the Paying Agent/Registrar for the Notes, the City agrees to promptly cause a written notice
thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice
shall also give the address of the new Paying Agent/Registrar.
Principal of and premium, if any, on the Notes shall be payable at the Stated Maturity,
only upon presentation and surrender of the Notes to the Paying Agent/Registrar at its
designated offices in (the "Designated PaymentfTransfer Office").
Interest on the Notes shall be paid to the Holders whose name appears in the Security Register
at the close of business on the Record Date (the last business day of the month next preceding
the interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent
United States Mail, first class postage prepaid, to the address of the Holder recorded in the
Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar,
12520'.1
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requested by, and at the risk and expense of, the Holder. If the date for the payment of the
principal of or interest on the Notes shall be a Saturday, Sunday, a legal holiday, or a day when
banking institutions in the City where the Designated PaymentfTransfer Office of the Paying
Agent/Registrar is located are authorized by law or executive order to close. then the date for
such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day when banking institutions are authorized to close; and payment on such date
shall have the same force and effect as if made on the original date payment was due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30)
days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/ Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail, first class postage prepaid, to the address of each Holder appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
SECTION 4: Non-Redeemable. The Notes shall not be subject to redemption prior to
maturity.
SECTION 5: Reaistration - Transfer - Exchanae of Notes-Predecessor Notes. The
Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and
address of each and every owner of the Notes issued under and pursuant to the provisions of
this Ordinance, or if appropriate, the nominee thereof. Any Note may be transferred or
exchanged for Notes of other authorized denominations by the Holder, in person or by his duly
authorized agent, upon surrender of such Note to the Paying Agent/Registrar for cancellation,
accompanied by a written instrument of transfer or request for exchange duly executed by the
Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar.
Upon surrender of any Note for transfer at the Designated Payment/Transfer Office of
the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name
of the designated transferee or transferees, one or more new Notes of authorized denominations
and having the same Stated Maturity and of a like aggregate principal amount as the Note or
Notes surrendered for transfer.
At the option of the Holder, Notes may be exchanged for other Notes of authorized
denominations and having the same Stated Maturity, bearing the same rate of interest and of
like aggregate principal amount as the Notes surrendered for exchange, upon surrender of the
Notes to be exchanged at the Designated Payment/Transfer Office of the Paying
Agent/Registrar. Whenever any Notes are surrendered for exchange, the Paying
Agent/Registrar shall register and deliver new Notes to the Holder requesting the exchange.
All Notes issued in any transfer or exchange of Notes shall be delivered to the Holders
at the Designated PaymentlTransfer Office of the Paying Agent/Registrar or sent by United
States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery
I2S~Og. 1
-3-
thereof the same shall be the valid obligations of the City, evidencing the same obligation to
pay, an'd entitled to the same benefits under this Ordinance. as the Notes surrendered in such
transfer or exchange.
All transfers or exchanges of Notes pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided. and except that
the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or
exchange of any tax or other governmental charges required to be paid with respect to such
transfer or exchange.
Notes canceled by reason of an exchange or transfer pursuant to the provisions hereof
are hereby defined to be "Predecessor Notes," evidencing all or a portion, as the case may be.
of the same obligation to pay evidenced by the new Note or Notes registered and delivered in
the exchange or transfer therefor. Additionally, the term "Predecessor Notes" shall include any
mutilated, lost, destroyed, or stolen Note for which a replacement Note has been issued,
registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such
new replacement Note shall be deemed to evidence the same obligation as the mutilated, lost,
destroyed, or stolen Note.
Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to
an assignee of a Holder any Note called for redemption, in whole or in part, within 45 days of the
date fixed for the redemption of such Note; provided, however, such limitation on transferability
shall not be applicable to an exchange by the Holder of the unredeemed balance of a Note
called for redemption in part.
SECTION 6: Book-Entrv Only Transfers and Transactions. Notwithstanding the
provisions contained in Sections 3 and 5 hereof relating to the payment, and transfer/exchange
of the Notes, the City hereby approves and authorizes the use of "Book-Entry Only" securities
clearance, settlement and transfer system provided by The Depository Trust Company (DTC),
a limited purpose trust company organized under the laws of the State of New York, in
accordance with the operational arrangements referenced in the Blanket Issuer Letter of
Representation, by and between the City and DTC (the "Depository Agreement").
Pursuant to the Depository Agreement and the rules of DTC, the Notes shall be deposited
with DTC who shall hold said Notes for its participants (the "DTC Participants"). While the Notes
are held by DTC under the Depository Agreement, the Holder of the Notes on the Security
Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of
DTC, notwithstanding the ownership of each actual purchaser or owner of each Note (the
"Beneficial Owners") being recorded in the records of DTC and DTC Participants.
In the event DTC determines to discontinue serving as securities depository forthe Notes
or otherwise ceases to provide book-entry clearance and settlement of securities transactions
in general or the City determines that DTC is incapable of properly discharging its duties as
securities depository for the Notes, the City covenants and agrees with the Holders of the Notes
to cause Notes to be printed in definitive form and provide for the Note certificates to be issued
and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the
I2S~Ot.l
-4-
Notes in definitive form shall be assigned, transferred and exchanged on the Security Register
maintained by the Paying AgenVRegistrar and payment of such Notes shall be made in
accordance with the provisions of Sections 3 and 5 hereof.
SECTION 7: Execution - Reaistration. The Notes shall be executed on behalf of the
City by the Mayor under its seal reproduced or impressed thereon and countersign~d ,by the City
Secretary. The signature of said officers on the Notes may be manual or facsImile. Notes
bearing the manual or facsimile signatures of individuals who are or were the proper officers of
the City on the Note Date shall be deemed to be duly executed on behalf of the City,
notwithstanding that such individuals or either of them shall cease to hold such offices at the time
of delivery of the Notes to the initial purchaser(s) and with respect to Notes delivered in
subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government
Code, Chapter 1201.
No Note shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Note either a certificate of registration
substantially in the form provided in Section 9C, manually executed by the Comptroller of Public
Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration
substantially in the form provided in Section 90, manually executed by an authorized officer,
employee or representative ofthe Paying AgenVRegistrar, and either such certificate duly signed
upon any Note shall be conclusive evidence, and the only evidence, that such Note has been
duly certified, registered, and delivered.
SECTION 8: Initial Note. The Notes herein authorized shall be initially issued either
(i) as a single fully registered note in the total principal amount of $2,860,000 with principal
installments to become due and payable as provided in Section 2 hereof and numbered T-1, or
(ii) as multiple fully registered Notes, being one note for each year of maturity in the applicable
prinCipal amount and denomination and to be numbered consecutively from T-1 and upward
(hereinafter called the "Initial Note(s)") and, in either case, the Initial Note shall be registered in
the name of the initial purchaser(s) or the designee thereof. The Initial Note(s) shall be the
Notes submitted to the Office of the Attorney General of the State of Texas for approval, certified
and registered by the Office of the Comptroller of Public Accounts of the State of Texas and
delivered to the initial purchaser(s). Any time after the delivery of the Initial Note(s), the Paying
AgenVRegistrar, pursuant to written instructions from the initial purchaser(s), or the designee
thereof, shall cancel the Initial Note(s) delivered hereunder and exchange therefor definitive
Notes of authorized denominations, Stated Maturities, principal amounts and bearing applicable
interest rates for transfer and delivery to the Holders named at the addresses identified therefor;
all pursuant to and in accordance with such written instructions from the initial purchaser(s), or
the designee thereof, and such other information and documentation as the Paying
AgenVRegistrar may reasonably require.
SECTION 9: Forms. A. Forms Generally. The Notes, the Registration Certificate of
the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying
AgenVRegistrar, and the form of Assignment to be printed on each of the Notes, shall be
substantially in the forms set forth in this Section with such appropriate insertions, omissions,
substitutions, and other variations as are permitted o[ required by this Ordinance and may have
I2n09.1
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such letters, numbers, or other marks of identification (including identifying numb~rs and letters
of the Committee on Uniform Securities Identification Procedures of the Am~ncan Bankers
Association) and such legends and endorsements (including insurance legends In the .event the
Notes, or any maturities thereof, are purchased with insurance and a~y reproduction ?f an
opinion of counsel) thereon as may, consistently herewith, be established. by the City. or
determined by the officers executing such Notes as evidenced by their execution. Any portion
of the text of any Notes may be set forth on the reverse thereof, with an appropriate reference
thereto on the face of the Note.
The definitive Notes and the Initial Note(s) shall be printed, lithographed, or engraved,
typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined
by the officers executing such Notes as evidenced by their execution thereof.
B.
Form of Note.
REGISTERED
NO.
REGISTERED
$
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF COLLEYVILLE, TEXAS,
TAX NOTE, SERIES 2000
Note Date:
March 15,2000
Interest Rate:
%
Stated Maturity:
CUSIP NO:
Registered Owner:
Principal Amount:
DOLLARS
The City of Colleyville (hereinafter referred to as the "City"), a body corporate and political
subdivision in the County of Tarrant, State of Texas, for value received, acknowledges itself
indebted to and hereby promises to pay to the order of the Registered Owner named above, or
the registered assigns thereof, on the Stated Maturity date specified above, without right of prior
redemption, the Principal Amount stated above and to pay interest on the unpaid principal
amount hereof from the Note Date at the per annum rate of interest specified above computed
on the basis of a 360-day year of twelve 30-day months; such interest being payable on
February 15 and August 15 in each year, commencing February 15, 2001. Principal of this Note
is payable at its Stated Maturity to the registered owner hereof, upon presentation and surrender,
at the Designated PaymentlTransfer Office of the Paying Agent/Registrar executing the
registration certificate appearing hereon, or its successor. Interest is payable to the registered
owner of this Note (or one or more Predecessor Notes, as defined in the Ordinance hereinafter
referenced) whose name appears on the "Security Register" maintained by the Paying
IH20'.1
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Agent/Registrar at the close of business on the "Record Dat~", which is the la~t business ~ay
of the month next preceding each interest payment date, and Interest shall be paId by the PaYing
Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of
the registered owner recorded in the Security Register or by such other method, All payme~ts
of principal of, premium, if any, and interest on this Note shall be without exchange or collection
charges to the owner hereof and in any coin or currency of the United States of America which
at the time of payment is legal tender for the payment of public and private debts.
This Note is one of the series specified in its title issued in the aggregate principal amount
of $2,860,000 (herein referred to as the "Notes") for the purpose of paying contractual
obligations to be incurred for (i) constructing street improvements and related drainage, traffic
signalization and right-of-way and land acquisition, and (ii) professional services rendered in
relation to such projects and the financing thereof, under and in strict conformity with the
Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City
Council of the City (herein referred to as the "Ordinance").
The Notes are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City. Reference is hereby made
to the Ordinance, a copy of which is on file in the Designated PaymentlTransfer Office of the
Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Note by
the acceptance hereof hereby assents, for definitions of terms; the description of and the nature
and extent of the tax levied for the payment of the Notes; the terms and conditions relating to
the transfer or exchange of this Note; the conditions upon which the Ordinance may be amended
or supplemented with or without the consent of the Holders; the rights, duties, and obligations
of the City and the Paying Agent/Registrar; the terms and provisions upon which this Note may
be discharged at or prior to its maturity, and deemed to be no longer Outstanding thereunder;
and for other terms and provisions contained therein. Capitalized terms used herein have the
meanings assigned in the Ordinance.
This Note, subject to certain limitations contained in the Ordinance, may be transferred
on the Security Register only upon its presentation and surrender at the Designated
PaymentlTransfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized
agent. When a transfer on the Security Register occurs, one or more new fully registered Notes
of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and
of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the
designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, shall treat the
registered owner whose name appears on the Security Register (i) on the Record Date as the
owner entitled to payment of interest hereon, (ii) on the date of surrender of this Note as the
owner entitled to payment of principal hereof at its Stated Maturity and (iii) on any other date as
the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any
~gent of either, shall be affected by notice to the contrary. In the event of nonpayment of
Interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for
12520'.1
-7-
such interest payment (a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
City. Notice of the Special Record Date and of the scheduled payment date of the past due
interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record Date by United States Mail, first class postage
prepaid, to the address of each Holder appearing on the Security Register at the close of
business on the last business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Notes is duly authorized by
law; that all acts, conditions and things required to exist and be done precedent to and in the
issuance of the Notes to render the same lawful and valid obligations of the City have been
properly done, have happened and have been performed in regular and due time, form and
manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that
the Notes do not exceed any Constitutional or statutory limitation; and that due provision has
been made for the payment of the principal of and interest on the Notes by the levy of a tax as
aforestated. In case any provision in this Note shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. The terms and provisions of this Note and the Ordinance shall be construed
in accordance with and shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the City Council of the City has caused this Note to be duly
executed under the official seal of the City as of the Note Date.
CITY OF COLLEYVILLE, TEXAS
COUNTERSIGNED:
Mayor
City Secretary
(SEAL)
125.0'.1
-8-
C. *Form of Reaistration Certificate of Comotroller
of Public Accounts to aooear on Initial Note(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
(
(
(
(
REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY that this Note has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
D. Form of Certificate of Payina Aaent/Reaistrar to aooear on Definitive Notes only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Note has been duly issued and registered under the provisions of the
within-mentioned Ordinance; the note or notes of the above entitled and designated series
originally delivered having been approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts, as shown by the records of the Paying
Agent/Registrar.
The designated offices of the Paying Agent/Registrar located in
, is the "Designated Paymentrrransfer Office" for this Note.
Registration Date:
as Paying Agent/Registrar
By
Authorized Signature
*NOTE TO PRINTER:
Do Not Print on Definitive Notes
E.
Form of Assianment.
.;n.O'.l
-9-
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
(Print or typewrite name, address, and zip code of transferee:)
DATED:
Signature guaranteed:
NOTICE: The signature on this assignment
must correspond with the name of the
registered owner as it appears on the face
of the within Note in every particular.
F. The Initial Note(s) shall be in the form set forth in oaraaraoh B of this Section. exceot
that the form of a sinale fully reaistered Initial Note shall be modified as follows:
(i) immediately under the name of the headings "Interest Rate _" and "Stated
Maturity " shall both be omitted;
(ii) paragraph one shall read as follows:
Registered Owner:
Principal Amount:
Dollars
The City of Colleyville (hereinafter referred to as the "City"), a body corporate and
municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges
itself indebted to and hereby promises to pay to the order of the Registered Owner named
above, or the registered assigns thereof, the Principal Amount hereinabove stated on
February 15 in each of the years and in principal installments in accordance with the following
schedule:
YEAR
PRINCIPAL
INSTALLMENTS
INTEREST
RATE
(Information to be inserted from schedule in Section 2 hereof).
(without right of prepayment priorto maturity) and to pay interest on the unpaid principal amounts
hereof from the Note Date at the per annum rate(s) of interest specified above computed on the
basis of a 36D-day year of twelve 3D-day months; such interest being payable on February 15
14:S209.1
-10-
and August 15 of each year, commencing February 15, 2001. Principal installments of this
Certificate are payable at its Stated Maturity to the registered owner hereof by .
(the "Paying Agent/Registrar"), upon presentation
and surrender, at its designated offices in (the "Designated
Paymentn'ransfer Office"). Interest is payable to the registered owner of this Certificate whose
name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close
of business on the "Record Date", which is the last business day of the month next preceding
each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by
check sent United States Mail, first class postage prepaid, to the address of the registered owner
recorded in the Security Register or by such other method, acceptable to the Paying Agent!
Registrar, requested by, and at the risk and expense of, the registered owner. All payments of
principal of, premium, if any, and interest on this Note shall be without exchange or collection
charges to the owner hereof and in any coin or currency of the United States of America which
at the time of payment is legal tender for the payment of public and private debts.
SECTION 10: Lew of Taxes. To provide for the payment of the "Debt Service
Requirements" of the Notes, being (i) the interest on the Notes and (ii) a sinking fund for their
redemption at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby
levied, and there shall be annually assessed and collected in due time, form, and manner, a tax
on all taxable property in the City, within the limitations prescribed by law, and such tax hereby
levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service
Requirements of the Notes shall be at a rate from year to year as will be ample and sufficient to
provide funds each year to pay the principal of and interest on said Notes while Outstanding; full
allowance being made for delinquencies and costs of collection; separate books and records
relating to the receipt and disbursement of taxes levied, assessed and collected for and on
account of the Notes shall be kept and maintained by the City at all times while the Notes are
Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the
Notes shall be deposited to the credit of a "Special 2000 Note Account" (the "Interest and Sinking
Fund") maintained on the records of the City and deposited in a special fund maintained at an
official depository of the City's funds; and such tax hereby levied, and to be assessed and
collected annually, is hereby pledged to the payment of the Notes.
Proper officers of the City are hereby authorized and directed to cause to be transferred
to the Paying Agent/Registrar for the Notes, from funds on deposit in the Interest and Sinking
Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and
principal of the Notes as the same accrues or matures; such transfers of funds to be made in
such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on
or before each principal and interest payment date for the Notes.
SECTION 11: Mutilated-Destroved-Lost and Stolen Notes. In case any Note shall be
mutilated, or destroyed. lost or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Note of like form and tenor, and in the same denomination and bearing a number
not contemporaneously outstanding, in exchange and substitution for such mutilated Note, or
in lieu of and in substitution for such destroyed, lost or stolen Note, only upon the approval of
the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence
satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Note, and of
Il520'.1
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the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Regist~ar of
indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar
harmless. All expenses and charges associated with such indemnity and with the prepa~ation.
execution and delivery of a replacement Note shall be borne by the Holder of the Note mutilated.
or destroyed, lost or stolen.
Every replacement Note issued pursuant to this Section shall be a valid and bi~ding
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably With all
other Outstanding Notes; notwithstanding the enforceability of payment by anyone of the
destroyed, lost, or stolen Notes.
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated. destroyed,
lost or stolen Notes.
SECTION 12: Satisfaction of Obliaation of Citv. If the City shall pay or cause to be paid,
or there shall otherwise be paid to the Holders, the principal of, premium, if any. and interest on
the Notes, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes
levied under this Ordinance and all covenants, agreements, and other obligations of the City to
the Holders shall thereupon cease, terminate, and be discharged and satisfied.
Notes or any principal amount(s) thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (i) money sufficient to pay in
full such Notes or the principal amount(s) thereof, together with all interest due thereon, shall
have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an
authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited
in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government
Securities have been certified by an independent accounting firm to mature as to principal and
interest in such amounts and at such times as will insure the availability, without reinvestment,
of sufficient money, together with any moneys deposited therewith, if any, to pay when due the
principal of and interest on such Notes, or the principal amount(s) thereof, on and prior to the
Stated Maturity thereof. The City covenants that no deposit of moneys or Government Securities
will be made under this Section and no use made of any such deposit which would cause the
Notes to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal
Revenue Code of 1986. as amended, or regulations adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar,
or an authorized escrow agent, pursuant to this Section which is not required for the payment
of the Notes, or any principal amount(s) thereof, or interest thereon with respect to which such
moneys have been so deposited shall be remitted to the City or deposited as directed by the
City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the
principal of and interest on the Notes and remaining unclaimed for a periOd of three (3) years
after the Stated Maturity of the Notes such moneys were deposited and are held in trust to pay
shall upon the request of the City be remitted to the City against a written receipt therefor.
Notwithstanding the above and foregoing, any remittance of funds from the Paying
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AgenVRegistrar to the City shall be subject to any applicable unclaimed property laws of the
State of Texas.
The term "Govemment Securities", as used herein, means (i) direct noncallable
obligations of the United States of America, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations
of an agency or instrumentality of the United States, including obligations unconditionally
guaranteed or insured by the agency or instrumentality and on the date of their acquisition or
purchase by the City are rated as to investment Quality by a nationally recognized investment
rating firm not less than AAA or its equivalent and (Hi) noncallable obligations of a state or an
agency or a county, municipality, or other political subdivision of a state that have been refunded
and on the date of their acquisition or purchase by the City, are rated as to investment Quality
by a nationally recognized investment rating firm not less than AAA or its equivalent.
SECTION 13: Ordinance a Contract - Amendments - Outstandina Notes. This
Ordinance shall constitute a contract with the Holders from time to time, be binding on the City,
and shall not be amended or repealed by the City so long as any Note remains Outstanding
except as permitted in this Section. The City may, without the consent of or notice to any
Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental
to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal
defect or omission herein. In addition, the City may, with the consent of Holders holding a
majority in aggregate principal amount of the Notes then Outstanding affected thereby, amend,
add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of
all Holders of Outstanding Notes, no such amendment, addition, or rescission shall (1) extend
the time or times of payment of the principal of, premium, if any, and interest on the Notes,
reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify
the terms of payment of the principal of, premium, if any, or interest on the Notes, (2) give any
preference to any Note over any other Note, or (3) reduce the aggregate principal amount of
Notes required to be held by Holders for consent to any such amendment, addition, or
rescission.
The term "Outstanding" when used in this Ordinance with respect to Notes means, as of
the date of determination, all Notes theretofore issued and delivered under this Ordinance,
except:
(1) those Notes cancelled by the Paying AgenURegistrar or delivered to
the Paying AgenURegistrar for cancellation;
(2) those Notes deemed to be duly paid by the City in accordance with
the provisions of Section 12 hereof; and
(3) those mutilated, destroyed, lost, or stolen Notes which have been
replaced with Notes registered and delivered in lieu thereof as provided in
Section 11 hereof.
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SECTION 14: Covenants to Maintain Tax-Exemot Status. (a) Definitions. When used
in this Section 14, the following terms have the following meanings:
"Closing Date" means the date on which the Notes are first authenticated
and delivered to the initial purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
"Computation Date"has the meaning set forth in Section 1.148-1 (b) of the
Regulations.
"Gross Proceeds" means any proceeds as defined in Section 1.148-1 (b)
of the Regulations, and any replacement proceeds as defined in Section
1.148-1(c) of the Regulations, of the Notes.
"Investment" has the meaning set forth in Section 1.148-1 (b) of the
Regulations.
"Nonpurpose Investment" means any investment property, as defined in
section 148(b) of the Code, in which Gross Proceeds of the Notes are invested
and which is not acquired to carry out the governmental purposes of the Notes.
"Rebate Amount" has the meaning set forth in Section 1.148-1 (b) of the
Regulations.
"Regulations" means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954, which are applicable to the Notes.
Any reference to any specific Regulation shall also mean, as appropriate, any
proposed, temporary or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
"Yield"of (1) any Investment has the meaning set forth in Section 1.148-5
of the Regulations and (2) the Notes has the meaning set forth in Section 1.148-
4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)
in a manner which if made or omitted, respectively, would cause the interest on any Note to
become includable in the gross income, as defined in section 61 of the Code, of the owner
thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless
and until the City receives a written opinion of counsel nationally recognized in the field of
municipal bond law to the effect that failure to comply with such covenant will not adversely
121:10'.1
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affect the exemption from federal income tax of the interest on any Note, the City shall comply
with each of the specific covenants in this Section.
(c) No Private Use or Private Payments. Except as permitted .by secti.on 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times pnor to the last
Stated Maturity of Notes:
(1) exclusively own, operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Notes, and not use or permit the use of such
Gross Proceeds (including all contractual arrangements with terms different than
those applicable to the general public) or any property acquired, constructed or
improved with such Gross Proceeds in any activity carried on by any person or
entity (including the United States or any agency, department and instrumentality
thereof) other than a state or local government, unless such use is solely as a
member of the general public; and
(2) not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
Notes or any property the acquisition, construction or improvement of which is to
be financed or refinanced directly or indirectly with such Gross Proceeds, other
than taxes of general application within the City or interest earned on investments
acquired with such Gross Proceeds pending application for their intended
purposes.
(d) No Private Loan. Except to the extent permitted by section 141 of the Code and
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Notes to
make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income
tax purposes; (2) capacity in or service from such property is committed to such person or entity
under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens
and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or
improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e) Not to Invest at Hioher Yield. Except to the extent permitted by section 148 of the
Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final
Stated Maturity of the Notes directly or indirectly invest Gross Proceeds in any Investment (or
use Gross Proceeds to replace money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Notes.
(f) Not Federallv Guaranteed. Except to the extent permitted by section 149(b) of
the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any
125201.1
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action which would cause the Notes to be federally guaranteed within the meaning of section
149(b) of the Code and the Regulations and rulings thereunder.
(g) Information ReDort. The City shall timely file the information required by section
149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and
in such place as the Secretary may prescribe.
(h) No Rebate Reauired. The City warrants and represents that it satisfies the
requirements of paragraph (2) and (3) of section 148(f) of the code with respect to the Notes
without making the payments for the United States described in such section. Specifically, the
City warrants and represents that: .
(1) the City is a govemmental unit with general taxing powers;
(2) at least 95% of the net proceeds of the Notes will be used for the
local governmental activities of the City;
(3) the aggregate face amount of all tax-exempt obligations issued or
expected to be issued by the City (and all subordinate entities thereof) in the
calendar year in which the Notes are issued is not reasonably expected to exceed
$5,000,000.
Provided, however, should additional tax exempt obligations be issued or incurred,
including lease purchase financings, in the 2000 calendar year which would cause the total face
amount of tax exempt obligations issued and incurred in such calendar year to exceed
$5,000,000, the City agrees and covenants that it will maintain complete records regarding the
investments of the proceeds of sale of the Notes and rebate any "arbitrage profits" to the United
States as required by Section 148(f) of the Code.
(i) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City
Manager and Director of Finance, individually or jointly, to make elections permitted or required
pursuant to the provisions of the Code or the Regulations, as they deem necessary or
appropriate in connection with the Notes, in the Certificate as to Tax Exemption or similar or
other appropriate certificate, form or document.
U) Qualified Tax ExemDt Obliaations. In accordance with the provisions of paragraph (3)
of subsection (b) of Section 265 of the Code, the City hereby designates the Notes to be
"qualified tax exempt obligations" in that the Notes are not "private activity bonds" as defined in
the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be
issued by the City (including all subordinate entities of the City) for the calendar year in which
the Notes are issued will not exceed $10,000,000.
SECTION 15: Sale of Notes. The Notes are hereby sold by the City to
(herein referred to as the "Purchasers") in
accordance with the Purchase Contract, dated March 21,2000, attached hereto as Exhibit B
and incorporated herein by reference as a part of this Ordinance for all purposes. The Mayor
I.2Snt.l
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is hereby authorized and directed to execute said Purchase Contract for and on behalf of t~e
City and as the act and deed of this Council. and the City Secretary is authorized to attest saId
Purchase Contract, and in regard to the approval and execution of the Purchase Contract. the
Council hereby finds, determines and declares that the representations. warranties and
agreements of the City contained therein are true and correct in all material respects and shall
be honored and performed by the City.
SECTION 16: Official Statement. The use of the Preliminary Official Statement. dated
,2000, in the offering and sale of the Notes is hereby ratified,
confirmed and approved in all respects, and the City Council hereby finds that the information
and data contained in said Preliminary Official Statement pertaining to the City and its financial
affairs is true and correct in all material respects and no material facts have been omitted
therefrom which are necessary to make the statements therein. in light of the circumstances
under which they were made, not misleading. The final Official Statement, which reflects the
terms of sale (together with such changes approved by the Mayor, City Secretary. City Manager
or Director of Finance, one or more of said officials), shall be and is hereby in all respects
approved and the Purchasers are hereby authorized to use and distribute said final Official
Statement, dated March 21, 2000, in the reoffering, sale and delivery of the Notes to the public.
SECTION 17: Control and Custodv of Notes. The Mayor of the City shall be and is
hereby authorized to take and have charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, including the printing and supply of
definitive Notes, and shall take and have charge and control of the Initial Note pending the
approval thereof by the Attomey General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the initial purchasers.
Furthermore, the Mayor, Mayor Pro Tem. City Manager, Director of Finance and City
Secretary, anyone or more of said officials, are hereby authorized and directed to furnish and
execute such documents and certifications relating to the City and the issuance of the Notes,
including certifications as to facts. estimates, circumstances and reasonable expectations
pertaining to the use, expenditure, and investment of the proceeds of the Notes, as may be
necessary for the approval of the Attorney General, the registration by the Comptroller of Public
Accounts and the delivery of the Notes to the purchasers, and, together with the City's financial
advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for
the delivery of the Initial Note to the purchasers and the initial exchange thereof for definitive
Notes.
SECTION 18: Proceeds of Sale. The proceeds of sale of the Notes, excluding the
accrued interest and premium, if any, received from the Purchasers, shall be deposited in a
construction fund maintained at the City's depository bank. Pending expenditure for authorized
projects and purposes, such proceeds of sale may be invested in authorized investments and
any investment earnings realized shall be expended for such authorized projects and purposes
or deposited in the Interest and Sinking Fund as shall be determined by the City Council.
Accrued interest and premium, if any, received from the sale of the Notes and any excess note
proceeds, including investment earnings. remaining after completion of all authorized projects
or purposes shall be deposited to the credit of the Interest and Sinking Fund.
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SECTION 19: Notices to Holders-Waiver. Wherever this Ordinance provides for notice
to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly
provided) if in writing and sent by United States Mail, first class postage prepaid, to the address
of each Holder appearing in the Security Register at the close of business on the business day
next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Notes. Where this Ordinance provides for
notice in any manner, such notice may be waived in writing by the Holder entitled to receive
such notice, either before or after the event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of
any action taken in reliance upon such waiver.
SECTION 20: Cancellation. All Notes surrendered for payment, transfer, exchange, or
replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and,
if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already
canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time
deliver to the Paying Agent/Registrarfor cancellation any Notes previously certified or registered
and delivered which the City may have acquired in any manner whatsoever, and all Notes so
delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Notes held by
the Paying Agent/Registrar shall be returned to the City.
SECTION 21: LeaalOoinion. The Purchasers' obligation to accept delivery of the Notes
is subject to being furnished a final opinion of Fulbright & Jaworski, L.L.P., Dallas, Texas,
approving the Notes as to their validity, said opinion to be dated and delivered as of the date of
delivery and payment for the Notes. An executed counterpart of said opinion shall accompany
the global notes deposited with The Depository Trust Company or a reproduction thereof shall
be printed on the definitive Notes in the event the book entry only system shall be discontinued.
SECTION 22: cUSIP Numbers. CUSIP numbers may be printed or typed on the
definitive Notes. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the definitive Notes shall be of no significance or effect as regards the legality
thereof and neither the City nor attorneys approving the Notes as to legality are to be held
responsible for cUSIP numbers incorrectly printed or typed on the definitive Notes.
SECTION 23: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied,
is intended or shall be construed to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being
intended to be and being for the sole and exclusive benefit of the City, the Paying
Agent/Registrar and the Holders.
SECTION 24: Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
1.35.09.1
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repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
SECTION 25: Govemina Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 26: Effect of Headinas. The Section headings herein are for convenience only
and shall not affect the construction hereof.
SECTION 27: Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders.
SECTION 28: Severabilitv. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 29: Continuina Disclosure Undertakina. (a) Definitions. As used in this
Section, the following terms have the meanings ascribed to such terms below:
"MSRB' means the Municipal Securities Rulemaking Board.
"NRMSIR' means each person whom the SEC or its staff has determined to be
a nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC' means the United States Securities and Exchange Commission.
"SIO' means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
(b) Annual Reports. The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year (beginning with the fiscal year ending
September 30,2000) financial information and operating data with respect to the City of the
general type included in the final Official Statement approved by Section 16 of this Ordinance,
being the information described in Exhibit C hereto. Financial statements to be provided shall
be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and
(2) audited, if the City commissions an audit of such statements and the audit is completed within
the period during which they must be provided. If audited financial statements are not available
at the time the financial information and operating data must be provided, then the City shall
provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any
'.H20t.l
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SID with the financial information and operating data and will file the annual audit report, when
and if the same becomes available.
If the City changes its fiscal year, it will notify each NRMSIR and any SID of the
change (and of the date of the new fiscal year end) prior to the next date by which the Ci~y
otherwise would be required to provide financial information and operating data pursuant to this
Section.
The financial information and operating data to be provided pursuant to this
Section may be set forth in full in one or more documents or may be included by specific
reference to any document (including an official statement or other offering document, if it is
available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or
filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR
or the MSRB, in a timely manner, of any of the following events with respect to the Notes, if such
event is material within the meaning of the federal securities laws:
1.
2.
3.
difficulties;
4.
5.
6.
Principal and interest payment delinquencies;
Non-payment related defaults;
Unscheduled draws on debt service reserves reflecting financial
Notes;
Unscheduled draws on credit enhancements reflecting financial difficulties;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the
7. Modifications to rights of holders of the Notes;
8. Note calls;
9. Defeasances;
10. Release, substitution, orsale of property securing repayment of the Notes;
and
11. Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely
manner, of any failure by the City to provide financial information or operating data in accordance
with subsection (b) of this Section by the time required by such Section.
(d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe
and perform the covenants specified in this Section while, but only while, the City remains an
"obligated person" with respect to the Notes within the meaning of the Rule, except that the City
in any event will give the notice required by subsection (c) hereof of any defeasance that cause
the City to be no longer such an "obligated person."
The provisions of this Section are for the sole benefit of the Holders and beneficial
owners of the Notes, and nothing in this Section, express or implied, shall give any benefit or any
legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes
.2SJO'.l
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to provide only the financial information, operating data, financial statements, and notices which
it has expressly agreed to provide pursuant to this Section and does not hereby undertake to
provide any other information that may be relevant or material to a complete present.ation of the
City's financial results, condition, or prospects or hereby undertake to update. any mfo~matlon
provided in accordance with this Section or otherwise, except as expressly provided herem. The
City does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Notes at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY NOTE OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE
CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section
shall constitute a breach of or default under this Ordinance for purposes of any other provision
of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit
the duties of the City under federal and state securities laws.
The provisions of this Section may be amended by the City from time to time to
adapt to changed circumstances resulting from a change in legal requirements, a change in law,
or a change in the identity, nature, status, or type of operations of the City, but only if (1) the
provisions of this Section, as so amended, would have permitted underwriters to purChase or sell
Notes in the primary offering of the Notes in compliance with the Rule, taking into account any
amendments or interpretations of the Rule to the date of such amendment, as well as such
changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal
amount (or any greater amount required by any other provision of this Ordinance that authorizes
such an amendment) of the Outstanding Notes consent to such amendment or (b) a Person that
is unaffiliated with the City (such as nationally recognized bond counsel) determines that such
amendment will not materially impair the interests of the Holders and beneficial owners of the
Notes. The provisions of this Section may also be amended from time to time or repealed by the
City if the SEC amends or repeals the applicable provisions of the Rule or a court of final
jurisdiction determines that such provisions are invalid, but only if and to the extent that
reservation of the City's right to do so would not prevent underwriters of the initial public offering
of the Notes from lawfully purchasing or selling Notes in such offering. If the City so amends the
provisions of this Section, it shall include with any amended financial information or operating
data next provided in accordance with subsection (b) an explanation, in narrative form, of the
reasons for the amendment and of the impact of any change in the type of financial information
or operating data so provided.
SECTION 30: Public Meetina. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
'n~09.1
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place, and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551.
SECTION 31: Effective Date. This Ordinance shall take effect and be in force
immediately from and after its second reading and final passage, and it is so ordained.
FIRST READING, March 7, 2000.
SECOND AND FINAL READING, PASSED AND ADOPTED March 21, 2000.
CITY OF COLLEYVILLE. TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
APPROVED AS TO FORM:
City Attorney
12520'.1
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Exhibit C
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 29 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or
under the headings of the Official Statement referred to) below:
1. The financial statements of the City appended to the Official Statement
as Appendix B, but for the most recently concluded fiscal year.
2. The information under Tables 1 through _'
Accounting Principles
The accounting principles referred to in such Section are the generally accepted
accounting principles as applicable to governmental units as prescribed by The Government
Accounting Standards Board.
IH:ZOi.l
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CCmr~~~1llJ~
CITY COUNCIL v\ k I AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
5
Ordinance # :
0-00-1207
Previous Action: 3/07/2000
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
A special use permit requested by Shawn Mackey
for private horse stables for domestic use on an
R-20 zoning district on 3.747 acres located at
4613 Patterson Lane
Second Reading and Public Hearing
First Reading and Public Hearing
BackQround
Mr. Shawn Mackey has submitted a request to obtain a Special Use Permit (SUP) for a
horse stable and barn for domestic use at 4613 Patterson Lane. Patterson Lane at this
location is a dead-end street.
The zoning ordinance permits "private horse stables for domestic use" in the AG, RE
and R-40 zoning districts as a matter of right (i.e. without additional zoning approval),
however, Special Use Permit approval by the City Council is required for this same use
in the R-30 and R-20 zoning districts because of their smaller lot size. It is assumed
that the larger lots create a buffer from other nearby lots sufficient to alleviate potential
proximity problems, whereas, the smaller lots may not, thus requiring a public hearing.
Ironically, this lot is over 3.7 acres which is considerably larger than the typical 20,000
square foot R-20 lot.
(continued)
dM~~~bt&l~~
CITY M ER 7/
~ hD~
DE A~T HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1207
Page 2
The zoning ordinance allows one horse per 15,000 s.f. of lot area and Mr. Mackey owns
3.7 acres which would permit up to 10 horses on this tract. The applicant's request
includes the construction of a barn of approximately 1,600 square feet. The zoning
ordinance limits the size of accessory buildings in the R-20 district to 900 s. f. However,
the approval of the Special Use Permit application allows the City Council to establish a
building size that is appropriate for the proposed use and the size of the tract. The
proposed ordinance includes authorization for the 1,600 s.f. barn. The following is an
excerpt from the zoning regulations pertaining to private stables:
Private stables for the keeping of grazing animals, provided:
1) Significant ground accumulations of manure shall be collected and
properly disposed so as not to create offensive odors, fly breeding,
or in any way become a health hazard or nuisance to humans or
animals;
2) Fences for pens, corrals or similar enclosures shall be of sufficient
height and strength to properly retain the grazing animal(s) on the
premises; and
3) The minimum space area of the lot upon which such grazing
animal(s) may be kept, including pens, corrals, and stables, shall
not be less than 15,000 square feet per each grazing animal over
five hundred (500) pounds and not less than five thousand (5,000)
s uare feet for an other razin animal.
There is a single family house currently on the site, and the applicant has indicated by
sketch where he would like to place the stable / barn. He is demolishing his existing
1,600 s.f. barn. The properties surrounding this tract are all developed single-family,
however, many of those on Patterson Lane are on large lots and several of these
properties also have horses and barns. Attachment #1 contains an analysis of this
proposal regarding the adopted plans of the City.
In a survey of properties in the immediate area around the subject site, staff found a
number of sites that included barns, stables and horses along Patterson Lane.
Summary:
The request for rezoning is consistent with the Master Plan. Staff feels that the
proposed use at this location has little impact on the surrounding properties. Staff
received letters (Attachment #2) from Edward and Sarah Fairchild, and Frank Whitmire
supporting this request. The Fairchilds are the owners of the property to the west who
would be most impacted by this request.
Agenda Briefing
Ordinance 0-00-1207
Page 3
Since this is an SUP, the City Council may set limits different than, or in addition to,
those noted in the proposed ordinance. The Planning and Zoning Commission
considered this request at the February 14, 2000 meeting and recommended approval
of the request by a unanimous vote.
Recommendation
Approval of Ordinance 0-00-1207 to approve the request for a Special Use Permit for
private horse stables for domestic use.
Case: 5-00-001
GENERAL PROJECT INFORMATION SHEET
1. Compliance With Master Plan. This proposal is compatible with the Col/eyville
Master Plan adopted in 1998 since the plan indicates residential uses for this tract.
2. Existing Land Use: The property currently has an existing single family dwelling.
3. Proposed Land Use: The applicant is requesting a Special Use Permit for a barn
to stable one or more horses.
4. Surrounding Zoning: All of the zoning surrounding the property from Glade Road
south is R-20. The property abutting the subject tract on the south is zoned R-40.
Since this is an SUP only, the base zoning of R-20 will remain.
5. Density: Since there is no "zoning change", there will be no change to density.
6. Thoroughfare Plan: Patterson Lane is not on the Colleyville Thoroughfare Plan for
improvements.
7. Parks Master Plan: This site is not impacted by the Colleyville Parks Master Plan
adopted in 1996.
8. Open Space Requirement This development does not require any open space
reserve.
9. Park Land Dedication: The Park Land Dedication Ordinance does not apply to this
SUP request.
10. Trail System Plan: There are no trail systems proposed in the Colleyville Pathways
Plan that are impacted by this property.
Attachment #1
P1amiing & Zoning Commission
City ofCoUeyville
P.O. Box 18S
Colleyvil1e, TX 76034
Re: Case Number Z-00-010
Dear PIlIDDing & Zoning Commission Members:
February 10, 2000
ECEIVE
F~9 1 0 2(D)
CJTY OF COllEYVlllE
BY COMMUNITY DEVELOPMENT
We are the owners of the 4.24 acre parcel of land (Muzyka Addition Block 1 Lot 1 R) located to the
immediate West of Mr. Shawn Mackey's property. We share a common property border of
approximately 1380 feet.
We would like to submit the fellowing concerning Mr. Mackey's request for a special use pennit for a
private horse stable for domestic use & accessory building (barn) on 3.747 acres located at 4613 Patterson
Lane.
1. Rules for anything are generally devised for the "normal". By definition that means there are always
situations that do not fit the "normal" pattern for which the rules were writton. When that occurs, it is
only logical and reasonable that the "normal" rules be waived.
2. Mr. Mackey's property should DOt be subjected to the restrictions of"nqrmal" R20 property in
Colleyville.
· It is in the shape of a flag with the bulk of his property set back over 400 feet from the public road
that services his property. The proposed barn will be setback over 700 feet. It is a fa<< that no
one can even drive by his property.
· What he does or does not do is not now nor will it ever be visible from the public road that
services his property.
· At 3.141 acres his property is several times larger than the "normal" R20 (Yi to % acre) property
located in a subdivision.
· Building line and maximum constructed property size restrictions simply are not logical nor are
they appropriate under the circumstances.
· Whether be already hu a horse or doem't have a horse is irrelevant.
· Whether he already bas a barn or doem't have a barn is also irrelevant.
3. To deny Mr. Mackey the right to build his barn is to devalue his property. Ifbe is not allowed to
improve and to use his property in the mllDDer he proposes, his property rights will have been
unnecessarily and inappropriately restricted. This type of activity is the very reason a person
purchases this much property in the fll'st place.
4. What be propolleS to do is reuooable and well within the property uses that are allowed on numerous
properties all over ColleyviUe. In fact many of those properties are much smaller and a lot more
visible to the public than his is.
S. Mr. Mackey should be allowed to build the barn u proposed.
We appreciate the opportuDity to comment on Mr. Mackey's proposal.
a~~~1
Attachment #2
2 February 2000
REF: Zoning Case Z-00-01 0
Planning and Zoning Commission
City of Colleyville
P.O. Box 185
Colleyville TX 76034
My property joins the property in this case on the South end. I believe this
resident is in the concrete contracting business. With assurances that he
will not use this barn for business purposes, I will have no objections to this
permit.
Frank L. Whitmire
2300 Oak Knoll Court
Colleyville TX 76034
Attachment #2
ORDINANCE 0-00-1207
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP BY
AUTHORIZING A SPECIAL USE PERMIT FOR PRIVATE HORSE STABLES FOR
DOMESTIC USE ON LOT 2, CLARK ADDITION; PROVIDING FOR A PENALTY FOR
VIOLATIONS AND AUTHORIZING PUBLICATION:
WHEREAS, an application for a special use permit was filed by Shawn Mackey on
January 14, 2000, under Case No. S-00-001; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing; and
WHEREAS, notices were posted on the subject land as provided by the zoning
ordinance; and
WHEREAS, public hearings to change the zoning and the Master Plan on the property
herein described were held before the Planning and Zoning Commission
and the City Council, and the Planning and Zoning Commission has
heretofore made a recommendation; and,
WHEREAS, the City Council is of the opinion that the zoning change herein
effectuated furthers the purpose of zoning as set forth in the Zoning
Ordinance and is in the best interest of the citizens of the City of
Colleyvi lie;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Zoning Ordinance of the City of Colleyville,
Texas, and the accompanying Zoning Map (Exhibit A) are hereby
amended insofar as they relate to certain land located in Colleyville, Texas,
on Lot 2, Clark Addition, by authorizing a Special Use Permit for a private
horse stable for domestic use. with all site plans which are conceptual in
nature, supporting documents, and other conditions and restrictions
imposed and approved by the Council which are incorporated herein by
reference and subject to the following conditions:
a. The proposed barn structure may not exceed 1,600 square feet in area
and be similar to that shown on Exhibit "B".
Ordinance 0-00-1207
Page 2 of 4
Sec. 2.
THAT any person, firm or corporation violating any of the provisions of thir
ordinance as read together with the Zoning Ordinance of the City of
Colleyville shall be guilty of a misdemeanor and upon conviction thereof
shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a separate
offense and shall be punishable as such.
Sec. 3.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2000.
day of
The second reading and public hearing being conducted on the
,2000.
day of
ATTEST:
CITY OF COLLEYVILLE:
Jean Harris, CMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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Ordinance 0-00-1207
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Conceptual Elevation Drawing of Barn
Ordinance 0-00-1207
Page 4 of 4
CC~8~
CITY COUNCIL 7.,:' AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
6
Ordinance # :
0-00-1208
Previous Action: 3/07/2000
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
A special use permit requested by Paul Kramer for
private horse stables for domestic use in an R-20
zoning district on 2.46 acres located at 4809 Bill
Simmons Road
Second Reading and Public Hearing
Update
The applicant has submitted a letter requesting this item be tabled since he is traveling
out of town on March 21, 2000. A copy of the letter is attached. Staff recommends
tabling the item, but the applicant has been advised that the Council could take action
on the request at the meeting.
Recommendation
Table to the April 4, 2000 meeting.
(continued)
~M0~
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DEPAR T HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1208
Page 2
First Reading and Public Hearing
Backoround
Mr. Paul Kramer is the owner of this 2.46 acre tract of land located on Bill Simmons
Road that is currently zoned R-20 - Single Family Residential. The property has an
existing single family dwelling and the applicant is requesting a Special Use Permit for a
private horse stable for domestic use. The zoning regulations permit this type of use in
the AG, RE and R-40 zoning districts as a matter of right (i.e. without additional zoning
approval), however, Special Use Permit approval by the City Council is required for this
same use in the R-30 and R-20 zoning districts because of their smaller lot size.
During the public hearing process at the Planning and Zoning meeting, several of the
surrounding neighbors expressed concern about the size and location of the barn
proposed by the applicant. At the first public hearing, the Commission tabled the SUP
request to allow the applicant and the adjoining property owner's an opportunity to come
to an agreement on the conditions for this SUP. Mr. Kramer wants to build a 1,548
square foot barn to stable three horses, but several of the neighbors wanted to limit the
size of the barn to 900 square feet. The barn would be built 75 feet from the Patterson
Lane right-of-way.
In the course of the negotiations with the neighbors, the applicant has come to terms
with the two most affected owners to the north. A copy of the applicant's letters of
agreement are attached as Exhibit "1" and "2". However, Staff received a petition
(attached as Exhibit "3") from the other owners in the vicinity in opposition to the 1,548
s. f. barn unless it is placed 100 feet or more from Patterson Lane. According to the
petition, the surrounding neighbors would support a 900 square foot barn placed at 75
feet from Patterson Lane. Even though they offered options to garner support, the
opposition forces the super majority requirement as stated in Section 33.1 of the Zoning
Ordinance: "No change of which the Planning and Zoning Commission has
recommended denial or in case of a protest against such change, signed by the owners
of twenty (20) percent or more of either the are of lots or land included in such proposed
change, or lots or land immediately adjoining same and extending two hundred (200)
feet therefrom, filed with the City Secretary, shall be passed except by a favorable vote
of three-fourths (3/4) of all members of the City Council." Included in the following
material is a set of letters from surrounding property owners that were received prior to
first public hearing.
The Planning and Zoning Commission considered this request for a Special Use Permit
at the February 14, 2000 meeting and recommended approval by a unanimous vote,
subject to the following conditions which have been incorporated into the proposed
ordinance:
PAUL JAMES KRAMER
5504 MlRAMAR LANE
COLLEYVILLE. TEXAS 76034
(817) 267-9167 FAX (972) 337-8320
March 14,2000
Mr. Barry LeBaron
City of Colleyville City Hall
Colleyville, Texas 76034
Re: 0-00- 1208
Sent via fax to (817) 577-7564
Dear Mr. LeBaron:
I would like to respectfully request having the above referenced S.U.P- application
tabled for the next council meeting.
Based upon the information I have received from some of the council members, T would
like to visit with a few of my neighbors and re-evaluate my application before proceeding
further.
I am out of town traveling a good part of this week, so I would like to table this in order
to have more time to make a decision on moving forward.
Please feel free to confirm that this can be tabled by faxing back to me at (972) 337-
8320 or via e-mail atpk@polv-america.com.
ro~
Paul J. Kramer
ORDINANCE 0-00-1208
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP BY
AUTHORIZING A SPECIAL USE PERMIT FOR PRIVATE HORSE STABLES FOR
DOMESTIC USE ON 2.46 ACRES OF LAND OUT OF THE S. COTRAIL SURVEY, A-
328; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING
PUBLICATION:
WHEREAS, an application for a special use permit was filed by Paul Kramer on
December 3, 1999, under Case No. S-99-085; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing; and
WHEREAS, notices were posted on the subject land as provided by the zoning
ordinance; and
WHEREAS, public hearings to change the zoning and the Master Plan on the propert~
herein described were held before the Planning and Zoning Commission
and the City Council, and the Planning and Zoning Commission has
heretofore made a recommendation; and,
WHEREAS, the City Council is of the opinion that the zoning change herein
effectuated furthers the purpose of zoning as set forth in the Zoning
Ordinance and is in the best interest of the citizens of the City of
Colleyville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Zoning Ordinance of the City of Colleyville,
Texas, and the accompanying Zoning Map (Exhibit A) are hereby
amended insofar as they relate to certain land located in Colleyville, Texas,
described by metes and bounds (Exhibit B), by authorizing a Special Use
Permit for a horse stable for domestic use, with all site plans which are
conceptual in nature, supporting documents, and other conditions and
restrictions imposed and approved by the Council which are incorporated
herein by reference including, but not limited to the conceptual site plan
(Exhibit C), and subject to the following conditions:
Agenda Briefing
Ordinance 0-00-1208
Page 3
1} no more than three (3) horses permitted on the site; and
2} any barn structure shall be built no closer than seventy-five feet (75') to the
Patterson Lane right-of-way to the east and no closer than sixty feet (60') to
the north property line; and
3} only one barn structure will be permitted and it may not exceed 1,600 square
feet in area (patio is not included in this measure).
Recommendation
Approval of Ordinance 0-00-1208 to approve a Special Use Permit for private horse
stables for domestic use, subject to the previously listed conditions.
Case: S-99-085
GENERAL PROJECT INFORMATION SHEET
1. Compliance With Master Plan. This proposal is compatible with the Colleyville
Master Plan adopted in 1998 since the plan indicates residential uses for this tract.
2. Existing Land Use: The property currently has an existing single family dwelling.
3. Proposed Land Use: he applicant is requesting a Special Use Permit for a barn to
stable a horse.
4. Surrounding Zoning: All of the zoning surrounding the property is R-20. Since this
is an SUP only, the base zoning of R-20 will remain.
5. Density: Since there is no "zoning change", there will be no change to density.
6. Thoroughfare Plan: Neither Bill Simmons nor Patterson Lane are on the Colleyville
Thoroughfare Plan for improvements.
7. Parks Master Plan: This site is not impacted by the Colleyville Parks Master Plan
adopted in 1996.
8. Open Space Requirement This development does not require any open space
reserve.
9. Park Land Dedication: The Park Land Dedication Ordinance does not apply to this
SUP request.
10. Trail System Plan: There are no trail systems proposed in the Colleyville Pathways
Plan that are impacted by this property.
Ordinance 0-00-1208
Page 2 of 6
a. No more than three (3) horses permitted on the site.
b. Any barn structure shall be built no closer than seventy-five (75') to
the Patterson Lane right-of-way to the east and no closer than sixty
feet (60') to the north property line.
c. Only one barn structure will be permitted and it may not exceed 1,600
square feet in area (patio is not included in this measure). Said barn
to be similar to that shown on Exhibit "D".
Sec. 2.
THAT any person, firm or corporation violating any of the provisions of this
ordinance as read together with the Zoning Ordinance of the City of
Colleyville shall be guilty of a misdemeanor and upon conviction thereof
shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a separate
offense and shall be punishable as such.
Sec. 3.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2000.
day of
The second reading and public hearing being conducted on the
,2000.
day of
ATTEST:
CITY OF COLLEYVILLE:
Jean Harris, CMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Ordinance 0-00-1208
Page 3 of 6
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General Location Map
Ordinance 0-00-1208
Page 4 of 6
TRACT ONE
Being 1.377 acres of land, more or less, out of Block 9, Edinburg American Land Mortgage
Company
Limited Subdivision out of the S. COTRAIL SURVEY, ABSTRACT NO.328, Tarrant County,
Texas, and described by metes and bounds as follows:
BEGINNING at an iron pin in the west line of Patterson Lane, 513.6 feet, South 00 degrees 01
minutes West from the northeast comer of said Block 9;
THENCE South 00 degrees 01 minutes West, along the west line of said Patterson Lane, 130.0
feet to an iron pin for corner;
THENCE West, 460.0 feet to an iron pin for comer in the East line of Simmons Road;
THENCE North 01 degrees 17 minutes West, along the East line of said Simmons Road;
THENCE East, 462.6 feet to the POINT OF BEGINNING.
TRACT TWO:
BEING 1.63 acres of land, more or less, out of Block 9, Edinburg American Land Mortgage
Company Limited Subdivision out of the S. COTRAIL SURVEY, ABSTRACT NO.328, Tarrant
County, Texas, and described as follows:
BEGINNING at an iron pin for corner, said point being South 00 degrees 01 minutes West a
distance of 305.9 feet from the Northeast comer of said Block 9;
THENCE South 78 degrees 00 minutes West, a distance of 194.5 feet to an iron pin for comer;
THENCE South 48 degrees 43 minutes West, a distance of 62.6 feet to an iron pin for comer;
THENCE North 88 degrees 07 minutes West a distance of 228.5 feet to an iron pin for comer,
said point being in the East Right of Way line of a 30.0 foot road;
THENCE South 01 degrees 17 minutes East with the East Right of Way line of said road a
distance of 129.8 feet to an iron pin for comer;
THENCE South 89 degrees 33 minutes East a distance of 462.6 feet to an iron pin;
THENCE North 00 degrees 01 minutes East a distance of 207.7 feet to the PLACE OF
BEGINNING.
Exhibit "B"
Metes and Bounds Description
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Conceptual Site Plan
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Page 5 of 6
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Page 6 of 6
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March 7, 2000
Dear City Council Members,
My property is within 200 feet of Mr. Kramers property. I have the same concerns as
stated in the letter submitted by Marilyn and J.E. Hodges. I have the same views and I am
opposed. I want to see the continuing positive growth and allowing a man with the purpose
of placing a horse barn and stable horses (this is in writing from Mr. Kramer in a letter
that I read) in the R-20 area and knowing he is not living at this address is ludicrous.
Sincerely,
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my address is
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TO: COLLEYVILLE CITY COUNCIL
FROM: ALVIN AND EVELYN BARR
RESIDING AT 4801 PATTERSON LANE
REASON FOR THIS LETTER: PROPERTY LOCATED AT 4809 BILL SIMMONS.
WE REGRET NOT BEING ABLE TO APPEAR IN PERSON. MY FA TIlER PASSED AWAY
MONDAY EVENING AND I AM VERY IN VOL VED IN TIlE ruNERAL ARRANGEMENTS.
COMMISSIONER FLETCHER SAID AT TIlE MEETING ON JAN. 24 THAT "HE WANTED
MR. KRAMER TO KNOW TIlAT TIlERE ARE CONCERNS FROM HIS NEIGHBORS AND THIS IS A
NON-CONFORMING USE OF THE PROPERTY AND THE COMMISSION HAS TO LISTEN TO THE
NEIGHBORS AND IF HE CAN PLEASE THE NEIGHBORS, HE CAN PLEASE TIlE COMMISSION."
WE ARE PLEASED TIIA T OUR OPINIONS ARE VALUED IN THIS PROCESS.
WE ARE RESIDENTIAL HOMEOWNERS AND ARE INTERESTED IN TIlE BEAUTIFICATION OF
OUR NEIGHBOR HOOD. PEOPLE IN OUR AREA ARE EITHER BUILDING NEW HOMES OR ARE
UPDATING AND IMPROVING DATED ONES.
FOR US, WE WOULD PREFER TO HAVE PEOPLE AND THEN THEIR HORSES FOR
NEIGHBORS, NOT JUST THEIR HORSES. WHAT EVER PROBLEMS COME WITII HAVING
HORSES WOULD THEN BE SHARED BY TIlEM AND US NOT JUST US.
WE SIGNED A PETITION (DATED FEE. 7,2000, SEE ATIACHED) IN WHICH WAS
OUTLINED TIlE RESTRICTIONS MANY OF US THOUGHT NECESSARY. WE HAVE TRIED TO
ACCOMMODATE MR. KRAMERS RECREATIONAL USE OF TIlE LAND FOR HIS HORSES EVEN
TIlOUGH TIllS LAND IS ZONED "RESIDENTIAL" FOR "PEOPLE". WE THINK THESE
RESTRICTIONS ARE STILL NECESSARY TO KEEP THE NEIGHBORHOOD MOVING IN THE
RIGHT DIRECTIONS.
MR. KRAMER WILL PROBABLY MAKE AN ISSUE OF TIlE FACT TIlA T MA.1\JY OF US
HAVE OUT-BUILDINGS ON OUR LAND AND SOME OF TIlEM ARE OLD. HE NO DOUBT PLANS
TO BUILD A NICE BARN FOR HIS HORSES. Bur THE MAIN DIFFERENCE IS TIlAT WE "LIVE"
ON OUR LAND.
IF HE IS UNWILLING TO AGREE TO THESE RESTRICTIONS, THEN HE CAN BUILD HIS
HOUSES AND PEOPLE WILL BE OUR NEIGHBORS AND THEY MAYOR MAY NOT HAVE
HORSES.
SINCERELY YOURS,
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AL VlN AND EVELYN BARR
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Petition
February 7,2000
To: Planning and Zoning Commission of Colleyville, Texas
We, the following owners of property within 200 feet of the proposed Zoning
Change, have received your notice concerning a special use permit requested
by Paul Kramer for private horse stables for domestic use in an R-20 zoning
district on 2.46 acres located at 4809 Bill Simmons Road. This is our second
petition opposing this special use permit. We have met with Mr.
Kramer and reviewed his plans for his proposed barn. Unfortunately, we
have not been able to concur with all of Mr. Kramer's proposed restrictions in
his letter dated January 25, 2000, but we have made more concessions.
Mr. Kramer stated he had a third child that may someday want a horse so we
have agreed to increase the number of horses from two to three. We agree to
increase the barn size from 800sq. ft. to 900sq. ft to comply with current R-20
building restrictions. We have agreed to allow a horse trailer parked outside
on the property.
We were not able to come to an agreement with Mr. Kramer on the size and
location of the barn. We agree to allow a 900sq. ft. barn placed 75 feet from
Patterson Lane. We will also agree to the proposed 1548 sq. ft. barn plus 299
sq. ft. porch if the structure is place 100 feet or further from Patterson Lane
or Bill Simmons Road. We were not able to agree upon the building of a
round pen or any other structures or equipment associated with livestock.
We were not able to agree on more than one trailer being parked outside.
Mr. Kramer is not residing on the property and has written to us that he
purchased the land specifically to use for their horses. Since this is a
residential (R-20) neighborhood, this recreational use for horses could pose
many problems. We agree that the following restrictions are essential to the
neighborhood and will help alleviate some of the drawbacks of the proposed
special use permit.
1. Maximum of three horses on the property at any time.
2. Restrict the barn size to a maximum of 900sq. feet (per city restriction).
3. Barn must be located at least 75 feet or 100 feet from Patterson Lane
depending upon size of barn (see paragraph 3 above).
4. No trailers or other livestock equipment will be stored openly on the
property with the exception of one horse trailer,
5. No additional structures or equipment associated with animals will be
placed on the property including a riding arena.
6. Permit becomes void upon the sale or lease of any portion of the property
and must be filed with Tarrant County on the Warranty Deed.
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March 21,2000
Dear Council Members,
I am not able to attend the meeting tonight and live within 200' of Mr.
Kramer's property. I would like to express my concerns. I have lived at 2117
Glade Rd. (corner of Glade Rd. and Bill Simmons) for 40 years and have seen
numerous changes in this area. I have seen the growth and trend of larger
homes such as the land at the end of Bill Simmons Rd. which is developing
with large nice homes on acreage and the surrounding streets (such as
Montclair). This is an R-20 zoned area. There are homes with metal
buildings and barns which still stand from the days of when this was an
agricultural area. By allowing Mr. Kramer to build a barn ( approximately
an 1847 sq. ft. under roof; including the patio) and use the land solely for the
purposes of horses, would not be in the best and highest usage of the land.
The applicant does not live at this property and resides in Montclair Pare. I
have genuine concerns of what could happen in this residential (R-20) area if
this S.U. P. is approved. I am opposed to such usage o/the land as will
be granted upon this Special Use Permit. Please, do not allow this
S. U.P. to be approved. Please, do not allow this item to be tabled.
Sincerely,
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CITY COUNCIL Tw> AGENDA BRIEFING
For mta. : 3/21/2000 CMO Approval:
Item # :
7
Ordinance # :
0-00-1209
Previous Action: 3/07/2000
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Amending Ordinance 0-91-812, Sign Regulations
regarding freeway signs
Second Reading and Public Hearing
First Reading and Public Hearing
Backoround
Attached is a proposed ordinance that will modify a requirement of the Sign Code
related to the spacing of pole signs along State Highway 121. The Sign Code currently
requires that pole/pylon signs be located at least 150 feet from another sign. The
proposed ordinance would amend this requirement to require 60 feet between signs.
The Sign Code has four different setback requirements for signs located along State
Highway 121: a front setback, a side setback, a special corner setback, and a minimum
spacing between signs. The following table shows the specific requirements.
· Front Setback
· Side Setback
· Corner Side Setback
· Spacing Between Signs
( continued)
30 feet from front property line
30 feet from each side property line
50 feet from corner of street intersection
150 feet between other pole or pylon signs
~~~~
7L~~
DEPART~ T D
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1209
Page 2
The requirement for 150-foot spacing between signs appears to have been chosen
because the minimum lot width for the zoning category in the area is 150 feet. Most of
the lots in the area are platted with 150-foot widths. By providing 150 foot spacing, it
appeared that each lot would be allowed one sign. However, the ideal location for a
sign to meet this criterion would be to place the sign in the center of the lot frontage. If
a sign were placed only 30 feet from the side property line, it would affect the location of
signs up and down the street. The 150-foot spacing requirement was approved by
Ordinance No. 0-98-1112, which changed the requirement from 500 feet to 150 feet.
The 500-foot spacing may have been added to coincide with the State Transportation
Code Chapter 394, which requires 500-foot spacing between billboard signs between
100 and 301 square feet in size located on the same side of the road.
Colleyville has limited frontage on State Highway 121. There are currently two existing
restaurants, and a restaurant and a retail store under construction. There are also three
potential building sites remaining that front SH121. The Sign Board of Appeals and City
Council have approved three variances to front yard setbacks along this stretch of road,
and a fourth application has been submitted. Businesses that locate on the corner lots
at Gateway Drive would be most affected by the spacing requirement since there is an
additional street corner setback. The locations of signs for Railhead Smokehouse and
Mac's Bar and Grill have a direct impact on the location of signs on the corner lots next
to them, leaving only a small area on the corner lot that could accommodate a sign.
Depending upon how the corner lots develop, the use may have to apply for a variance
in order to place a sign on the property.
Analyzing the actions of the Sign Board of Appeals is one way to locate problems in an
ordinance. If a large number of variances are requested from a particular requirement,
it could be an indication that the requirement needs to be revisited. The change from
150-foot to 60-foot spacing would eliminate an extra setback requirement, but still
provide the same spacing requirement affecting all other commercial properties in
Colleyville.
Recommendation
Approval of Ordinance 0-00-1209.
ORDINANCE 0-00-1209
AN ORDINANCE AMENDING CHAPTER 3 OF THE COLLEYVILLE CODE OF
ORDINANCES BY MODIFYING REGULATIONS CONCERNING THE
SPACING OF FREEWAY SIGNS, AND PROVIDING FOR PUBLICATION.
WHEREAS, certain provisions of the Sign Code are in need of modification or
clarification; and
WHEREAS, the City Council finds that in order to promote the purposes stated
in this ordinance, the passage of this ordinance is required;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the following sentence of Section 3 G (2) (c) (3) of Chapter 3
of the Colleyville Sign Code be amended to read as follows:
There shall be a minimum 60-foot spacing between on-premise
freeway pole or pylon signs or other freestanding signs.
Sec. 2.
THAT any person who violates any provision of the Sign Code shall
be deemed guilty of a misdemeanor, and upon conviction thereof
shall be subject to a fine of not more than $500.00 for each offense.
Each and every day that a violation to the Sign Code continues shall
constitute a separate offense and shall be punishable as such.
Sec. 3.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2000.
day of
The second reading and public hearing being conducted on the
,2000.
day of
ATTEST:
CITY OF COLLEYVILLE:
Jean Harris, CMC
City Secretary
Donna Arp
Mayor
Ordinance 0-00-1209
Page 2 of 2
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
cceG
CITY COUNCIL ~w> AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
8
Ordinance # :
0-00-1210
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Zoning change requested by David Whisenant,
from R20 to PUD-R on 23.709 acres located on
the north side of Glade Road, east of Oak Timbers
Court - Riverwalk at Colleyville.
First Reading and Public Hearing
Backoround
David Whisenant has applied for a zoning change on a 23.709-acre tract of land located
on the north side of Glade Road, just west of Bluebonnet Drive. The property is also at
the northwest corner of the future Riverwalk Drive. The applicant has submitted a
zoning district change application for this property from R20 Single Family Residential to
a PUD-R for single family residential and some non-residential development.
The original zoning application was for a PUD-C Commercial district. After review, the
Development Review Committee recommended that the application be changed to a
PUD-R Residential since the project was primarily a single family project, and the
(continued)
(jiu{d1:!=~ rdMS17Iry
CITY GER
E~~
DEPARTi T HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1210
Page 2
development would be consistent with the adjacent project approved by the Council.
Notices of public hearing were sent out before this change was recommended, but the
change in the requested zoning designation does not affect the project proposal. The
PUD-R district provides better regulations and protection for the adjacent property
owners than does the PUD-C district.
The proposed Planned Unit Development-Residential is for a 68-lot residential
subdivision with a density of 3.2 dwelling units per acre. The average lot size is 6,684
square feet with the smallest lot shown at 6,001 square feet. The proposal sets aside
2.92 acres at the southern end of the property, adjacent to Glade Road, for non-
residential uses. The non-residential area would allow for up to 33,600 square feet of
office space, with associated parking and landscaping, according to the submittal. The
attached zoning exhibit is also a preliminary plat, as required by the Zoning Ordinance.
The Development Review Committee discussed the proposed zoning change, and
forwarded comments to the applicant requesting that the exhibit be redrawn to conform
to the PUD-R requirements. The applicant requested that the proposal be forwarded to
the Council for consideration as presented. Both the DRC review letter and the
applicant's response letter are attached for your reference since the applicant is
requesting many waivers from the PUD-R requirements. The following table shows the
differences between the PUD-R requirements and the applicants proposal.
RIVERWALK AT COLLEYVILLE ZONING COMPARISON
Category PUD-R Applicant Proposal
1. Minimum Lot Size 13,000 sq. ft. 6,331 sq. ft.
2. Average Lot Size 16,000 sq. ft. 7,666 sq. ft.
3. Minimum Lot Width 1 00 feet 60 feet
4. Minimum Lot Depth 120 feet 115 feet
5, Total Open Space Required 20% (3.873 acres) 20,77 % (4.024 acres)
6, Residential Open Space Required 20% ( 3.87 acres) 20,5% (3.97 acres)
7, Commercial Open Space Required 20% (25,459 sq,ft.) 20% at time of site plan
8, No. of Lots on Cul-de-sac 12 lots 12 lots
9. Front building line 30 feet 20 feet
10, Side building line 1 0 feet 2 feet & 8 feet
11. Rear building line 25 feet 20 feet
12. Allowable non-residential uses 10 acres 2.92 acres
The developer would be responsible for all public improvements to the property, such as
water, sewer, street and drainage improvements. The developer would also construct
% of Riverwalk Drive and their share of the hike and bike trail system that affects this
property.
Agenda Briefing
Ordinance 0-00-1210
Page 3
The following are the major issues associated with this zoning case.
Street Widths - The Subdivision Regulations require all cui de sac streets to provide
56-feet right-of-way with a 37 -foot wide pavement section. The proposed exhibit
only provides for 50-feet of right-of-way with a 3-foot drainage, utility and
pedestrian easement on each side of the road. The applicant requests that the
3-foot easement be allowed instead of providing additional right-of-way.
Emergency Access - The development proposes 68 residential lots, served by only a
single entrance. A second street access point for emergency access purposes
into the development is required. The DRC considers this a significant issue for
this property, given the number of lots proposed. The applicant proposes an
emergency access drive from the commercial area adjacent to Glade Road, and
proposes an easement to provide the same from the north whenever it develops.
Glade Road Right-of-way - New City standards require an ultimate right-of-way width
of 75 feet for Glade Road. The Council adopted these new standards within the
last three months. The Subdivision Regulations require the dedication of the
total amount of right-of-way. The applicant requests to dedicate sufficient right-
of-way to provide 70 feet, and dedicate a five-foot wide drainage, utility and
pedestrian easement adjacent to the right-of-way.
Trail System - The developer is required to construct a portion of the trail system, as
described in the Colleyville Pathways Plan. A 10-foot wide trail is required along
Glade Road, and a 12%-foot wide trail is required along Riverwalk Drive. The
developer is requesting that the costs associated with the wider sidewalk
pavement be credited against the required park land dedication fees. While this
is a platting issue, requirements could be written into the PUD-R ordinance. The
estimated amount of park land dedication fees generated by this development is
$85,680 for the residential portion and $1,168 for the commercial portion.
Adjacent Development - The City Council approved a similar zoning request for
property immediately east of the subject tract. That development, The Bridges at
Riverwalk, consisted of 32 residential lots, with a density of 3.01 dwelling units
per acre. The development also provided 1.53 acres of commercial property
along Glade Road.
Agenda Briefing
Ordinance 0-00-1210
Page 4
MASTER PLAN ISSUES
Below are excerpts from the Colleyville Master Plan that relate to the issue of housing
and the Town Center area. The Plan establishes criteria for "alternative housing" such
as town homes and garden homes with smaller lots (Issues 1 and 2). The Plan also
addresses an objective to include residential areas within the Town Center area, though
no specific location is described in the Plan.
One of the issues before the Council is whether this zoning proposal substantially
complies with the goals and objectives of the Master Plan. Since the Plan does not
create specific criteria for the location of residences in the Town Center, staff evaluated
the proposal with the assumption that the entire parcel should develop as non-
residential uses.
ISSUE 1: HOUSING QUALITY AND LAND USE
Goal: Maintain current level of housing quality and density.
Objective: Overall density for residential development should be compatible with
existing neighborhoods. A guideline of no more than 1.8 units per acre should be
adhered to in most situations. Town homes and garden homes that exceed 1.8
units per acre may be acceptable in areas that meet one or more of the following
criteria: a transition area between commercial uses and less dense residential,
near major street intersections, smaller parcels that make less dense
development economically difficult and sites with unique topographical features. .
ISSUE 2: ALTERNATIVE HOUSING
There is a desire for a limited number of upscale town homes and garden homes on
small lots designed for easier living. The quality of construction needs to be
compatible with the existing and proposed single-family housing standards.
Goal: Allow the development of upscale town homes and garden homes
within the city limits of Colleyville.
Objective: Establish PUD-R guidelines for town homes and garden homes
development.
Objective: Ensure that such developments are only located in areas that meet
the criteria in the objective under Issue 1.
Agenda Briefing
Ordinance 0-00-1210
Page 5
ISSUE 13: TOWN CENTER
Colleyville has a beautiful, new community center on a nine-acre parcel of land
initially designed to also include a library and city hall. This is the ideal area for the
center of Town to include a library, city hall, restaurant and distinctive shopping area.
Goal: Develop a center of town at the southeast corner of Hall Johnson Road
and Colleyville Blvd. that will serve as the catalyst to accelerate the
development of the city's commercial center.
Objective - Encourage a residential area of single family residences.
The Planning & Zoning Commission conducted a public hearing and considered this
zoning change request at its February 28, 2000 meeting and recommended approval
subject to the following requirements:
· ,The lots along the western edge of the development shall provide a 25-foot rear
building line.
· The commercial development shall require a building design score of 30 points.
· The language relating to the screening fence along the western boundary be added
to the ordinance.
The Commission recommended approval by a 4-2 vote, with Commissioners Edwards
and Tyler opposed.
Recommendation
Denial of Ordinance 0-00-1210.
CITY OF COLLEYVlu.E
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE February 18,2000
FAX TO
FAX NO
David Whisenant
.:. Mark Howe
.:. Jackey Fluitt
(214) 522-1628
.:. (817)
8864
581- .:. (817) 485-4106
FROM
Clayton Husband, AICP, Development Coordinator
SUBJECT
Z-OO-OII AG to PUD-R - Riverwalk at Colleyville
The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and
zoning change request submitted to this office on January 28, 2000. The following comments
are for your consideration.
GENERAL INFORMATION
1. The Colleyville Master Plan designates the future land use of this property as retail, office
and commercial development. The zoning request is inconsistent with the Plan, and a
recommendation for denial will be made to the Planning & Zoning Commission for technical
non-compliance with the Plan. While the Plan suggests that residential development be
included in the area known as the "Town Center," it does not provide location criteria. The
Planning & Zoning Commission and City Council have the discretion to approve residential
components in this area.
2. The applicant should revise the previously submitted statements as to why the Plan should be
changed to designate this area for residential and commercial development. The previous
statements relate only to residential development.
3. In the event the zoning request were approved, the property would be subject to the general
provisions of the PUD-R zoning district and any conditions imposed by the Planning &
Zoning Commission and City Council.
ZONING EXHIBIT DRAWING
The PUD-R zoning regulations require that the zoning exhibit comply with the requirements of a
preliminary plan. Several of the comments may relate to preliminary plan and engineering
requirements.
1. The zoning request should be for a PUD-R rather than a PUD-C. The PUD-R district allows
commercial uses designated in the CN Neighborhood Commercial district. A copy of the CN
regulations, listing the allowed uses, is attached for review. The Commission or Council
may approval or restrict additional uses in a PUD-R.
2. The lots in the proposed development do not meet the minimum requirements for a PUD-R
zoning district. The lots must be reconfigured to conform to the following requirements:
a. Minimum Lot Size: 13,000 sq. ft.
b. Average Lot Size: 16,000 sq. ft.
c. Minimum Lot Width: 100 feet
d. Minimum Lot Depth: 120 feet
e. Front Building Line: 30 feet
f. Side Building Lines: 10 feet
g. Rear Building Line: 25 feet
3. This property fronts on Glade Road and the future Riverwalk Drive. Right-of-way
dedication will be required for both roadways. Glade Road requires an ultimate right-of-way
width of 75 feet. Riverwalk Drive requires an ultimate right-of-way of 80 feet. The right-of-
way widths are based on the revised requirements adopted by the City Council. The
developer must construct one-half of Riverwalk Drive as part of this development.
4. Clearly show the location and size of the areas proposed for right-of-way dedication along
Glade Road and Riverwalk Drive.
5. A second street entrance to this subdivision is required by the Subdivision Regulations and
Master Plan. The emergency access from the commercial area does not meet that
requirement.
6. The design ofthe lakes/water features should include a varied edge to make the lakes look
more natural and less man-made. The developer should consider extensive landscaping
around the lake adjacent to Riverwalk Drive.
7. The Subdivision Regulations require sidewalks along all interior streets. Sidewalks along
Glade Road and Riverwalk Drive must conform to the provisions of the Colleyville Pathways
Plan for hike and bike trails. The Pathways Plan requires a 10-foot wide trail along Glade
Road and a 12.5-foot wide trail on Riverwalk Drive. The developer is required to construct
the trail as part of the public improvements for this property. Attached are specifications for
the trail system, and the zoning exhibit should be revised to reflect those specifications.
8. It appears that the open space areas are intended to be privately owned by the homeowners
association. If so, all open space areas, landscape buffers, and medians must be maintained
by the homeowners association. Add a note to the drawing indicating this arrangement.
9. The Subdivision Regulations require all cuI de sac streets to provide 56-feet of right-of-way
with a 37-foot wide pavement section. The drawing must be revised to reflect this
requirement.
10. Does the developer propose to provide screening adjacent to the water tank on the north
property line? What is the purpose of the 30-foot wide easement immediately west of the
water tank?
11. There are lots backing up to the open space adjacent to Riverwalk Drive. The developer is
encouraged to consider restricting fencing along the rear of these lots to wrought iron or
similar types of products. Wood privacy fences should be prohibited along the rear of these
lots.
12. The plan indicates a masonry fence along the west and north property lines of the
commercial tracts. Staff recommends that this masonry fence be constructed of brick or
stone. Staff will also recommend that pre-cast concrete panels or tilt-up wall fences be
prohibited at this location.
13. Provide a concept plan of the elevations of the commercial buildings. The developer could
consider locating the parking in the rear or clustering the buildings to avoid the look of a strip
center at this location. The dumpster locations must be revised to move the dumpsters away
from the residences.
14. Revise the Colleyville Case Number on the drawing: Z-OO-OI1.
UTILITY PLANS
1. Preliminary construction plans for water, sewer, fire coverage and drainage were not
submitted. Preliminary plans are required by Section 6 of the Subdivision Regulations.
These plans must be submitted and reviewed by the Engineering Department before final
action on this zoning application by the City Council. The plans should show the size and
location of existing utilities and the proposed size and location of future utilities.
2. A preliminary drainage analysis must be submitted. This property has significant drainage
implications on downstream properties. The analysis must include detention calculations.
These plans must be submitted and reviewed by the Engineering Department before final
action on this zoning application by the City Council.
3. Grading on this property may not extend beyond the property boundaries onto adjacent
properties.
OTHER INFORMATION
1. Perimeter street improvements are required for this property since Glade Road is an
unimproved street. The developer is required to construct one-half of Glade Road or provide
an equivalent amount of escrow for future improvement by the City.
2. Water, sewer and roadway impact fees are due at the time a building permit is issued for a
new residence or commercial structure on the lots. A formal assessment of impact fees will
be provided to the Building Inspection Department by the Engineering Department upon the
submittal of a building permit application. The fees listed below are intended to provide
general information on the fees that could be assessed. The Capital Improvements Advisory
Committee is in the process of reviewing the current impact fees, as required by State law.
The fees may change in the next 6 months.
· Roadway
· Water
· Sewer
$1,600 per lot for single family uses
$3,000 per acre for non-sales tax generating commercial
$2,936 for a I-inch meter (fee dependent on water meter size)
$256 for a I-inch meter (fee dependent on water meter size)
3. Parkland dedication fees are due at the time of approval of the final plat. The fee for
residential uses is $1,260 per dwelling unit. The fee for commercial uses is $400 per acre.
An assessment of parkland dedication fees will be provided upon the review of the final plat.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission:
City Council:
Monday, February 28,2000, 7:00 p.m.
Tuesday, March 21 and April 04, 2000, 7:30 p.m.
RESUBMITTAL REQUIREMENTS
There may be additional comments recorded on the set of marked-up plans. These plans are
ready to be picked up for revisions. The marked-up plans must be returned with the next
submittal. Once you have completed the changes to the exhibit, please submit the following to
our offices:
· 22 folded copies of the revised Preliminary Plan/Zoning Exhibit drawing
· one 8-112" X 11" reduced copy ofthe exhibit
· 3 copies of the preliminary utility plans and drainage analysis
· a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
The revised exhibit and preliminary utility and drainage plans must be submitted by Wednesday,
February 24 in order to make the scheduled hearings. Please call me if you have any questions.
C: CHOYCE MORROW, PE, ENGINEERING
CHRIS STEUBING, ENGINEERING
KEITH FISHER, ENGINEERING
RED BAILEY, FIRE DEPARTMENT
RUSSELL WEST, BUILDING INSPECTION
MIKE SOAB, ECONOMIC DEVELOPMENT
DIANNE MCWETHY, CITY MANAGER'S OFFICE
'Xf WASHINGTON & ASSOCIATES
ENGINEERS. PLANNERS
February 23, 2000
Planning and Zoning Commission
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
Reference: Case Z-00-011 Riverwalk at Colleyville
In response to staff comments dated February 18, 2000. The following are points of
clarification and requests regarding the zoning exhibit. We have addressed the
comments except for the following:
Item No.3 The developer will grant the necessary right-of-way on Glade Road, however
it is preferred that an additional five- foot drainage, utility and pedestrian easement
along Riverwalk Drive be granted.
Item No.5 The developer request the emergency access easement through the
commercial tract to the south provide as the secondary access for emergency vehicles.
They have also provided another emergency access point to the north at which time the
commercial tract develops to the north.
Item No.7 Sidewalks on the interior lots will be constructed with the construction of the
houses and the walk along Glade Road will be constructed with the commercial
buildings. The developer had planned on constructing a curvilinear sidewalk along
Riverwalk and request that any additional width required be credited towards the Park
Fees that are required.
Item No.9 We have provided for a fifty-foot right-of-way on all cul-de-sacs and three-
foot drainage, utility, and sidewalk easements on each side of the right-of-way to
provide a total of fifty- six (56) feet as has been the policy in the past.
Item No.13 The developer has currently employed an architect to generate a concept
elevation of proposed structures on the commercial tracts.
As a point of clarification on comments 1 and 2 under the category of "Other
Information":
Perimeter street fees and or thoroughfare impact fees for Glade Road will be paid at the
issuance of building permits for the commercial lots. Since the developer is constructing
one-half of Riverwalk Drive, it is requested that credit be given for such construction on
the thoroughfare impact fees for the residential lots.
Should you have any questions regarding these issues a representative will be present
at the meeting.
Sincerely,
Cc: David Whisenant Mark Howe
Riverwalk at Colleyville
Riverwalk at Colleyville is a proposed exclusive residential community consisting of 109
lots averaging 6,250 square feet, situated on 26 acres at the intersection of Glade Road
and proposed Riverwalk Drive. Riverwalk at Colleyville will provide for single-family
housing ranging in price from $300,000 to $350,000 with a minimum house size of
2,800 square feet.
The developer will be Riverwalk at Colleyville, L.P., David Whisenant, general partner.
Mr. Whisenant has been involved with commercial and residential developments
throughout the Metroplex for over 26 years.
It is the intention of the developer to provide an amenity package consisting of the
following:
A divided and landscaped entry area on Riverwalk Drive from Glade Road to the north.
A gazebo within a landscaped island at the main entry to Addition within public right-of-
way.
The main entry will consist of a divided street with treatment, a waterfall and extensive
landscaping.
The river (ponds) will consist of 4' masonry walls, which will provide for pass-through
drainage and storm water detention for the subdivision. The flows downstream will not
exceed what exist there today. There will be four lighted fountains -one at Glade Road,
two at the main entry and one at the northern end of the river (pond).
The perimeter fencing along Riverwalk Drive will consist of an articulating brick column,
wrought iron fence with a meandering walk along Riverwalk Drive. The brick column,
wrought iron fence will be continued along each side of the main entry of The Addition.
The fencing along Glade Road will consist of a solid masonry fence from west to east
until approximately 1 DO' from Glade Road where brick column, wrought iron will be
placed to allow visibility of the river (pond) and the lighted fountain from Glade Road.
The fencing along the west of the river (pond) will be 61 wrought iron. The lots adjacent
to the river (pond) will be deed restricted accordingly. The perimeter lots adjacent to the
subdivision to the west and the remaining perimeter lots will also be deed restricted to
require a minimum 6' wood fence.
The landscaping in the river (pond) area will be grass on slopes not exceeding 5:1.
Trees will be scattered throughout the area with the installation of Japanese Maples,
Purple Plums and Crepe Myrtles to provide color. Low shrubs with a scattering of trees
along Riverwalk Drive so as not to deter visibility of the river (pond). Some special
treatment will be required around the water tank site.
Riverwalk at Colleyville
Page 2
The developer will encounter some issues regarding drainage and oversizing of the
street for Riverwalk Drive as requested by City Staff. The pass through drainage cost
in order to provide for the existing flows (373-cfs) could approach $500,000. This cost
does not include the drainage facility for The Addition itself. City Staff has
recommended that the proposed Riverwalk Drive be expanded from a 601 right-of-way
and a 411 back-to-back street to a 701 right-of-way and a 491 back-to- back street. The
oversizing cost for the street will approach $80,000. The cost for the drainage and
street oversizing does not include engineering, surveying or testing.
Should approval be received on this concept, we anticipate construction to begin
immediately after Council approval of the final plat and construction plans. We expect
construction to be complete within nine months after approval.
The developer feels this is a product that will be well received by the buying public, as it
will allow a Colleyville-type home on a smaller lot to eliminate a majority of the
maintenance required. The Riverwalk at Colleyville Homeowner's Association will
maintain all common areas and front yards which will be active immediately upon
completion.
For Information Contact: David Whisenant
3838 Oak Lawn Avenue, Suite 1416 Dallas, TX 75219
Phone: 214-521-4010 Fax: 214-522-1620
Barnard Partners XIII Ltd.
210 W. 6th St. 302
Fort Worth, TX 76102
City of Colleyville
Herman Smith & Company
1903 Central Drive, #403
Bedford, tX 76021
Charles & Maurine Wellman
1204 Glade Road
Colleyville, TX 76034
Bemie Lee Crowder
P.O. Box 1
Colleyville, TX 76034
Mrs. O. L. Gray
P.O. Box 395
Colleyville, TX 76034
Floyd & Billie Sue Latham
P.O. Box 44
Colleyville, TX 76034
John Quenichet
5005 Oak Timbers Court
Colleyville, TX 76034
Harvey Collins
5013 Oak Timbers Court
Colleyville, TX 76034
Marguerite Laningham
5100 Oak Timbers Court
Colleyville, TX 76034
D. David & Norlene Gowdy
5105 Oak Timbers Court
Colleyville, TX 76034
Charles Longueil
5112 Oak Timbers Court
COlleyville, TX 76034
Clifton Duke
1301 Glade Road
Colleyville, TX 76034
Robert Salter
5401 Coventry Place
Colleyville, TX 76034
Dale & Katherine Lockwood
1117 Glade Road
Colleyville. TX 76034
Sennear & Tony Rika
1201 Glade Road
Colleyville, TX 76034
Terance & Candice Grisso
1205 Glade Road
Colleyville I TX 76034
Aby & Rosamma George
1209 Glade Road
Colleyville, TX 76034
Conrad & Jackie Rodgers
1213 Garry Lynne Drive
Colleyville I TX 76034
Case Z-00-011
According to the Tax Records, individuals who own property that is within the 200' of the
proposed zoning change request are listed above. I certify that the parties listed above
have been notified of the proposed zoning change request as required by Section
211 the Local Government Code. (Notices dated: February 18,2000)
Jan Levy #'
Planning & KrUng Assistant
ORDINANCE 0-00-1210
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 23.709 ACRES OUT OF THE
J.L. LOONEY SURVEY, A-936, TRACTS 3B, 3B1, 3C, AND 4A FROM THE
R20 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO THE PUD-R (PLANNED
UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A
PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION.
WHEREAS, an application for a zoning change was filed by David Whisenant on
January 28, 2000, under Case No. Z-00-011; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was sent to real property owners within 200 feet of the property
herein described at least 10 days before such hearing; and
WHEREAS, notice of a public hearing before the City Council was published in
a newspaper of general circulation in Colleyville at least 15 days
before such hearing; and
WHEREAS, notices were posted on the subject land as provided by the zoning
ordinance; and
WHEREAS, public hearings to change the zoning and the Master Plan on the
property herein described were held before the Planning and
Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation; and
WHEREAS, the City Council is of the opinion that the zoning change herein
effectuated furthers the purpose of zoning as set forth in the Zoning
Ordinance and is in the best interest of the citizens of the City of
Colleyville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Zoning Ordinance of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described by metes and bounds (Exhibit B), by
changing the zoning of said property from the R20 (Single Family
Residential) district to the PUD-R (Planned Unit Development-
Residential) district together with all site plans which are conceptual
in nature, supporting documents, and other conditions and
restrictions imposed and approved by the Council which are
Ordinance 0-00-1210
Page 2 of 7
incorporated herein by reference including, but not limited to the
conceptual site plan (Exhibit C); and subject to the following
conditions:
1. GENERAL
a. The purpose of this PUD-R is for single-family residential
development, constructed at an approximate density of 3.2
dwelling units per acre, and office development comprising
2.92:t acres
b. This property is subject to all the regulations contained in the
Colleyville Zoning Ordinance, Subdivision Regulations, and
other land development ordinances, except where amended by
this ordinance.
2. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
a. Minimum Lot Size
b. Average Lot Size
c. Minimum Lot Width
d. Minimum Lot Depth
e. Front Building Line
f. Side Building Line
g. Rear Building Line
h. Rear Building Line
for Westernmost Lots
6,331 square feet
7,666 square feet
60 feet
115 feet
20 feet
2 feet (one side) & 8 feet (other
side)
1 0 feet
25 feet
3. NON-RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
All non-residential lots shall conform to the minimum standards
of the CN Neighborhood Commercial zoning district. The
building design score of all commercial buildings in this PUD-R
shall be 30 points.
4. OPEN SPACE AND LANDSCAPING
a. This development shall provide a minimum of 20% common
open space for the leisure use of the development's residents.
The open space shall comply with the provisions contained in
the Zoning Ordinance, and shall be landscaped.
Sec. 2.
Ordinance 0-00-1210
Page 3 of 7
b. The office development landscaping shall conform to the
landscaping requirements contained in the Zoning Ordinance.
5. SCREENING
a. A screening wall shall be required between the office and
residential areas. The screening wall shall be a minimum of
eight (8) feet in height, and shall be constructed of brick or
stone. The wall shall be constructed along the north property
line of the commercial lots.
b. A screening fence shall be required along this property's
western property line. The fence shall be a minimum of eight
(8) feet in height, and shall be constructed of double-faced wood
panels attached to metal posts, with a 6-inch concrete curb and
brick columns constructed on 24-foot centers.
c. A screening fence shall be constructed along the property's
frontage on Riverwalk Drive. The screening fence shall be a
minimum of six (6) feet in height, and shall be constructed of a
combination of brick, stone, and/or wrought iron.
6. SIDEWALKS AND TRAILS
The developer shall construct the portion of the City trail system
adjacent to this property. A ten (10) foot wide trail shall be
constructed along this property's frontage on Glade Road. A
twelve and one-half (12~) foot wide trail shall be constructed
along this property's frontage on Riverwalk Drive. The trail shall
be constructed according to City trail standards and
specifications.
7. PLATTING
The developer shall submit a final plat of the property in
accordance with Section 2 C of the Colleyville Subdivision
Regulations. The conceptual site plan attached as Exhibit C to
this ordinance shall constitute the preliminary plan.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Zoning Ordinance of the
City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be punishable
as such.
Sec. 3
Ordinance 0-00-1210
Page 4 of 7
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2000.
day of
The second reading and public hearing being conducted on the
,2000.
day of
ATTEST:
CITY OF COLLEYVILLE:
Jean Harris, CMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Ordinance 0-00-1210
Page 5 of 7
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Ordinance 0-00-1210
Page 6 of 7
PROPERTY Description
BEING all that certain tract, parcel, or lot of land located in the J. L. LOONEY SURVEY,
Abstract NO.936, Tarrant County, Texas, and more particularly described as follows;
BEGINNING at a point in the centerline of Glade Road;
Thence N 00 degrees 05 minutes 01 seconds W, 13J4.50 feet to a point;
Thence S 89 degrees 38 minutes 36 seconds E, 262.89 feet to a point
Thence S 89 degrees 38 minutes 44 seconds E, 127.12 feet to a point;
Thence S 89 degrees 51 minutes 33 seconds E, 389.96 feet to a point;
Thence S 00 degrees 01 minutes 21 seconds E, 1316.90 feet to a point;
Thence N 89 degrees 20 minutes 42 seconds W, 388.58 feet to a point;
Thence S 00 degrees 05 minutes 01 seconds E, 23.12 feet to a point;
Thence N 89 degrees 20 minutes 42 seconds W, 390.03 feet to the POINT OF
BEGINNING, and containing 23.709 acres of land (1,032,785 square feet), more or less.
Exhibit B - Metes and Bounds Description
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Exhibit C - Zoning Exhibit
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CITY COUNCIL \ k / AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
9
Ordinance # :
0-00-1211
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Zoning change requested by Lanny Wilkinson,
from ML, AG & CC1 to PUD-C on 8.789 acres
located on the west side of Colleyville Blvd. in the
6400-6500 block - Winding Creek Addition.
First Reading and Public Hearing
Backoround
Lanny Wilkinson has applied for a zoning district change on an 8.789-acre tract of land
located on the west side of Colleyville Boulevard, just north Tinker Road. The applicant
proposes a zoning district change for this property from AG, CC 1 and ML to PUD-C
Planned Unit Development Commercial.
The proposed Planned Unit Development-Commercial is for retail and service uses.
The applicant has submitted a conceptual plan that includes five lots containing 72,000
square feet of buildings.
(continued)
(~A. ~
~ITY M~ R
h~^~~
DEPARTMtNT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1211
Page 2
The following are the major issues associated with this zoning case.
Land Use - The information submitted by the applicant proposes retail, office and other
uses. The only uses specifically listed are a day care center, dry cleaner and
convenience store with gasoline sales. Economic development goals for the City
of Colleyville are focused on bringing in sales tax producing businesses and
distinct retailers to the city. It is the opinion of the ORC that day care centers and
convenience stores do not fall within that goal, and recommends that the uses
allowed in this PUO-C be restricted to those uses allowed in the CC-1 Village
Retail zoning district. The applicant requests approval of the PUO-C with the day
care center, dry cleaner, and convenience store w/gasoline sales as allowed
uses.
Public Improvements - There are considerable amounts of public improvements
required with the development of this parcel. The developer must construct
and/or upgrade both on-site and off-site water and sanitary sewer lines.
Screening - This property abuts a residential area to the west. The documents
submitted by the applicant propose a 50-foot building line adjacent to this
property line. Screening, including a minimum 20-foot landscaped buffer, is also
required by the Zoning Ordinance. The applicant proposes a six-foot tall wood
screening fence for this project. Since this development is adjacent to existing
single family residences, the ORC recommends that the 50-foot building setback
area also function as the green belt, and that evergreen trees and/or shrubs be
planted within the greenbelt to provide additional buffering and screening. The
ORC also recommends that the 50-foot greenbelt not be used for parking,
delivery areas or driving aisles. The applicant requests that parking, delivery
areas and driving aisles be allowed within the 50-foot building setback.
Zoning Requirements - This property is subject to the regulations of the PUO-C
ordinance and all related sections of the Zoning Regulations. The property must
comply with parking, screening, landscaping, building design and site planning
requirements. Other ordinances that will affect this development include tree
preservation, signs, and drainage. The property will also be subject to the
requirements of the actual approving PUO-C ordinance, which would include any
conditions imposed by the Planning & Zoning Commission or City Council.
Drive Approaches - The developer proposes up to four drive approaches along this
property's frontage, spaced at 150-feet apart at the centerlines. City engineering
requirements for driveway spacing along Colleyville Boulevard is 500 feet. The
ORC recommends only three drive approaches along this property's 750-foot
frontage, provided deceleration lanes are included in the design.
Agenda Briefing
Ordinance 0-00-1211
Page 3
The Planning & Zoning Commission conducted a public hearing and considered this
zoning change request at its February 28, 2000 meeting and unanimously
recommended approval subject to the following requirement:
· Deceleration lanes shall be provided for the drive approaches entering this
development.
Recommendation
Approval of Ordinance 0-00-1211 subject to the following:
1. The uses allowed in the PUD-C be restricted to the CC-1 Village Retail district
2. A 50-foot landscaped green belt with evergreen trees and/or shrubs planted on 6-
foot centers within the greenbelt be provided for additional buffering and screening.
The 50-foot greenbelt shall not be used for parking, delivery areas or driving aisles.
3. A maximum of three drive approaches shall be allowed on Colleyville Boulevard.
CITY OF COLLEYVlLLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DAlE February 18, 2000
FAX TO
Lanny Wilkinson .:. Doug
Henderson
FAX NO
FROM
(817) 251-4746 .:. (817) 572-6227
Clayton Husband, AICP, Development Coordinator
SUBJECT
Z-00-012 AG, CCl and ML to PUD-C - 6400 block Colleyville Boulevard
The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and
zoning change request submitted to this office on January 28,2000. The following comments
are for your consideration.
GENERAL INFORMATION
1. If the zoning request were approved, the property would be subject to the general provisions
of the PUD-C zoning district and any conditions imposed by the Planning & Zoning
Commission and City Council. Detailed review for compliance with the regulations will take
place during the site plan/landscape plan phase of the project.
ZONING EXHIBIT DRAWING
The PUD-C zoning regulations require that the zoning exhibit comply with the requirements of a
preliminary plan. Several of the comments may relate to preliminary plan and engineering
requirements.
2. Revise the title block to include the words Preliminary Plat.
3. Show the boundary of the property with a heavier line weight. The drawing is unclear as to
where the lot lines are located for the five lots. Either show the lot lines in such a way that
they can be clearly identified or provide a separate drawing showing the lots.
4. The information submitted by the applicant proposes retail, office and other uses. The only
uses specifically listed are a day care center and a convenience store with gasoline sales.
What other specific uses are proposed for this site? Economic development goals for the
City of Colleyville are focused on bringing in sales tax producing businesses and distinct
retailers to the city. It is the opinion of the DRC that day care centers and convenience stores
do not fall within that goal, and will recommend that the uses allowed in this PUD-C be
restricted to those uses allowed in the CC-l Village Retail zoning district.
5. The Site Data Table should be modified to include the square footage of and percent of open
space, and the square footage of buildings proposed for the site.
6. The design of the ponds or water features should include a varied edge to make the lakes as
look natural as possible. The developer should consider extensive landscaping around in the
creek area. What entity will own and/or maintain the proposed pond and common
landscaped areas in the creek?
7. Add the zoning designation and land uses for the surrounding properties.
8. The layout of the buildings in the northwest corner does not seem realistic when compared to
actual developments in Colleyville and surrounding areas. The large offsets in the buildings
do not appear to be conducive to retail users. Revise the drawing to show a more structured
layout.
9. Three bridge crossings over the creek are proposed. Provide a conceptual plan of what the
bridges will look like.
10. This property abuts a residential area to the west. The documents submitted by the applicant
propose a 50-foot building line adjacent to this property line. Screening, including a
minimum 20-foot landscaped buffer, is also required by the Zoning Ordinance. What type of
screening fence, if any, is the applicant considering for this project? The DRC will
recommend that the 50-foot building setback area also function as the green belt, and that
evergreen trees and/or shrubs be planted within the greenbelt to provide additional buffering
and screening. The DRC will also recommend that the 50-foot greenbelt not be used for
parking, delivery areas or driving aisles. The site plan should be modified to show this
landscaped greenbelt.
11. The developer proposes five drive approaches along this property's frontage, spaced at 150-
feet apart at the centerlines. City engineering requirements for driveway spacing along
Colleyville Boulevard is 500 feet. The DRC will recommend three drive approaches along
this property's 750-foot frontage, provided deceleration lanes are included in the design.
12. Provide a concept plan of the elevations of the commercial buildings. As stated by the
applicant in the application package, the DRC will recommend that the buildings
architectural design score be set at 30 points. The Planning & Zoning Commission and City
Council have the authority to require a higher or lower score.
13. Add the Colleyville Case Number to the drawing: Z-OO-OlO.
14. Staff is still reviewing the tree preservation plan provided by the applicant. Staff will send
any comments on this item to the applicant within the next five days.
15. The following comments are specifically related to the preliminary plat portion of the zoning
request.
a. Label the Point of Beginning.
b. Colleyville Boulevard is classified as a Major Collector on the Master Thoroughfare Plan.
This roadway requires an ultimate right-of-way width of 120 feet. An additional lO-feet of
right-of-way is required to be dedicated along this property's frontage on Colleyville
Boulevard. In addition, a 20-foot wide water and sanitary sewer easement must be dedicated
adjacent to the new right-of-way line. TxDOT will not allow utilities to be placed within the
right-of-way.
c. The PUD-C zoning district requires a 40-foot front building line. Show the building line on
the plat.
d. Add a 16-foot wide drainage and utility easement parallel to the entire western property line.
e. Add a 12-foot wide drainage and utility easement parallel to the north and south property
lines.
f. If any existing easements are proposed to be abandoned, such as those easements on the
Haynie Addition, indicate the future status of the easements on the plat.
g. This property is affected by the 1 DO-year flood plain. The boundary of the flood plain must
be shown on the plat and contained within a drainage easement.
h. All water and sanitary sewer lines on the property must be contained within a 15-foot utility
easement.
UTILITY PLANS
1. The 10-inch water line shown does not exist adjacent to this property as it ends near the
chamber of commerce building. The existing water line fronting this property is a 2-inch
line. The water line will need to be upgraded to a 12-inch line, according to water system
buildout maps. A copy of the current utility grid is attached for reference.
2. Three sewer lines are proposed that cross the creek. All sewer lines crossing the creek must
be concrete encased.
3. All sewer services must be moved out of the manholes. See the site plan for details.
4. The grading and drainage plan must include all off-site drainage areas and calculations.
5. There are a significant number of comments noted on the marked-up set of construction
plans. Questions concerning these plans should be directed to Choyce Morrow, P.E., at (817)
577-7587.
OTHER INFORMATION
1. Water, sewer and roadway impact fees are due at the time a building permit is issued for the
lots. A formal assessment of impact fees will be provided to the Building Inspection
Department by the Engineering Department upon the submittal of a building permit
application. The fees listed below are intended to provide general information on the fees
that could be assessed. The Capital Improvements Advisory Committee is in the process of
reviewing the current impact fees, as required by State law. The fees may change in the next
6 months.
· Roadway
$3,000 per acre for non-sales tax generating uses
· Water
· Sewer
$2,936 for a I-inch meter (fee dependent on water meter size)
$256 for a I-inch meter (fee dependent on water meter size)
2. Parkland dedication fees are due at the time of approval of the final plat. The fee for
commercial uses is $400 per acre. An assessment of parkland dedication fees will be
provided upon the review of the final plat.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission:
City Council:
Monday, February 28, 2000, 7:00 p.m.
Tuesday, March 21 and April 04, 2000, 7:30 p.m.
RESUBMITT AL REQUIREMENTS
There are additional comments recorded on the set of marked-up plans. These plans are ready to
be picked up for revisions. The marked-up plans must be returned with the next submittal.
Once you have completed the changes to the exhibit, please submit the following to our offices:
· 22 folded copies of the revised Preliminary Plan/Zoning Exhibit drawing
· one 8-112" X II" reduced copy of the exhibit
· a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
The revised exhibit must be submitted by Wednesday, February 24 In order to make the
scheduled hearings. Please call me if you have any questions.
C: CHOYCE MORROW, PE, ENGINEERING
CHRIS STEUBING, ENGINEERING
KEITH FISHER, ENGINEERING
RED BAILEY, FIRE DEPARTMENT
RUSSELL WEST, BUILDING INSPECTION
MIKE SOAB, ECONOMIC DEVELOPMENT
DIANNE MCWETHY, CITY MANAGER'S
OFFICE
Strategic Resources Group
Urban Design Economic Development Strategic Planning
Doug Henderson, AICP 3602 Lake Champlain Drive Arlington, TX 76016
(817) 798-7006
February 24,2000
Mr. Clayton Husband, AICP
Development Coordinator
City of Colleyville
5400 Bransford
Colleyville, TX 56034
Re: Winding Creek PUD-C, 2-18-00 DRC Response
Dear Clayton:
Thank you for your diligent and thorough review of the Winding Creek PUD. As you have
requested, we offer the following catalogued response.
General
1. Noted
Zonina Exhibit
2. Done
3. Done
4. The applicant understands the DRC desire for 100 percent retail on this site. However,
straight CC-1 or CC-2 zoning would never be approved in the face of the Kingston Addition
neighborhood opposition.
A day care center is planned for the southwest corner of the site. The location of a daycare
center on this particular tract is critical to the viability of the entire PUD. Prior to marketing this
lot, the applicant has worked with the adjacent residential property owners in an attempt to
determine the best use for the lot. Given that it would not be a good residential property so
close to the highway, and given that it would not be a good retail site hidden behind the
buildings and heavy landscaping along the development frontage, a destination oriented, low
impact, non residential use, tolerant of the heavy open space requirement, was considered the
solution. This left only schools, daycare centers, medical rehabilitation centers, assisted living
centers and churches as possible uses. A contract has been signed with a day care center
contingent upon approval of the PUD. The large setback, the heavy tree cover in the southwest
corner will buffer this daytime use from the residential neighborhood.
Because the northwestern corner of the development is more open and abuts existing industrial
uses, it is a more viable retail site. However to reduce the impact on residential properties, the
rear setback for these buildings will average out at around 75 feet.
Another design challenge for the applicant is the northeastern corner of the development which
is severely impacted by an overabundance of drainage and utility easements. This can never
be a large retail site. It is currently zoned ML which permits gasoline sales by right. A small
convenience store offering gasoline would represent a downward shift in potential zoning
intensity, yet would be compatible with neighboring industrial uses, and could be designed
around the trees and easements.
5. Done
6. The creek will be maintained through a property owners agreement.
7. Done
8. Layout of the northwest retail center is a dynamic process, expected to change. As new
prospective tenants are consulted. Such is the nature of a conceptual site plan.
9. Done
10. The applicant respectfully requests the DRC to reconsider a 50 foot straight line setback for
parking and loading. The building setback is already a significant factor in the analysis of
economic viability of the project. The average pure landscaped setback far exceeds what
anyone would ever expect for a retail site. A 20 foot straight line setback remains acceptable.
11. The drive access needs of this site have been reduced to 4.
12. No elevation drawings are available since all lot sales are still in negotiation.
13. Done
14. Noted
15. Done
16,a. Done
b. Done
c. Done. It is the applicant's understanding that canopies are permitted in the front yard
setback.
d. Done
e. Done
f. Done
g. Done
h. Done
Utility Plans
1. The new 12 inch water line will be designed as part of the final plat.
2. Noted
3. Noted
4. Done
5. Noted
Other
1. Noted
2. Noted
Thanks,
Sincerely,
Doug Henderson, AICP
Zoning Application
February 24,2000
Lanny Wilkinson, Applicant
Request for re-zoning of:
an 8.789 acre parcel of land located east of Kingston Addition and west of SH 26, and being
comprised of the Haynie addition and an adjacent 6.058 acres immediately south of Haynie
Addition,
From ML, CC-1, and AG to PUD-C subject to the following conditions:
1. The approved site plan is conceptual only. Actual building envelopes, lot areas and lot
lines may be altered to suit future tenants. However, every change shall be regulated by
these conditions.
A. Any site plan change which would cause a numerical increase above a maximum
standard approved herein, as defined in conditions 2, 4 or 12 below, will require
approval of a new site plan by the Planning and Zoning Commission and City
Council.
B. Any site plan change which would cause a numerical decrease below an
minimum standard approved herein, as defined in conditions 3, 8, 9, 12 and 13
will require approval of a new site plan by the Planning and Zoning Commission
and City Council.
C. Any site plan change maintaining numerical standards approved herein may be
approved by City staff.
2. The total floor area per lot may be greater or lesser than indicated on the conceptual site
plan provided that there shall be a maximum of 80,000 square feet of building space
within the entire development.
3. The total amount of parking within the development may vary from what is indicated on
the site plan, provided that all parking constructed within the development shall be open
to use by all visitors within the development, and the overall ratio of parking spaces to
enclosed building floor area shall not be less than 1 space per 250 square feet of floor.
4. Gasoline pump islands for retail gasoline sales shall be permitted only on the most
northerly 180 feet of the development. However, in such case that a retail store with 50
percent or more of its floor area devoted to the sale or service of automotive tires,
batteries, auto accessories or other automotive parts and supplies shall locate in the
most northerly 180 feet of the development, retail gasoline sales shall not be permitted.
5, One, but not more than one day care center shall be permitted on the site. 6. One, but
not more than one dry cleaning establishment shall be permitted on the site. Such
establishment may include cleaning equipment and pickup facilities, provided the total
floor space shall not exceed 5,000 square feet.
7. In addition to the uses described in paragraphs 4,5 and 6 above, all uses within the CC-
2 district shall be permitted.
8. At no time shall the total square footage of open space for the site fall below 25 percent
of the square footage for each lot, nor 30 percent of the total square footage of the entire
site.
9. The developer of this PUD and his assigns waive the tree preservation ordinance
building pad exemption, provided that at no time shall the total measurement of diameter
inches of trees on the site fall below 1,200 diameter inches.
10. In order to protect the community from flooding, and improve the delivery of utility and
fire services, trees within utility and drainage improvement easements and construction
areas shall not be subject to preservation or mitigation.
11. The minimum design score for buildings within the site shall be not less than 30 points
per building.
12, Up to 4, but not more than 4 drive access locations shall be permitted from Colleyville
Boulevard, provided that the spacing between drives shall not be less than 150 feet,
center line to center line.
13. There shall be a building setback of not less than 50 feet along the common boundary
line with Kingston Addition.
Statement of Planning Objectives
Winding Creek continues a Colleyville development trend envisioned in the 1994 Colleyville
Boulevard Corridor Plan. This is a true village concept, with staggered building setbacks to give
the man made environment an organic look. This pattern is enhanced by the "winding creek"
that gives the development its name and which flows by each of the proposed building sites.
The creek will need to be realigned to accomplish all this since the current location does not
allow for very much frontage on Colleyville Boulevard.
All proposed uses are non-residential, primarily a mixture of retail and office uses. All uses
adjacent to Kingston Addition on the west have a 50 foot or larger building setback. An 8 foot
screen will be provided and maintained by the applicant along the western edge of the site.
A day care center is planned for the southwest corner of the site. The location of a daycare
center on this particular tract is critical to the viability of the entire PUD. Prior to marketing this
lot, the applicant has worked with the adjacent residential property owners in an attempt to
determine the best use for the lot. Given that it would not be a good residential property so
close to the highway, and given that it would not be a good retail site hidden behind the
buildings and heavy landscaping along the development frontage, a destination oriented, low
impact, non residential use, tolerant of the heavy open space requirement, was considered the
solution. This left only schools, daycare centers, medical rehabilitation centers, assisted living
centers and churches as possible uses. A contract has been signed with a day care center
contingent upon approval of the PUD. The large setback, the heavy tree cover in the southwest
corner will buffer this daytime use from the residential neighborhood.
Because the northwestern corner of the development is more open and abuts existing industrial
uses, it is a more viable retail site. However to reduce the impact on residential properties, the
rear setback for these buildings will average out at around 75 feet.
Another design challenge for the applicant is the northeastern corner of the development which
is severely impacted by an overabundance of drainage and utility easements. This can never
be a large retail site. It is currently zoned ML which permits gasoline sales by right. A small
convenience store offering gasoline would represent a downward shift in potential zoning
intensity I yet would be compatible with neighboring industrial uses, and could be designed
around the trees and easements.
There are 217 trees in the proposed Winding Creek Addition with a total of 2,366 caliper inches.
This tree cover is an important factor in the overall design of the site. A tree survey was
commissioned to look at every tree 3 inches and larger. The true design process started by
identifying all hardwood trees over 12 inches in diameter, and setting up drip line markers for
these. The pattern of open space which emerged, helped determine building pads.
Because of the added weight given to hardwoods over 12 inches, some large but softer woods
are sacrificed if they fell within ideal building locations. For the sake of design. some extremely
large elms were preserved, if doing so did not impact the use of specimen oaks or pecans. As
spelled out in the list of proposed conditions, the applicant is willing to waive the tree
preservation ordinance exemption for trees under the building pad. In lieu of this, the plan calls
for a minimum preservation standard whereby more than half of the trees currently standing on
this heavily wooded site will be preserved.
Conventional development under typical City of Colleyville standards would permit the primary
use of the heavily wooded frontage along Colleyville Boulevard and the destruction of the large
natural buffer along the west of the site protecting the residential neighborhood. Conventional
development would remove 70 percent of the trees on the site. In accordance with the current
ordinance, much of this loss would be exempt if the building pads were located in just the right,
or wrong way. Further, there are no requirements in the current ordinance for mandatory
preservation of any percentage of specimen hard wood trees. The applicant is therefore
seeking concurrent approval by the Planning and Zoning Commission of this tree preservation
plan as an alternative to the standards detailed in the Colleyville Tree Ordinance.
Development Schedule
Construction of the Day Care Center is planned for this year. Other uses will be developed
later. Drainage Improvements will begin as soon as engineering plans are approved by City
staff.
Statement of Proposed Ownership
The property will be owned initially by the applicant, CTL Properties. Although some property
will be retained long term by the applicant, most of the lots will be offered for sale.
Statement of Utility Development
A sewer main was recently extended to this site by the City. Connections to this main will be
made by the applicant in accordance with City standards. The applicant will extend a 12 inch
water main to the site from a location near the Chamber of Commerce. The applicant will
request City participation in the over- sizing cost of this extension in accordance with current
policy.
Lee Roy Hess & Chris Cagle Donald E Ore & RG Testa Ltd James Bowden
c/o Allen E. Shoenberger
671 E. Dove Road 1 E. Pearson Street 6516 Colleyville Blvd.
Southlake, tx 76092 Chicago, IL 60611 Colleyville, TX 76034
Big Country Inc. Clayton & Sally Spence Conner Lam
713 N. Britain Road 4720 Shady Lake Drive P.O. Box 488
Irving, TX 75061 N. Richland Hills, TX 76180 Grapevine, TX 76099
Yard Art Inc. Michael Grier, DDS Boulevard Animal Hospital
1709 Industrial Blvd. P.O. Box 657 6413 Colleyville Blvd.
Colleyvllle, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Austin Properties C. W. Davidson George Csahanin
6409 Colleyvllle Blvd. P.O. Box 356 6401 Kingston Drive
Colleyvllle. TX 76034 Burleson, TX 76097 Colleyville, TX 76034
Edward & Cynthia Bittick Fred Davis, Jr. Mary Anne Largen Ogle
6405 Kingston Drive 6409 Kingston Drive 6413 Kingston Drive
Colleyville. TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Leslie Siemek Edward & Gayine Hesch Rex & Debra Sims
6417 Kingston Drive 6501 Kingston Drive 6505 Kingston Drive
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville. TX 76034
Stephen James Joe Graham Kenneth & Sharon Beasley,
6509 Kingston Drive 6513 Kingston Drive 6517 Kingston Drive
Colleyville. TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Norma McCain
1516 McCain Lane
Colleyville, TX 76034
Case Z-00-012
According to the Tax Records, individuals who own property that is within the 200' of the
proposed zoning change request are listed above. I certify that the parties listed above
have been notified of the proposed zoning change request.s required by Section
211 the Local Government Code. (Notices dated: February 18, 2000)
Jan Levy
Planning & Zoning Assis
ORDINANCE 0-00-1211
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 8.789 ACRES OUT OF THE
A.J. LOTI SURVEY, A-963, TRACTS 2M AND 2N, AND LOT 1, BLOCK 1,
HAYNIE ADDITION, FROM THE AG (AGRICULTURE), CC1 (VILLAGE
RETAIL) AND ML (LIGHT MANUFACTURING) DISTRICTS TO THE PUD-C
(PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING
FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION.
WHEREAS, an application for a zoning change was filed by Lanny Wilkinson on
January 28,2000, under Case No. Z-00-012; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was sent to real property owners within 200 feet of the property
herein described at least 10 days before such hearing; and
WHEREAS, notice of a public hearing before the City Council was published in
a newspaper of general circulation in Colleyville at least 15 days
before such hearing; and
WHEREAS, notices were posted on the subject land as provided by the zoning
ordinance; and
WHEREAS, public hearings to change the zoning and the Master Plan on the
property herein described were held before the Planning and
Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation; and
WHEREAS, the City Council is of the opinion that the zoning change herein
effectuated furthers the purpose of zoning as set forth in the Zoning
Ordinance and is in the best interest of the citizens of the City of
Colleyville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Zoning Ordinance of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described by metes and bounds (Exhibit B), by
changing the zoning of said property from the AG (Agriculture), CC1
(Village Retail) and ML (Light Manufacturing) districts to the PUD-C
(Planned Unit Development-Commercial) district together with all
site plans which are conceptual in nature, supporting documents,
and other conditions and restrictions imposed and approved by the
Council which are incorporated herein by reference including I but not
limited to the conceptual site plan (Exhibit C); and subject to the
following conditions:
1. GENERAL
The purpose of this PUD-C is for the development of retail and
services type uses.
2. PERMITTED USES
a. All commercial and office uses allowed in the CC1 Village
Retail zoning district
b. One convenience store with gasoline sales located on the
north 150-feet of the property
c. One day care center
d. One dry cleaner not exceeding 5,000 s.f. in gross floor area
3. SETBACKS, OPEN SPACE & SCREENING
a. A rear building line of 50 feet shall be provided along this
property's western common property with the Kingston
Addition.
b. Open space and lot coverage shall be in accordance with
the CC1 district regulations. A minimum of twenty-five
percent (25%) open space shall be provided on each lot. A
minimum of thirty percent (30%) open space shall be
provided for the entire development.
c. The property shall be landscaped in accordance with the
landscaping standards contained in the Zoning Ordinance at
the time a building permit is requested.
4. TREE PRESERVATION
a. A minimum of 1,500 caliper-inches of existing trees shall be
preserved in-place on the property. Tree preservation shall
be in general accordance with the Tree Preservation Plan
attached as Exhibit D.
b. Compliance with these tree preservation provisions shall be
reviewed upon the submittal of a site plan.
c. Trees located in a dedicated utility or drainage easement
shall not be subject to preservation or mitigation
requirements. An exemption shall not be granted for trees
located under a building pad site.
5. OTHER
a. Four (4) drive approaches shall be allowed on Colleyville
Boulevard to provide access to the property. The drive
approaches shall be spaced a minimum of one hundred fifty
feet (150') apart, centerline to centerline. The driveway
throat width shall not exceed thirty-five feet (35').
Deceleration lanes shall be provided.
b. All buildings shall be designed to meet the minimum
architectural design standards of the CC1 - Village Retail
district, as contained in Section 24.17 of the Zoning
Ordinance.
Sec. 2.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Zoning Ordinance of the
City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be punishable
as such.
Sec. 3
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2000.
day of
The second reading and public hearing being conducted on the
,2000.
day of
ATTEST:
CITY OF COLLEYVILLE:
Jean Harris, CMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
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Exhibit A - Zoning Map
Property Description
Being a tract of land out of the H. Hughes Survey, Abstract No: 963, Tarrant County,
Texas and being the same tract of land as described in deed recorded in Volume 7935,
Page 1697, Deed Records, Tarrant County, Texas and in Volume 9031, Page 1352,
Deed Records, Tarrant County, Texas and being Lot 1, Block 1 of Haynie Addition as
described in deed recorded in Volume 388-164, Page 100, Deed Records, Tarrant
County, Texas and being described as follows
Beginning at an %- inch iron pin found in the West right of way line of Colleyville Road
(SH 26) for the Southeast corner of tract being described, said point being the Northeast
corner of the Conner Lam tract, a 3.18 acre tract of land as described in deed recorded
in Volume 7225, Page 1257, Deed Records, Tarrant County, Texas;
Thence South 86 degrees 28 minutes 47 seconds West 410.19 feet along North
property line of said Conner Lam tract to a 5/8 inch iron pin set for corner;
Thence North 00 degrees 04 minutes 14 seconds East 474.87 feet along West boundary
of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71,
Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner;
Thence North 00 degrees 59 minutes 09 seconds East 176.67 feet along the West
boundary of the Kingston Addition as described in deed recorded in Volume 388-32,
Page 71, Deed Records, Tarrant County, Texas to a % -inch iron pin found for corner;
Thence North 87 degrees 41 minutes 35 seconds East 775.11 feet along South
boundary of the James David Bowden tract as described in deed recorded in Volume
11970, Page 1677, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for
corner;
Thence South 29 degrees 16 minutes 50 seconds West 753.85 feet to % inch iron pin
set and continuing to the point of beginning and containing 382867.790 square feet or
8.789 acres or land, more or less.
Exhibit B - Metes and Bounds Description
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Exhibit C - Zoning Exhibit
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Exhibit 0 - Tree Preservation Plan
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CITY COUNCIL Tw; AGENDA BRIEFING
For mtQ. : 3/21/2000 CMO Approval:
Item # :
10
Ordinance # :
0-00-1212
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Zoning change requested by Derek DeGuire, from
AG to PUD-R on 7.2 acres at 400 W. Glade Rd.
First Reading and Public Hearing
Backqround
Derek DeGuire has applied for a zoning change on approximately 7.2 acres on the
north side of Glade Road where the city limits of Colleyville abut the city limits of Hurst
(see Attachment #1 - Location Map). The property is currently zoned AG-Agricultural.
The applicant is proposing to develop a single family residential subdivision containing
117 lots with 23 lots located in Colleyville and 94 lots located in Hurst. The proposed lot
sizes average 9,590 s. f., which is considerably below the minimum lot size of 13,000 s.
f. allowed by the PUD-R regulations in the Colleyville Zoning Ordinance. The applicant
is requesting PUD-R zoning due to the greater flexibility it provides for customizing the
arrangement of the development to meet the housing patterns in the surrounding
vicinity.
(continued)
FINANCIAL REVIEW (IF NECESSARY
Agenda Briefing
Ordinance 0-00-1212
Page 3
The developer is responsible for all public improvements to the property, such as water,
sewer, street and drainage improvements. The developer is also required to construct
% of Glade Road and build a 10 foot wide hike and bike trail along the north side of
Glade Road. The following are the major issues associated with this zoning case.
Utility Systems. The developer met with staff on February 23rd and March ih to resolve
the issues associated with separating the utility systems so that 23 lots located in
Colleyville are served by the Colleyville water and sewer systems. At the March 13th
Planning and Zoning Commission meeting, the developer agreed to make this
separation in the utility systems.
Master Plan. The Master Plan shows this area as a future single family residential area.
The applicant's request is consistent with the "residential use" shown on the Master
Plan, but the project is not consistent with the 1.8 units per acre maximum density of the
Master Plan for this area.
Lot Sizes. The zoning ordinance requires a minimum lot size of 13,000 s. f. in a PUD-R.
The developer proposed lots as small as 8,250 s. f. The regulations also require an
average lot size of 16,000 s. f. in a PUD-R. The developer has proposed an average lot
size of 9,590 square feet.
Open Space Requirement. The zoning regulations require that PUD-R zoning contain
twenty percent of the development as an open space. However, the developer is
requesting a waiver of the "20% open space requirement" and has proposed to provide
an enhanced landscaped entryway feature where this development has access on
Glade Road (see Attachment #4). The Planning and Zoning Commission agreed with
this approach rather than reducing the number of lots.
Trails and Pathway Plan. The Colleyville Trails and Pathways Plan shows a ten (10')
foot pathway along this segment of Glade Road. The developer has been notified of
this requirement. Hurst shows this area as only having a future four-foot sidewalk along
the north side of Glade Road. The developer initially requested a waiver of the ten-foot
sidewalk because Hurst only requires a four-foot sidewalk along Glade Road. Staff is
opposed to the waiver request and recommends the ten-foot pathway along this portion
of Glade Road. At the March 13th Planning and Zoning Commission meeting, the
developer agreed to provide the ten-foot pathway along Glade Road.
Agenda Briefing
Ordinance 0-00-1212
Page 5
Surrounding Properties. The property to the north, south and west is located in Hurst.
The property to the east is zoned R-40 single family residential. The surrounding
zoning is compatible with the proposal.
Summary and Conclustion
Notices of this rezoning hearing were mailed to the Colleyville owners of property
located within 200 feet of the property being considered for rezoning. A letter of
opposition to the rezoning request was hand-delivered to the staff on February 24,
2000, signed by three concerned citizens (Attachment #6). Only one of the concerned
citizens, Caron Murchison, owns property within the 200 notification area. Two other
citizens sent letters of support for the project (Attachments #7 & #8). The current
property owner provided a letter (Attachment #9) which explains some of the
peculiarities of this property with regard to its unusual size and location and expressing
her concerns about the comments offered by staff regarding Colleyville's development
requirements. A letter of support was presented at the March 13th Planning and Zoning
Commission meeting from Mr. Ross Eubank (see Attachment #10). Attached as
Attachment #11 is a Project Fact Sheet.
The Planning and Zoning Commission considered this request at its March ih meeting
and tabled action on the request to allow the developer to resolve some of the issues
raised at the hearing from surrounding property owners. The applicant has stated that
he would be constructing a brick screening wall along Glade Road as an amenity to the
subdivision with an enhanced entryway treatment at the intersection on Glade Road.
The developer has indicated that if the development costs are too great to develop the
Colleyville portion, he just might develop only the Hurst portion and extend a street to
connect with Glade Road. Staff is opposed to this approach because it may cause the
Colleyville portion to remain undeveloped for many years.
The Planning and Zoning Commission at its March 13th meeting voted to recommend
approval of the development as presented, subject to the entryway enhancements as
submitted by the developer, a wooden fence uniform in appearance along the eastern
boundary in both cities to be constructed prior to the first building permit, the utilities
connected to the City of Colleyville, a ten foot trail along Glade Road, and 75 foot right-
of-way on Glade Road (see Attachment #12 - Minutes of March 13th P & Z Meeting).
Staff recommends denial of the request due to technical non-compliance with the PUD-
R regulations.
Recommendation
Denial of Ordinance 0-00-1212.
CITY OF COLLEYVlLJ...E
COMMUNrTY De:vE:i..oF'MENT' DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE February 18. 2000
FAX TO
FAX NO
FROM
Derek DeGuire .:. Walter Elliott
(817) 285-80<4 .:. (817) 283-5310
Cla}1on Husband, AICP. Development Coordinator
SUBJECT
2-00-0 10 AG to PUD-R - 400 W Glade Road
The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and
zoning change request submitted to this office on January 28, 2000. The following comments are
for your consideration.
GENERAL INFORMA nON
], In the event the zoning request were approved, the propeny would be subject to the general
provisions of the PUD-R zoning district and any conditions imposed by the Planning &
Zoning Commission and City COlIDCil.
ZONING EXHIBIT DRAWING
The PUD-R zoning regulations require that the zoning exhibit comply \\-ith the requirements of a
preliminary plan, Several of the comments may relate to preliminary plan and engineering
requirements, TIle proposed development is located within the Colleyville and Hurst city limits.
The commenl<; listed below are specific only to the portion of the property located within
Colleyville.
l. An adjustment to the city limit line between Hurst and Colleyville is proposed by this plat.
Any changes to the city limit line must be approved by both the Colleyyille and Hurst city
cOWlcils. The exhibits provided by the developer have been forwarded to the city mcmager's
office for review and comment. 'Ibe DRC reserves comment on this item pending city
manager reView,
2, The lots in the proposed development do not meet the minimWll requirements for a PUD-R
7..oning district. The lots mu..<;t be rt.'Cclllfigured to conform to the following requirements:
a, Minimum Lot Size: 13,000 sq, ti,
b, Avet"dgc Lot Size: 16.000 sq, tl,
c, Minimum L.ot Width: 100 feet
P,O, Box 185 - COLl,.EYVILLE. TEXAS 76034 - 8 I 7 577. 7587
Attachment #2 - DRC Review Comments (page 1)
DEVELOPMENT REVIEW COMMITTEE
Z-OO.o10 MADISON PLACE PUD-R
OTHER INFORMATION
1. Perimeter street improvements are required for this prop(.7ly since Glade Road is an
unimproved street. The developer is required to constmct one-half of Glade Road or provide
an equivalent amount of escrow for future improvement by the City.
1
Water, sewer and roadway impact fees arc due at the time a building permit is issued for a new
residence on the lot,>, A f(lm1aJ a<;scssment of impact fees will be provided to the Building
Inspection Department by the Engineering Department upon the submittal ora building penllit
application, The tces listed bdow arc intended to provide general infonl1ation on the fees that
couJd be assessed, The Capital Improvement" Advisory Committee is in the process of
reviewing the current impact fees. as reqUIred by State law. The fees may change in the next 6
months,
· Roadway
· Water
· Sewer
$ I .600 per lot for single fmnily uses
$2,936 ill!' a I-inch meter (fee dependent on watcr meter size)
$256 for a I-inch meter (fee dcpendent on \Iv<ltcr meter size)
3. Parkland dedication fCes arc due at the time of approval of the final plat. '!be fee tor
residential uses is $1260 per dwelling unit. An a'lsessment of parkland dedication fecs "..ill be
provided upon the review of the final plat.
PUBLIC HEARING SCHEDULE
Planning & Zoning CommissJon
City Council
Monday, February 28. 2000, 7:00 p,m,
Tuesday. tv1arch 21 cmd April 04. 2000. 7:30 p.m.
RESUBMITT AL REQUIREMENTS
There may be additional comments recorded on the sel of marked-up plans These plans arc
ready to be picked up for rc\'isions, The marked-up plans must be returned with the next
submittal
Once you have completed the changes to the exhibit, please submit the following to our
offices:
22 folded copies (If the revised Preliminary Plan/Zoning Exhibit drawing
one 8-1/2" X] I" reduced copy of the exhibit
a written letter addressing each comment sl4iting the comment has been addressed or oflering
rea.,ons \-vh)' the requirement should be modified 01' waived
The revised exhibit and preliminary utility and drainage plans must be suhmitted hy
\Vednesday. February 24 in order to make the scheduled hearings, Please call me if you have
any questions.
-
PAGE 3 OF 4
Attachment #2 - DRC Review Comments (page 3)
Mr. Clayton Husband
Page 2
Regarding Note No. 6 - We acknowledge this comment. and we are asking for a
waiver for the required twenty (20%) percent of land for open space.
Regarding Note No.7 - We acknowledge this comment.
Regarding Note No.8 - We acknowledge this comment.
UTILITY PLANS:
Regarding Note No. 1 - We acknowledge this comment and ask for a waiver of this
requirement as we are asking the City of Colleyville for an "Interlocal Agreement"
with the City of Hurst.
Regarding Note No. 2 - We acknowledge this comment. We are under the
impression that the 20-inch water line will be "Colleyville's High Plane"line and the
residential lots adjacent to the water line will not be permitted to connect to it.
Therefore, it provides no direct benefit to our development, and we ask that you
waive the prorata cost of this line. We will include the design and specifications
for the proposed 20-inch water line in our final construction plans of Madison
Place, with the construction cost for the line being the City's responsibility.
Regarding Note No.3 - We acknowledge this comment.
We appreciate your consideration of this plan. Please contact us should you have
questions or require additional information.
cc Mr. Derek A. DeGuire
file
Attachment #3 - Developer's Response Comments (page 2)
makes the project unfeasible if the maximum number of 1015 is not obtained. The
perimeter street fees alone amount to $9,000 per lot ($207,000/23 ]ots). While it is true
that the costs can be amortized over the entire development, both the Colleyville and
Hurst sections each come with their own development burden. The Hurst piece has
substantial off-site stonn se\....er that must be provided.
With respect to utilities, the sewer system if seTVed from Colleyville must come from a
considerable distance to the east. The construction to provide sewer w'ould mean taking
out or destroying several large oak trees on the north side of Glade. I believe that leaving
this beautiful setting untouched and providing sewer from Hurst, which is readily
available, is more important than providing Colleyville sewer for only 23 lots.
Since our previous meeting the City of Hurst P & Z unanimously approved Madison
Place and is scheduled to go before their Cny Council Tuesday night. I hope that
MadIson Place can be approved as it will not only provide a nice addition for the City of
Colleyville. it wiU also provide additional tax revenue for the City. r conservatively
estimate that with an average price of$230,000, this would bring the City over
$5.000.000 worth of taxable value.
Sincerely,
r\
f,' }2JJ~._/
Deh~l A DeGuire
Attachment #4 - Applicant's Letter regarding Entryway (page 2)
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Attachment # 5 - Perimeter Street Estimate
February 21,2000
Mr. Cla}1ol1 Husband
Community Development Coordinator
City of Colleyville
P. O. Box 185
ColJeyville, Texas 76034
Dear Mr. Ilusband:
Please be aware that I am contacting you in regards to the proposed Madison Place devdopment by
Derek DeGuire of Deguire Homes. This project is located near my property 01'216 West Glade Road,
I have personally spoken with Mr. DeGuire and have assured him that I have no objections 10 the said
project so long as there is no impact on any of the existing homeowners east of this project. I directly
addressed in particular drainage concerns due to the fact that properties located east of this project
cannot endure any additional water drainage. He has assured me that the drainage will not have any
impacl on me or my neighbors, He plans to run the water drainage from this project into the creek
adjacent to this pr~ject.
Therefore, by means of this Jener, I support for the above mentioned project as Jong as the project stays
on track according to Mr. DeGuire in the fact that the east homeowners will not have any impact from
said projt:cl.
Sim;erely.'J 1
L~.~c:f: Jf7
/C7 v ,
George L. Ray
216 West Glade Road
Colleyville. Texas 76034
(817) 281-6547
,K'~,' 'ECEIVE
If
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J FEB 2 5 ZOtJ(J
CITY OF COLlEYViLlE
BY COMMUNITY DEVELOPMENT
Attachment #7 - Letter of Support
The Allgood Family
400 West Glade Rd.
Colleyvltle , TX 76034
Tamlnt
Phone 817-788-1417
Fax 817-788-1289
Home Phone 817-281-2383
March 07. 2000
Bany LeBaron
5400 Bransford Rd.
CoJleyville , TX 76034
Dear Bany.
I am writing in reguarct to the P&Z meeting on 2-28-00. concerning the 7.2
acres on 400 W. Glade Rd. (cue Z-OO-010) We heard a few negative neighbof$,
a few possitive. but I was disappointed at the negative response that was received
from the city of Colleyvifle. Some of the commlssionef'S were very knowledgeable
of the area and the SUITOundlngs of this property. As we all know this is not the
"ELITE" section of COlleyville. where 1/2 acre lots should be enforced. This property
is bordered on three sides by Hurst . It is in the Birdville school distrid and has
been since at least 1949,
The developer, Oeretl. Deguire. has requested a zoning change for smaller lots.
(PUD-R) Because of the lay out of this property, it seems the most economical for
the area. The proposed phrt is compatible to what is in the area. and like it or not,
that Is the Hurst area. The houses in this area (CoIleyvUle) that are on acreage
with the exception of 1 or 2 are not as large as the houses that will be built In this
addition. The rural Colleyville as we know It is fading away, 1/2 acre lots are just
that 112 acre lots. You put a house and a pool on that 112 acre and you don"t have
rural, you have a housing addition just on a larger scale.
The CoIleyvllle P&Z seem to be putting quite a few restrictions on this proposed
zone change- 1) Wanting the developer to pay for the widening of Glade Rd.-wetl
YOtl and I both know that the widening of that road will probebly never happen, not
in the next 20 years. that has been In your pl8fI$ for years and nothing has been
done in that direction.
2) The 10' sidewalk and the 20% green spot - this is where I feel
some of you have not seen this property first hand. By the time you allow 10' side-
walk landscaping and 8 retainer wall. this takes a good portion of the depth of this
property and that is in short supply since this property runs lengthwise of Glade Rd.
with frontage. The tots along this frontage would be the lower cost lots because of>their closness to Glade. The additions in this area have 4' sidewalks even Mill
Creek in COlleyville, east of this property ,does not have 10' sidewalks. We feel
landscaping along with a 4' sidewalk and 8 nice landscaped entrance would be
compatible or even nicer than the other additions.
3) The TRA connections- I won't elaborate on this one- I don't see
the point- It has nothing to do with this development.
4) The Ulility Issue - This would be a huge expense for the
developer. COlleyviUe would stili receive revenue from utilities- Yes paperwork is
involved- but paper WOt1t is involved no matter which way you go,
5) Fencing- this was more of a neighbor Issue- and deed restrldlons
can take care of this problem
Uke I said, CoIleyville P&Z are putting so many restriction, that Mr. Deguire has
approached and asked If we would consider selling just the Hurst part and giving him
a road through our COlleyville property? We need to tell you this could be a possibility.
it would work with our situation.
Attachment #9 - Current Property Owner (page 1)
March ) 3, 2000
Barry leBaron
Community Development Manager
City ofColleyville
Dear Mr, LeBaron:
I am writing in regard to the proposed Madison Place Addition on the nonh side of Glade Rd My propeny
is located at 405 W. Glade Rd, direclly across the street from the proposed development,
Mr. DeGuire has met with me to discuss Madison Place and to address my concerns or questions While
I do have some concerns regarding future traffic, I am in favor of his development. It has the same size
lots as the Hurst developments around it and will be considered a Hurst development simply because of its
location.
My house is closer to the CoJleyville ponion of this development than any other Colleyville resident and I
feel this development effects me probably more than anyone else simply because its literally in my from
yard I think this development would be a nice addition to the City of Colleyville and would encourage
you to pass it.
Sincerely,
~,/ !::L-I
Russ Eubank
405 W. Glade Rd,
Colleyville, TX 76034
Attachment #10 - Letter of Support
d. Setbacks
Front
"" (?L~(Q~..m_
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e, Lot Coverage
max.
6. Screening (Sec.. None required
24.1 )___,_......_......L....m_".."'......_"'.,.._........m..m "mm "m..m........_ ",. m_mm....'........
7: Larlds-caping None required
"'" ,., "'" (~~~:~.'.!:1~)m..'..m......m.... 'm..m.... "" ,m"'_"m mmmm'mm..
8. Building , Not applicable to single family residential
Design
Standards (Sec.
"', , "'m~..~:..17)m.._.......... m_..'m_......._...
9. Parkin (Sec. 25) 'Not a
25 feet
6ft. on one_~i~_~ ..&..19 ..~_:..~n !~~.. ot~~r.s!gem_m____
10 ft.
...__.__._.__._.__.__.........N._._......_m.__.__H.._...._._._.--_.m_........__.__..___.___....__.M._____....
50%
ADOPTED PLANS
1. Thoroughfare Primary access to the property is from Glade Road, which is
Plan classified as a Minor Arterial on the Master Thoroughfare Plan.
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2. Land Use Plan The Land Use Plan indicates the future use of this property as
single family residential. The request is consistent with the Plan,
except that the proposal exceeds the maximum density
recommended of 1.8 units per acre.
...--.......,.-_.....................-- ..............
3. Parks and The Parks Plan does not identify any future public pa rks that
Recreation Plan would affect this property. The developer is responsible for
.................-......-. .........h...__._...._ """""""""""""'mm"""."",P~E~t~':lQ..Q~Qi~?!i9':lf~~~?t!h,~".ti,~,~"2Ui.!}~!..p!.~!!i!}g:.,,. ..-............................,........-...-................
4. Pathways Plan The Pathways Plan shows a 10 foot hike/bike trail that would
affect this property. The developer is required to construct the
.-........,..-..................-...- .................-.-.............- "m.""!~?iJ..,..?IQ..r]g,,,!h,~!}2~h_,~i9~,,2f..G,I~,Q~_,Bg_~Q:__. ........... ...............-. ...._............"Ho................... ...............
Attachment #11 - Project Fact Sheet
Rutherford asked if there was a poor lot in the area that would be suitable for a small
open space park or lot.
Mr. DeGuire stated that Lot 10 could be used for landscaping given the proximity of the
hike and bike trail.
Hill asked if the development could provide separate water and sewer systems.
Mr. DeGuire stated yes.
Hill asked if lot sizes could be increased and a masonry fence could be built along the
east property line to protect the adjacent property owners.
Mr. DeGuire stated increases in lot depths would affect the Hurst portion of the
development. He stated the masonry fence would not add much to the development
since only a small portion is in Colleyville. He stated they would agree to install fencing
along that area rather than rely on deed restrictions. He stated the perimeter street
improvements result in a $9,000 per lot cost. He stated the taxable value of the
Colleyville portion would be over five million dollars.
Chairman Hart asked what the open space calculation would be if Lot 10 were included
as landscaping.
Mr. DeGuire stated it would be approximately 11 %, including the trail system.
Edwards asked if the entire development would be constructed at once.
Mr. DeGuire stated yes.
Henry Erben, 312 West Glade. He stated he has three acres of green space on his
property adjacent to the development. He stated he would like to see a fence installed
on the common property line. He stated his concern about children coming onto his
property since he has a pond on the site.
Cindy Moore, Bear Creek Drive, Hurst. She stated she did not want Crystal Drive to be
a major entrance into the development. She stated she has electric fencing on her
property and would like to see a masonry fence. She stated her concern over having an
open pond on her property and children in the development having access to her
property. She stated the existing fences in the Hurst portion are in disrepair and in need
of replacement. She asked if the lot sizes were in compliance with Colleyville
standards, She stated that she and Mr. DeGuire were working on a land trade.
Chairman Hart stated the proposed minimum lot size is 8,250 square feet, and
Colleyville requires a minimum of 13,000 square feet.
There being no one else wishing to speak, Chairman Hart closed the public hearing.
Commissioner Edwards asked if the city limit line does not change, how would the
taxing authority situation be affected.
Staff stated it looks as if the city limit line would only affect the back yard, and the lots
would likely be taxed according depending upon which city they would be located in.
Staff stated that both Hurst and Colleyville city councils must approve the change, and
the change would be considered as part of the plat.
Commissioner Fletcher stated that PUD-R zoning must be looked at on case-by-case
basis. He discussed traffic patterns in the area, open space and utilities. He stated the
offer of the fence is good for the residents in the area. He stated the increased right-of-
way would provide additional setbacks for houses backing up to Glade Road. He stated
the developer addressed the Commission's concerns about providing a divided entry.
Commissioner Hill stated the lot sizes and open space situation have not changed. He
stated his concerns about increased traffic and the road connection to Glade Road.
Commissioner Collins stated he is concerned that the development does not meet any
of the PUD-R requirements. He stated even though the size is very small, it should
meet at least some of the requirements.
Commissioner Edwards stated she recognizes this as a reasonable solution to
development in the area and is satisfied with the concessions granted by the developer.
Commissioner Rutherford stated the developer has made significant concessions since
the first meeting and has no major concerns about the development.
Chairman Hart stated that the developer has agreed to many changes and concerns by
the city staff and the Commission, and that the Commission is only looking at the 24 lots
in Colleyville.
Commissioner Hill asked if the Ms. Murchison and Mr. Erben were satisfied with the
fencing proposal.
Mr. Erben stated he is satisfied with the fencing situation.
Ms. Murchison stated she is satisfied with the fencing situation.
Commissioner Fletcher moved to approve the zoning case Z-00-010, subject to
the entryway enhancements as submitted by the developer; a wood fence
uniform in appearance, along the eastern property line in both cities; the fence be
constructed prior to the first building permit being issued; the lots in Colleyville
be provided utilities from the City of Colleyville; a 10-foot trail along Glade Road;
ORDINANCE 0-00-1212
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING
MAP AND CHANGING THE ZONING OF 7.217 ACRES OUT OF THE W.
A. DOTY SURVEY, A-420, FROM THE AG-AGRICUL TURAL DISTRICT
TO THE PUD-R DISTRICT (SINGLE FAMILY RESIDENTIAL USE);
PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING
PUBLICATION:
WHEREAS, an application for a zoning change was filed by Derek
DeGuire, on January 28, 2000, under Case No. Z-00-010;
and
WHEREAS, notice of a public hearing on this rezoning request has been
completed in accordance with the requirements of the
Zoning Ordinance and the Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Zoning Ordinance of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described by metes and bounds (Exhibit B), by
changing the zoning of said property from the AG-Agricultural district
to the PUD-R (Single Family Residential) district, together with all
site plans which are conceptual in nature, supporting documents,
and other conditions and restrictions imposed and approved by the
Council which are incorporated herein by reference including the
conceptual site plan (Exhibit C), and subject to the following
conditions:
1. GENERAL
a. The purpose of this PUD-R is for single-family residential
development, constructed at an approximate density of 3.3
dwelling units per acre.
b. This property is subject to all the regulations contained in the
Colleyville Zoning Ordinance, Subdivision Regulations and other
land development ordinances, except where amended by this
ordinance.
Ordinance 0-00-1212
Page 3 of 7
adjacent to this property. The trail shall be a minimum ten (10)
feet in width and be constructed along this property's frontage
on Glade Road and shall be constructed according to City trail
standards and specifications.
7. PLATTING
a. The developer shall submit a final plat of the property in
accordance with the Colleyville Subdivision Regulations. The
conceptual site plan attached as Exhibit C to this ordinance
shall constitute the preliminary plan.
b. The final plat shall provide for a 75' right-of-way dedication
along Glade Road.
8. UTILITY SERVICES & IMPACT FEES
a. The lots located within this PUD-R shall be connected to and
served by the Colleyville water and sewer systems and shall
be subject to all applicable water, sewer, and roadway impact
fees and park land dedication fees.
Sec. 2.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Zoning Ordinance of the
City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be punishable
as such.
Sec. 3.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,1999.
day of
Ordinance 0-00-1212
Page 5 of 7
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CITY COUNCIL Tw' AGENDA BRIEFING
For mta. : 3/21/2000 CMO Approval:
Item # :
11
Ordinance # :
0-00-1213
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Amending the roadway capital improvements plan
and the imposition of impact fees
Previous Action: None
First Reading and Public Hearing
BackQround
This agenda briefing provides a recommendation for the adoption of new roadway
impact fees, which are charged to new development to help offset the cost of building
the collector street system in the City of Colleyville. You may recall that new impact
fees for water and sewer improvements were approved in January, but the roadway
impact fee study that had been prepared by the engineering consulting firm of Kimley-
Horn and Associates was not ready for adoption at that time because it required
additional work due to changes to the Master Thoroughfare Plan for Thompson Terrace
and a portion of Glade Road. Included with this agenda briefing is the final copy of the
Roadway Capital Improvements Plan, dated March 2000. The Roadway Capital
Improvements Plan identifies all the roadway improvements required to meet the
collector street improvement needs associated with new development over the next ten
year period and provides cost estimates for making those improvements. The capital
improvements plan is based on the Master Thoroughfare Plan adopted by the City
Council at the January 4, 2000 meeting.
(continued)
FINANCIAL REVIEW (IF NECESSARY
Agenda Briefing
Ordinance 0-00-1213
Page 3
Maximum Allowable Roadway Impiict Fees
Service Service
Land Use Unit of Trip Area 1 Area 2
Generation Fee Fee
Single Family Dwelling Unit $ 1,962 $ 1,589
Multi-Family Dwelling Unit $ 1,359 $ 1,101
Office 1000 sJ. GFA ' $ 2,257 $ 1,828
Retail 11000 sJ, GFA $ 10,912 $ 8,836
Schools Students $ 209 J $ 169
Industrial Acre $ 10,619 $ 8,599
Private Open Space Acre $ 326 $ 264
Recommendation
Approval of Ordinance 0-00-1213 to adopt the Roadway Capital Improvements Plan
and impose the impact fee.
~
1't'Xll~
March 13, 2000
The Honorable Donna Arp. Mayor and City Council
City of Colleyville
5400 Bransford Road
Colleyville, TX 76034
Dear Mayor Arp and City Council:
The Capital Improvements Advisory Committee for the City of Colleyville met on
March 13, 2000 to review the Roadway Capital Improvements Plan and Impact
Fee Update study prepared by the engineering firm of Kimley-Horn, and
Associates.
The Committee recommends the adoption of the following Roadway Impact
Fees:
Area 1: $1,962
Area 2: $1,589
This letter serves as the official written comments to the Council, as required by
Chapter 395, Texas Local Government Code, Thank you and the other member
of the City Council for providing us the opportunity to serve our community,
P,O. BOX 185 COLlEYVllLE, TEXAS 76034 (817) 577-7575
Attachment #2 - Written Comments from Advisory Committee
Jim Fletcher asked why the fee for Area 2 is less than the previous study.
Staff stated the Thoroughfare Plan has changed since the previous study, which has a
direct relationship on the calculation of the fee. Staff advised that the fee is only slightly
lower due to changes in pavement width and the addition of intersection improvements.
Luann Edwards asked what the fee can be used for.
Staff advised that the fees could only be used for those roadways shown on the
Thoroughfare Plan.
Rob Rutherford asked how the designation of collector and arterial are assigned.
Staff advised that the designation is based on the function of how the road is intended
to be used.
Luann Edwards stated if the Committee were to adopt the same fee for each service
area, then the fee would have to be the lower of the two since the $1,589 fee is the
maximum allowed for that service area.
Larry Cole stated the fees are comparable to other similar cities. He stated that places
like Hurst, Grapevine and North Richland Hills have much lower fees, but those cities
have much larger commercial bases. He stated the Committee should vote on each
service area separately. He stated that he would not vote for Area 1 to be charged the
maximum.
Luann Edwards stated that there is not much developable land left in Area 1.
Jim Fletcher stated that this is the only way for the City to recoup any of the costs
associated with road construction.
Luann Edwards moved to adopt the maximum fee allowed for Service Area 2 of
$1,589. Mike Collins seconded the motion. The vote being:
Ayes: Rutherford, Edwards, Collins, Fletcher, Hill, Hart, Cole
Noes: None
Jim Fletcher moved to adopt the maximum fee allowed for Service Area 1 of
$1,962. The motion was seconded by Luann Edwards.
Ayes: Edwards, Collins, Fletcher, Hill, Hart
Noes: Rutherford, Cole
ADJOURNMENT: The meeting adjourned at 7:00 p.m.
Ord.0-00-1213
Page 2 of4
Sec4.
Sec 5.
Sec 6.
Sec 7.
Sec 8.
Sec 9.
THAT Exhibit D, Schedule of Maximum Impact Fees to be Collected,
of Ordinance 0-95-1004, as amended, is hereby amended as it
relates to Roadway Impact Fees by establishing the actual
assessment rate as follows:
A. Service Area 1: The actual Roadway Impact Fee Collection Rate
shall be 100% of the maximum allowed by this ordinance.
B. Service Area 2: The actual Roadway Impact Fee Collection Rate
shall be 100% of the maximum allowed by this ordinance.
THAT Exhibit D, Schedule of Maximum Impact Fees to be Collected,
of Ordinance 0-95-1004, as amended, is hereby amended as it
relates to Roadway Impact Fees by incorporating the table of Actual
Roadway Impact Fees to be Collected shown on the attached Exhibit
"1" of this ordinance.
THAT Exhibit G, Roadway Improvements Plan, of Ordinance 0-95-
1004, as amended, is hereby amended and the document "Roadway
Capital Improvements Plan and Impact Fee Update" dated March,
2000, is hereby adopted as the official study required by Chapter 395
of the Texas Local Government Code for adoption of roadway impact
fees.
THAT Ordinance 0-95-1004, as amended, as it relates to Water and
Wastewater Impact Fees shall remain in place, except where
amended by this ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of thi's
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be punishable
as such.
2
Ord,O-00-1213
Page 4 of 4
Maximum Allowable RC'ildway Impact IFees
Service Service
land Use Unit of Trip Area 1 Area 2
Generation Fee Fee
Single Family t Dwelling Unit $ 1,962 $ 1,589
Multi-Family I Dwelling Unit , $ 1,359 I $ 1,101
Office 1000 s.f, GFA I $ 2,257 $ 1,828
Retail 11000 s.t. GFA ! $ 10,912 I $ 8,836
I
Schools Students $ 209 i $ 169
Industrial Acre : $ 10,619 I $ 8,599
I
Private Open Space Acre $ 326 $ 264
Actual Roadway Impact Fees To Be Collected
Service Service
Land Use Unit of Trip Area 1 Area 2
Generation Fee Fee
Single Family ! Dwelling Unit ' $ 1,962 I $ 1,589
Multi-Family : Dwelling Unit i $ 1,359 $ 1,101
Office 1000 s.f, GFA I $ 2,257 $ 1,828
Non-sales Tax ! 1000 s.f. GFA I $ 10,912 $ 8,836
Generatina Retail I !
Sales Tax ! 1000 s.t. GFA . $ 0 $ 0
Generating Retail (1)
Schools Students $ 209 $ 169
Industrial Acre $ 10,619 $ 8,599
Private Open Space , Acre $ 326 $ 264
(1) Per refund criteria for sales tax businesses
Exhibit "1"
4
Roadway
Capital Improvements Plan
And Impact Fee Update
for the
City of Colleyville, Texas
city Of
Texas
March, 2000
KHA No. 063439005
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City ofColleyville
1999 Roadway CIP
and Impact Fee Update
06106301/impc.feeldocfTOC doc
Table of Contents
Page No.
I. Introduction
1-1
II. Land Use Assumptions
II-I
III. Capital Improvements Plan
111-1
IV. Methodology for Determination of
Roadway Impact Fees
· Service Areas
· Equivalent Service Units
· Cost Per Service Unit
- Cost ofthe CIP
- Trips
· Impact Fee Collected Per Service Unit
· Service Unit Demand Per Unit of Development
IV-l
V. Conclusions
V-I
City of Colleyville
] 999 Roadway CIP
and Impact Fee Update
0610630 Ilimpctf<e1doc!fOC doc
List of Tables
Page No.
Table 111-1 Capital Improvements Plan Projects III - 2
Included in Impact Fee Calculations
Table 111-2 Upgrade Plan Projects to Serve III -4
Existing Development
Table IV-l Trip General Rates for Selected Land Uses IV-2
Table IV-2 Current and Projected Land Uses for IV-3
the City of Colleyville
Table IV-3 2000 Equivalent Service Unit Calculations IV-4
Table IV-4 2010 Equivalent Service Unit Calculations IV-4
Table IV-5 Ultimate Service Unit Calculations IV-4
Table IV-6 Projected Growth in Daily Trips per IV-5
Service Area
Table IV-7 Level of Use Table IV-5
Table IV-8 Roadway Typical Section Cost Summary IV-8
Table IV-9 Capital Improvements Plan Projects IV-9
Included in Impact Fee Calculations
Table IV-I0 Maximum Calculated Impact Fee per IV-II
Service Unit (Trip)
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
06106JOllimpclfccldodTOC doc
List of Figures
Page No.
Figure 111-1
Capital Improvements Plan Map
III-3
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
06106301h1T'!lC1feelOoclldoc
I. Introduction
Chapter 395 of the Texas Local Gov't Code provides cities with a mechanism for
collecting funds to finance or recoup the costs of certain capital improvements,
including roadway facilities. In August of 1995, the City of Colleyville enacted
Ordinance 0-95-1004, which amended section 11 of the City's Subdivision
Ordinance. The Ordinance deleted section 11 of the existing Subdivision Ordinance
and added a new Section 11 regulating water, wastewater and roadway impact fees.
Section 1.19 of the Colleyville Water, Wastewater and Roadway Impact Fee
Ordinance calls for the City to update the land use assumptions, Capital Improvement
Plan, and impact fee every three years if revisions are determined to be needed. On
December 16, 1997 the City ofColleyville initiated a review of land use assumptions,
capital improvement plan, and impact fees. The purpose of this report is to
recommend revisions to the process by which impact fees are computed, based on
refinements to land use categories and service unit calculations. The report also
updates the calculation methodology based on the adopted revisions to the Land Use
Assumptions and the Capital Improvements Plan.
The report introduces and references two of the basic inputs to the Roadway Impact
Fee: the Land Use Assumptions and the Capital Improvements Plan. Information
from these two documents is used extensively in the remainder of the report. This
consists of a detailed discussion of the methodology for the computation of impact
fees. This discussion-Methodology for Determination of Roadway Impact Fees
discusses each of the components of the computation and any modifications needed
for the 2000 update. These components include:
.
Service Areas
Service Units
Cost per Service Unit
Impact Fee Collected Per Service Unit
Service Unit Demand Per Unit of Development
.
.
.
.
The final section of the report is Conclusions which presents the findings of the
update analysis and the highlights of the changes between the 1995 and 2000
Transportation Impact Fee Reports.
1-1
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
061 06301 nmpclleel<loclll ,doc
II. Land Use Assumptions
The land use assumptions were developed by the City with assistance from Kimley-
Horn and Associates, Inc., and approved by Colleyville City Council on September 1,
1998 as part of Resolution R-98-1408. These assumptions were used in calculating
the number of trips in each service area for use in calculating maximum impact fees.
II-I
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
061 06301 ^~ctreeJdoclllldoc
III. Capital Improvements Plan
To finance roadway improvements, the city must identify the transportation projects
needed to accommodate projected growth for a ten-year period. The Capital
Improvements Plan (CIP) is a list of the projects. The CIP includes arterial and
collector class facilities which are part of the Master Thoroughfare Plan but does not
include state facilities.
The Capital Improvements Plan that is proposed for the 2000 Impact Fee Update is
listed in Table ill-I and mapped in Figure ill-I. The table shows the length of the
project as well as the facility classification in the Thoroughfare Plan. It was
developed by the Colleyville staff and represents those Thoroughfare Plan projects
that the City intends to build to accommodate the growth projected in the City of
Colleyville Land Use Plan.
The Colleyville thoroughfare system in place is adequate to handle most traffic
generated by the current population. However, there are several existing roads that
are narrow and have insufficient shoulders and/or other design deficiencies. These
facilities are considered sub-standard and the cost to widen these facilities is
considered as improvements to serve existing development. These projects and costs
are provided in the Upgrade Plan, presented as Table ill-2. These projects are
intended to correct existing deficiencies and costs associated with these projects are
not eligible for Roadway Impact Fee fmancing.
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City of Colleyville
1999 Roadway CIP
and Impact Fee Update
Figure 111-1
06106301f1~eeldocIIlI,doc
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City of Colleyville
1999 Roadway CIP
and Impact Fee Update
051 05JO 1 ftmpctfeeldocllV doc
IV. Methodology for Determination of Roadway
Impact Fees
Service Areas
The two service areas used in the 1994 Transportation System Impact Fee
Determination are illustrated in Figure 111-1. The service areas cover the entire
corporate boundary of Colleyville. They are comprised of an integral number of
traffic survey zones, a planning zone used by the North Central Texas Council of
Governments for travel modeling and demographic estimates and projections.
Chapter 395 ofthe Texas Local Government Code specifies that "the service area is
limited to an area within the corporate boundaries of the political subdivision and
shall not exceed a distance equal to the average trip length from the new
development, but in no event more than three miles." An inspection of the 1994 zone
structure indicates that these zones are more than three miles in the longest
dimension, but their area is a reasonable approximation of the three mile limit, and no
change is needed.
Equivalent Service Units
The basic "service unit" for the calculation of impact fees in the City of Colleyville
has been established as a single vehicle "trip". Equivalent service units (ESU) are
calculated using the trip generation rates provided in Table IV-I. These rates
correspond to the land uses identified in the Land Use Plan summarized in Table IV-
2. The existing, 10 year projected, and build-out trips calculated for each service area
are presented in Tables IV-3 through IV-5. Table IV-6 presents the projected 10-
year growth in trips for each service area, as well as the projected growth to build-
out. The application of this unit as an estimate of either supply or demand is based
on travel during the average weekday. This time period is commonly used as the
basis for transportation planning and the estimation of trips caused by new
development.
IV-I
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
06106301nmpctteeloocllV doc
Table IV-l
Trip Generation Rates for Selected Land Uses
Trips Generated Unit of Trip
Land Use per Unit Generation
Single Family Residential 9.57 DU
Multi-Family Residential 6.63 DU
Office 11.0 1 1000 sq.ft. GFA
Retail 53.23 1000 sq.ft. GFA
Institutional 1.02 Students
Industrial 51.80 Acre
Private Open Space 1.59 Acre
Public Open Space 1.59 Acre
Source: Institute of Transportation Engineers. Trip Generation. 6th Edition,
Washington, D.C., 1997.
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Table IV-3: 2000 Equivalent Service Unit Calculations
LAND USE Trip Generation S.A.1 S.A. 2 I S.A. 1 $ 2
Rate Unit Qty. # Trips Qty. # Trips Qty. # Trips
Sinale Family 9.57 DU1 4348 41,608 3531 33,789 7879 75,398
Multi-FamilY 6.63 DU2 0 0 158 1,045 158 1,045
Office 11.01 1000 sq.ft. GFA4 77 844 63 697 140 1,541
Retail 53.23 1000 sq.ft. GFA5 1442 76,744 743 39,550 2185 116,294
Institutional 1.02 StudentsJ 2067 2,108 1979 2,019 4046 4,127
Industrial 51.80 acre 24 1,263 18 909 42 2,172
Private Open Soace 1.59 acre 49 79 134 214 184 292
Public Open Space 1.59 acre 102 163 160 254 262 417
122,810
78,476
Table IV-4: 2010 Equivalent Service Unit Calculations
LAND USE Trio Generation S.A.1 S.A. 2 E SA 1 $ 2
Rate Unit Qty. # Trips Qty. # Trips Qty. # Trips
Single Family 9.57 DU' 4583 43,860 4185 40,050 8768 83,911
Multi-FamilY 6.63 DU2 0 0 158 1,045 158 1,045
Office 11.01 1000 sq.ft. GFA4 208 2,288 249 2,741 457 5,029
Retail 53.23 1000 sq.ft. GFA5 2304 122,647 1608 85,566 3912 208,213
Institutional 1.02 Students3 2179 2,223 2346 2,393 4525 4,616
Industrial 51.80 acre 24 1,244 0 0 24 1,244
Private Open SDace 1.59 acre 75 120 136 217 212 336
Public Open Space 1.59 acre 87 138 171 272 258 410
Delu Trips =
Table IV-5: Ultimate Equivalent Service Unit Calculations
172,520
49,710
132,284
53,808
103,518
LAND USE Trip Generation S.A. 1 S.A. 2 I SA 1 & 2
Rate Unit Qty. ## Trips Qty. # Trips Qty. # Trips
Sinale Family 9.57 DU1 4936 47,238 5166 49,442 10102 96,680
Multi-FamilY 6,63 002 0 0 158 1,045 158 1,045
Office 11.01 1000 sq.ft. GFA4 404 4,453 528 5,808 932 10,261
Retail 53.23 1000sq.ft. GFA5 3598 191,501 2904 154,589 6502 346,091
Institutional 1.02 Students3 2347 2,394 2896 2,954 5243 5,348
Industrial 51.80 acre 23 1,216 0 0 23 1,216
Private Open Soace 1.59 acre 114 181 139 222 253 403
Public Open Space 1.59 acre 64 101 173 275 237 376
'1 ESU = 1 Trip
1 S,F, DU = (S,F, Acres x 1.8 DU/Acre)
2 assumed 12 DU/acre (multifamily only)
3 based on 1994 enrollments prorated by appropriate increase in DU since 1994
, Assumed 4,0 X 1000 SF GFA per Acre (1994 Impact Fee Ordinance)
s Assumed 8,83 X 1000 S,F, GFA per Grose Acre (5'" edition Trip Generation Manual) uSing Land Use 820 equation
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
06106301 ;mpcijeeldocnV doc
Table IV-6
Projected Growth in Daily Trips per Service Area
Increase in Daily Trips
Land Use 2010 Ultimate
S.A.l S.A.2 S.A.l S.A.2
Single Family 2,252 6,261 5,630 15,653
Multi-Family 0 0 0 0
Office 1,443 2,045 3,608 5,111
Retail 45,903 46,016 114,757 115,040
Institutional 114 374 286 935
Industrial -19 -909 -47 -909
Private Open Space 41 3 103 8
Public Open Space -25 18 -61 21
Total 49,710 53,808 124,274 135,860
Another aspect of the service unit is the service volume that is provided (supplied) by
roadway facility. This number, also referred to as capacity, is a function of the
facility type, facility configuration, number oflanes, and level of service.
Level of service is a term used by traffic engineers to describe the perfonnance of
various components of the transportation system. The service volumes used in the
this study are consistent with a level of service "C". This is the level of service used
in the Thoroughfare Plan Study. Level of service "C" is an appropriate standard for
the City of Colleyville and is recommended that it remain the basis for service
volumes in the 2000 Impact Fee Update. Table IV-7 shows the service volumes as a
function of facility type.
Table IV-7
Level of Use Table
Facility Type
Daily Vehicle-Mile
Capacity per
Mile of Roadway Facility
(Level of Service "C")
2-Lane 4-Lane
Median Configuration
Principal Arterial
Principal Arterial
Minor Arterial
Minor Arterial
Collector
Collector
Local
Divided
Undivided
Divided
Undivided
Divided
Undivided
Undivided
10,545
9,820
10,180
9,090
8,000
7,275
7,275
21,090
19,640
20,360
18,180
16,000
14,550
14,550
IV-5
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
061 06301~mpctlee!docJ1Vdoc
Cost Per Service Unit
A basic step in the impact fee process is to establish the cost for each service unit. In
the case of the transportation impact fee, this is the cost for each trip. This means the
costs to implement the roadways needed to accommodate daily trip demands at the
level of service which corresponds to the City's standards. The cost per service unit
is calculated for each service area because each service area has a specific list of
projects. The combination of the projects in each service area comprises the Capital
Improvement Plan.
The second component of the cost per service unit is the number of service units in
the service area. This number is the measure of the growth in transportation demand
that is projected to occur in the ten-year period proscribed by law. As noted earlier,
the units of demand daily trips.
. Cost of the CIP
The costs that may be included in the cost per service unit are all the implementation
costs for arterial and collector system elements on the Capital Improvements Plan.
Chapter 395 of the Texas Local Gov't Code specifies that the allowable costs are
"... including and limited to the:
(l) construction contract price;
(2) surveying and engineering fees;
(3) land acquisition costs, including land purchases, court awards and costs,
attorney's fees, and expert witness fees; and
(4) fees actually paid or contracted to be paid to an independent qualified
engineer or financial consultant preparing or updating the capital
improvements plan who is not an employee of the political subdivision."
The engineer's opinion of the probable costs of the projects in the CIP is based, in
part, on the calculation of a unit cost of construction. This means that a cost per foot
is calculated based on an average price for the various components of roadway
construction. This allows the probable cost to be determined by the type of facility
being constructed, the number oflanes, and the length of the project. The cost for
items which are not included in the unit cost such as bridges, traffic signals, or other
special components are added to each project as appropriate. Table IV-8 shows the
basis for the unit costs used for the Colleyville Capital Improvements Plan. Table
IV-9 is the CIP project list for each service area with the engineer's opinion of the
probable project cost. In addition to construction cost, the table shows the right-of-
way costs assumed for each project. It should be noted that these tables reflect only
planning-level opinions or assumptions regarding the future cost to implement the
CIP. Actual costs of construction and land prices are likely to change with time and
are dependent on market and economic conditions that cannot be predicted at this
time.
Many of the roadways listed in the ClP project list are not new roadways, but rather
existing roadways that are to be built to the City of Colleyville Standards. Since
these roadways will continue to serve existing trips, the entire cost of such projects
are not eligible to be included in the impact fee calculations, For such projects, the
IV-6
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
06' 0630 1 "mpc~eeldocnVdoc
eligible portion is determined to be the percentage of the new capacity beyond the
existing demand that will serve growth in trips on that roadway over the next 10
years.
. Trips
To determine the cost per service unit it is necessary to project the growth in vehicle-
miles oftrave1 for each service area for the ten-year period beginning in 2000. Since
trips are the basic service unit, the cost of the transportation system needed to
accommodate growth in each service area is computed per single traffic trip caused
by the growth over the ten-year period prescribed by law.
Trips were adjusted to reflect changes in the City of Colleyville Land Use and
Thoroughfare Plan Elements of the Master Plan, as adopted by Council on September
1, 1998.
The total trips caused by growth, for each service area, are computed using the trip
generation rates from the (Jh Edition of the ITE Trip Generation Manual. These rates
were applied to existing and 10-yearprojected land use units, as shown in Tables IV-
3 through IV -5. The growth in trips over the next 10 years is equal to the difference
in projected 2010 trips and existing 2000 trips.
IV-7
Table IV -8: Roadway Typical Section Cost Summary
CITY OF COLLEYVILLE
ROADWAY CAPITAL PROJECT COSTS
ROADWAY CLASSIFICATION 2-Lane 4-Lane 2-lane 4-lane 4-Lane Div.
DIVIDED/UNDIVIDED Minor I Major Major Minor Minor Minor
MATERiAl Collector Collector Arterial Arterial Arterial
WIDTH IN FEET 42' 48' 44' 48' 2X26'
RIGHT-OF-WAY WIDTH IN FEET 75' 80' Varies 70' 95'
CONSTRUCTION Rural
PAVING:
EXCAVATION:
WIDTH IN FEET 44 50 44 50 56
DEPTH OF EXCAVATION (FT) 1.5 1.5 1.5 1.5 1.5
CUBIC YARDS 2.44 2.78 2.44 2.78 3.11
COST PER CUBIC YARD $13.00 $13.00 $13.00 $13.00 $13.00
COST PER FOOT $31.78 $36.11 $31.78 $36.11 $40.44
STABILIZATION:
WIDTH IN FEET 44 50 44 50 56
SQUARE YDS 4,89 5.56 4.89 5.56 6.22
COST PER SQUARE YARD $2,50 $2.50 $2,50 $2.50 $2.50
COST PER FOOT $12.22 $13.89 $12.22 $13.89 $15.56
LIME:
WIDTH IN FEET 44 50 44 50 56
SQUARE YDS 4.89 5.56 4.89 5.56 6.22
POUNDS PER YARD 36 36 36 36 36
TONS 0.0880 0.1000 0.0880 0.1000 0.1120
COST PER TON $120.00 $120.00 $120.00 $120.00 $120.00
COST PER FOOT $10.56 $12.00 $10.56 $12.00 $13.44
PAVING:
DEPTH (INCHES) 6.0 6.0 6,0 6.0 7.0
WIDTH OF ROAD 42 48 44 48 52
SQUARE YARDS 4.67 5.33 4.89 5.33 5,78
COST PER SQUARE YARD $24.00 $24.00 $24.00 $24.00 $24.00
COST PER FOOT $112.00 $128.00 $117.33 $128.00 $138.67
SUBTOTAL PAVING (COST PER FOOT) $166.56 $190.00 $171.89 $190.00 $208.11
RIGHT-OF-WAY:
PERCENTAGE OF PAVING 10% 10% 10% 10% 10%
COST PER FOOT $16.66 $19.00 $17.19 $19,00 $20.81
DRAINAGE:
PERCENTAGE OF PAVING 35% 35% 10% 35% 35%
COST PER FOOT $58.30 $66.50 $17.19 $66,50 $72.84
PEDESTRIAN:
COST PER FOOT $16,00 $16,00 $16.00 $16,00 $16.00
LIGHTING:
COST PER FOOT $9,00 $9.00 $9.00 $9.00 $9.00
LANDSCAPE/IRRIGATION:
COST PER FOOT $10,00 $10,00 $10.00 $10.00 $15.00
UTILITY RELOCATION
COST PER FOOT $33.31 $38.00 $34.38 $38,00 $41.62
TOTAL CONSTRUCTION (COST PER FOOT) $309.82 $348.50 $275.65 $348.50 $383.38
ENGINEERING, TESTING, INSPECTION,
LEGAL, ADMINISTRATION
PERCENTAGE OF CONSTRUCTION 20% 20% 20% 20% 20%
COST PER FOOT $61.96 $69.70 $55.13 $69.70 $76.68
FINANCIAL
PERCENTAGE 34% 34% 34% 34% 34%
COST PER FOOT $126.41 $142.19 $112.47 $142.19 $156.42
TOTAL CAPITAL COST PER FOOT $498 $560 $443 $560 $616
TOTAL CAPITAL COST PER LANE MILE $1,316,138 $740,161 $1,171,068 $740,161 $814,187
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City of Colleyville
1999 Roadway CIP
and Impact Fee Update
06106301 nmpclfeeldocnVdoc
Impact Fee Collected Per Service Unit
This section presents the maximum impact fee rate that is developed for each service
area. The maximum impact fee rate is the allowable cost of the Capital Improvement
Plan for the service area divided by the growth in travel that is attributable to the
level of new development projected to occur in the period covered by the CIP, up to
ten years. All of the components of this calculation have been described and
presented in previous sections of this report. The purpose of this section is to
document the computation for each service area and to demonstrate that the
limitations provided by state law have been addressed.
Portion of 10 year Improvements Plan Eligible for Inclusion in Impact Fee
Impact Fee CIP (2000-2010)
AREA 1
$10,231,529
AREA 2
$8,968,381
Projected Increase in Trips
Equivalent Service Units (2010)
AREA 1
172,520
AREA 2
132,284
Less ESU (2000)
-122,810
-78.476
Growth in ESU (2000 to 2010)
49,710
53,808
Maximum Allowable Impact Fee
The maximum allowable impact fee is the ratio of Cost to ilESU, therefore:
Area 1 Impact Fee =
$ 10,231,529
= $205
49,710
Area 2 Impact Fee =
$8,968,381 $
= 166
53,808
IV-to
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
0610630 1 nmpc~eeldocnV doc
Service Unit Demand Per Unit of Development
The assessment of the roadway impact fee is made by multiplying the adopted impact
fee rate times the number of service units projected for the proposed development.
For this purpose the city utilizes the Maximum Calculated Impact Fee per Service
Unit Table presented as Table IV-tO. This table lists predominate land uses that
might occur as growth in the City of Colleyville. For each land use, the development
unit that defines the development's magnitude with respect to transportation demand
is shown. The impact fee rates shown in Table IV-I0 represent the maximum that
can be charged. However, the city may adopt in its ordinance a lesser fee or to waive
such fees.
Table IV-I0
Maximum Calculated ImDact Fee Der Service Unit (Trip)
Maximum Calculated
Trips Impact Fee
Generated Unit of Trip Service Service
Land Use per Unie Generation Area 1 Area 2
Single Family 9.57 Dwelling Unit $1,962 $1,589
Multi-Family 6.63 Dwelling Unit $1,359 $1,101
Office 11.01 1000 fe GFA $2,257 $1,828
Retail 53.23 1000 fe GFA $10,912 $8,836
Schools 1.02 Students $209 $169
Industrial 51.8 Acre $10,619 $8,599
Private Open Spaces 1.59 Acre $326 $264
Service Area 1 = $205
Service Area 2 = $166
'Based on 1997 TriD Generation Manual
The trip rate is the average number of trips generated during the typical weekday by
each land use per development unit. The next column shows that the number of trips
to and from certain land uses are reduced because these trips are already on the
system. This discount for the so-called pass-by phenomenon is applied to land uses
that are convenience rather than destination oriented.
The source of trip generation statistics is the Institute o/Transportation Engineers
Trip Generation Manual, Sixth Edition. This is the latest edition (published in 1997)
of the definitive source of trip generation data. The manual utilizes trip generation
studies for a variety of land uses in the United States, and is used by traffic engineers
and transportation planners for traffic impact analysis, site design, transportation
planning, and transportation impact fee determination. The 1994 Ordinance utilized
an earlier version of the same source. The change in trip generation rates between
the 1994 and 1997 Manuals is a result of more recent data based on current trip-
making characteristics and provides a stronger relationship between the impact fee
charged and the transportation needs related to growth.
IV - 1 1
City of Colleyville
1999 Roadway CIP
and Impact Fee Update
06106301nmpclfeeldocN doc
v. Conclusions
The 1994 Transportation Impact Fee Report for the City of Colleyville established a
process which the city has utilized to collect impact fees to finance or recoup the
costs of capital improvements for transportation. In the intervening years changes
have occurred which cause the mechanism to require a significant update. Among
these changes are the development of new land use assumptions and a Capital
Improvements Plan which are consistent with the ten-year horizon allowed by state
law. In summary, all parameters that are sensitive to the ten-year horizon need to be
adjusted to reflect a 2000 to 2010 implementation and growth horizon.
In addition to these fundamental components of the process, certain technical
revisions are also in order. These include:
· calculations of the cost to implement the CIP
· computation of the growth in trips from 2000 to 2010
· computation of the maximum impact fee that can be collected per service unit
Another finding of this technical evaluation is that the methodology and data used in
the application of the impact fee ordinance are appropriate and consistent with the
transportation aspects of Chapter 395 of the Texas Local Government Code. We also
find and recommend that the list of land uses in the Trip Generation Table is
appropriate for the City of Colleyville and that the trip generation rates and pass-by
trip reduction percentages should be consistent with the Institute of Transportation
Engineers Trip Generation Manual, Sixth Edition.
In conclusion, it is our opinion that the data and methodology are appropriate and
consistent with Chapter 395 of the Texas Local Gov't Code. Further the Land Use
Assumptions for Impact Fees and the proposed Capital Improvements Plan are
appropriately incorporated into the process. The changes that are incorporated into
this report are our recommendation to the City of Colleyville and the Capital
Improvements Advisory Committee.
V-I
.~
CITY COUNCIL To,,,' AGENDA BRIEFING
For mtg. : 3/21/00 CMO Approval:
Item # :
12
Resolution # :
R-OD-1623
Previous Action: None
OEPT. :
FINANCE
SUBJECT:
A Resolution approving the terms and conditions
of an interlocal agreement between the Texas
Cooperative Purchasing Network (TCPN) and the
City of Colleyville
Reading and Public Hearing
Backoround
The Texas Cooperative Purchasing Network (TCPN) is available for all public school
districts, colleges, universities and other local government agencies in the State of
Texas to use. Municipalities and other government agencies can participate in TCPN
as an alternative to going through the competitive process individually.
TCPN operates within purchasing laws and regulations for cities, counties, higher
education and K-12 public schools. It follows the strictest set of applicable rules when
conducting competitions for contracts. Members share the administrative costs of
locating qualified vendors and awarding competitive contracts. Members can generate
purchase orders "per TCPN contract" and comply with auditors' expectations.
(continued)
~M~f?N~
CITY GER "d
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
RESOLUTION R-OO-1623
APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL
AGREEMENT BETWEEN THE TEXAS COOPERATIVE PURCHASING
NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING
PROGRAM FOR GOODS AND SERVICES, AND DESIGNATING THE FINANCIAL
ANALYST AS THE CITY OF COLLEYVILLE'S OFFICAL REPRESENTATIVE TO
THE PROGRAM.
WHEREAS, the staff of the City of Colleyville seeks to reduce the cost of acquiring
goods and services for the City by minimizing both the cost of the
acquisition process and the prices paid for goods and services; and
WHEREAS, the City Council of the City of Colleyville has been presented a
proposed interlocal agreement by and between the Texas
Cooperative Purchasing Networ1< (TCPN), an organization sponsored
by the Texas Education Agency's Region IV Educational Service
Center (ESC); and
WHEREAS, the City Council has found this agreement to be acceptable and in the
best interests of the City of Colleyville and its citizens and taxpayers
through the anticipated savings to be realized; and
WHEREAS, the City of Colleyville, Texas, pursuant to the authority granted under
Sections 791.001 to 791.029 of the Local Government Code, V. T.C.A.
(as amended), desires to participate in the described purchasing
program offered by the Texas Cooperative Purchasing Network
(TCPN) as sponsored by the Region IV ESC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City Council of the City of Colleyville has reviewed the
terms and conditions of the agreement and finds it to be acceptable
and in the best interests of the City of Colleyville and its citizens and
it is hereby in all things approved.
Sec. 2,
THAT the Financial Analyst of the City of Colleyville (under the
direction of the Finance Director and Assistant City Manager) is
hereby designated to act for the City of Colleyville in all matters
relating to the Cooperative Purchasing Program including the
designation of specific TCPN-sponsored contracts in which the City
of Colleyville desires to participate.
INTERLOCAL AGREEMENT
Between the City of Colleyville, Texas
and the Texas Cooperative Purchasing Network
(Sponsored by Region IV ESe)
This agreement is effective and shall be
automatically renewed unless either party gives sixty (60) days notice of non-
renewal. This agreement may be terminated with or without cause by either party
upon sixty (60) days prior written notice, or may also be terminated for cause at any
time upon written notice stating the reason for and effective date of such
terminations and after giving the affected party a thirty (30) day period to cure any
breach.
Statement of Services to be Perfonned:
Texas Cooperative Purchasing Network (TCPN) sponsored by Region IV ESC will
organize and administer a cooperative purchasing program. Authority for such
services is granted under sections 791.001 to 791,029 of the Local Government
Code, V.T.C.A. (as amended). The purpose of this cooperative is to increase the
effectiveness and efficiency of local school districts. The goal of the cooperative
is to obtain substantial savings for all members through volume purchasing.
Role of the TCPN (Sponsored by Region IV ESe):
1. Provide for the organizational and administrative structure of the program.
2. Provide staff time necessary for efficient operation of the program.
3. Receive quantity requests from entities and prepare appropriate tally of
quantities.
4. Initiate and implement activities related to the bidding and vendor selection
process.
5. Provide members with procedures for ordering, delivery and billing.
Role of the Member Jurisdiction or Agency:
1. Commit to participate in the program by an authorized signature in the
appropriate space below.
2. Designate a contact person for the cooperative.
( continued)
cc~~
CITY COUNCIL v, k= / AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
13
Resolution # :
R-OO-1625
Previous Action: None
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT:
Approving City Partnership in Transportation
Excellence for the 21 sl
Reading and Public Hearing
Backqround
Transportation Excellence for the 21st Century is a consortium of elected officials, appointed
managers, business people, and transportation planners who are working to find solutions to
the state's transportation challenges. The group has held a number of statewide meetings to
discuss transportation issues and develop a comprehensive program to address the growing
congestion on our highways. As they formalize their organization, they are asking local
governments to adopt resolutions in support of their efforts and formally join the coalition.
Attached is background information on this group.
Recommendation
Adopt Resolution R-QQ-1625.
~ ~~~.
CI~ GER~ 7
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
KIRK WATSOI\
MAYOR
OFFlCE OFTHE MAYOR
f't \ hl ,\ ,"
-'ll"1l'\ TE\,'; -, -, -
.... ~".:.:. ....
F-'I\ "::.;u,..:"-
...lft-. ..~.~;...\'" ~: ..U...il;~:' t;,
To: TEX-21 Partners
From: Kirk Watson
Mayor, City of Austin
RE: TEX-21 Meeting Friday, March 17th in Austin
It is my pleasure to host, along with the Austin-San Antonio Conidor Council and the Capital Area
Transportation Coalition, the TEX-21 statewide transportation coalition on Friday, March 1~, in
Austin. The meeting will take place at the City of Austin's Learning and Research Center located at
2800 Spirit of Texas Drive at Austin-Bergstrom International Airport (map attached). 1 am excited
about hosting such an organized, cooperative effort that is addressing the State's transportation
challenges. 1 invite you to join us for this important meeting.
Public officials and private businesspeople involved in the TEX-21 effort are coming to Austin from
all parts of Texas for the Friday, March 1 ~ TEX-21 meeting. The TEX-21 committees will meet
at 10:30 A.M. The committee meetings are open to all and you are invited to attend the
committee meeting of your choice. At 12:00 Noon, we will have a working lunch and begin the
plenary session which should last until 2:30 P.M.
F or the convenience of those flying to Austin for the meeting, a shuttle will run continuously every
ten minutes between the airport terminal and the Learning and Research Center. You can meet the
shuttle downstairs just outside the baggage claim area.
A block of rooms has been reserved at the La Quinta Inn, 4200 1-35 South. To take advantage of the
special rate of $85 for Thursday or Friday evening, call Phyliss, Source One Travel, 972-790-4466
or 800-527-5224 no later than February 29.
Also, be sure to mark your calendar for the next several TEX-21 meetings: April 14 in Lubbock, May
18-19 in Houston, and June 21-23 in Irving at the Texas Transportation Summit. This is an exciting
time as the TEX-21 conunittee process commences. Please join me on Friday, March 1 Th, to ensure
that your interests are represented in the statewide coalition for transportation improvement. Please
RSVP to Kris Heckmann at Dean International, 214-978-0123. 1 look forward to seeing you in
Austin.
Enclosure
The meeting was preceded with a tour of San Antonio's TransGuide f~cil.ity. Tran~Guide
is one of the nation's premier intelligent transportation systems that maXimizes the highway
capacity in San Antonio by monitoring the roads for congestion, accidents, and slowdov-:ns.
TransGuide also calculates drive times around the city. and provides feedback to motorists
telling them which is the quickest route to their destinati~n. More applicati?ns for
TransGuide are possible and are expected to be added In the future. DUring the
TransGuide tour approximately 5 coalition members met with the editorial board of the San
Antonio Express-News to talk about transportation infrastructure and the TEX-21 coalition.
The TEX-21 plenary session began with welcoming remarks by the host, San Antonio
Councilman and MPO Chair Tim Bannwolf. Councilman Bannwolf stated that the meeting
between TEX-21 officials and the San Antonio Express-News Editorial Board that morning
went well. He also urged everyone to expect nothing less than excellence in
transportation. Irving Councilwoman Linda Harper-Brown spoke next, recalling the history
of TEX-21 and stating that transportation affects everyone. David Dean then talked about
the proposed TEX-21 Committee Structure and invited everyone present to fill out a form
indicating which committee or action team they had an interest in serving on. Mr. Dean
spoke about how the committee process is a deliberative process that would determine the
coalition's positions eventually resulting in a legislative package for the 2001 Texas
Legislative Session. Each of the TEX-21 committees will strive to strike a balance of
representation from all regions of the state and both elected and non-elected officials. The
TEX-21 committees will meet at each of the scheduled TEX-21 meetings with an agenda
that incorporates each committee's areas of study (see attached committee structure). Mr.
Dean stated that at the next three TEX-21 meetings, the committees will decide a
substantial portion of the TEX-21 legislative package to be presented to the entire coalition
at the June 23rd TEX-21 meeting at the Texas Transportation Summit in Irving. After some
discussion of the proposed TEX-21 committee structure and process, both were adopted.
Bill Stockton, Associate Director of the Texas Transportation Institute (TT/) , gave an
informative presentation on Intelligent Transportation Systems (ITS). He highlighted the
different intelligenttransportation systems in Texas. According to TTI studies, TransGuide,
the ITS system in San Antonio, has resulted in an accident reduction rate of 15 percent.
This is attributable to the ability to warn motorists of accidents in their path and recommend
alternative routes. TTl's study concluded that ITS can help achieve a level of mobility that
would normally require more highway construction. Rob Harrison, Associate Director of
the CenterforTransportation Research gave a brief presentation on the role of educational
research institutions in transportation research. He stated because the geographic area
of Texas would make it one of the 20 largest countries in the world, Texas' outstanding
higher education research institutions need to play an important role in transportation
plan~ing. . Mr. Harrison said that research on everything from materials to systems
solutions IS conducted at Texas educational research institutions and is valuable to
transportation planners.
S~verallocal o~fic.ials made comments about the TEX-21 effort. Steve McCullough, Irving
City Manager, Invited everyone to the Texas Transportation Summit in Irving June 21-23.
V.A. Stephens from Lt. Govemor Perry's office reiterated Governor Perry's commitment
-2-
ATTENDANCE LIST FOR JANUARY 28, 2000 TEX-21 MEETING IN SAN ANTONIO
Morris E. Alexander
Roberto R. Alonzo
Jason Anderson
Marilyn Bayless
Reverend E. F. Bennett
John V. Blain, Jr., P.E., R.P.L.S.
K. Stephen Bonnette, P.E.
Christopher J. Brady
Alexander E. Briseno
J. Lee Brittain, CPA
Glen S. Brivic
Linda Harper-Brown
John C. Brunk, P.E.
Jim Campbell
Daniel Casillas
Bob N. Cass
Cynthia Collazzo
Richard H. Cron
Oscar Cuellar, Jr.
Sam Dawson
David A. Dean
Horacio De Leon, Jr.
Gregory W. Dickens, P.E.
Cindy Ellison
W.H. (Bill) England
Scott R. Ericksen
Bennett R. Feinsilber, P ,E.
Les Findeisen
Garland C. Galm, P.E.
John L. German, P.E.
John P. Gianotti, P .E.
Roy Gilyard
Sandy Greyson
Jackson Hanks
Robert Harrison
Kris Heckmann
Gene Hernandez
Rose Hernandez
Robert T. Herrera
Caldwell County Commissioner, Precinct 1
Board Member, Dallas Area Rapid Transit (DART) Board
Policy Analyst, Senate Committee on Intergovernmental
Relations
Executive Director, Texas PTA
Police Chaplain, City of Corpus Christi
Senior Transportation Consultant, Dean International, Inc.
Vice President, Pape-Dawson Engineers, Inc.
Assistant to the City Manager, City of San Antonio
City Manager, City of San Antonio
Assistant City Manager, City of Nacogdoches
City Councilman Tim Bannwolf, District 9
Councilwoman, City of Irving
Assistant Director of Planning, City of Dallas
Director of Intergovernmental Affairs, City of San Antonio
Community Relations Coordinator, VIA Metropolitan Transit
City Manager, City of Lubbock
Assistant City Manager, City of Laredo
Legislative Coordinator, Harris County
Executive Director, Pharr Economic Development
Corporation
Pape-Dawson Engineers, Inc.
Chief Executive Officer, Dean International, Inc.
Assistant City Manager, City of Laredo
Public Works Director, City of North Richland Hills
Legislative Aide, State Senator Judith Zaffirini
Owner, All England Marketing Management
Public Involvement Coordinator, Metropolitan Planning Org.
Brontexi Corporation, Inc.
Director of Policy, Texas Motor Transportation Association
(TMTA)
Project Engineer, Civil Engineering Consultants, Don
Durden, Inc.
Director of Public Works, City of San Antonio
Project Manager, HNTB Architects Engineers Planners
Interim Director, Department of Planning, Research and
Development, City of EI Paso
Councilwoman, City of Dallas
Chairman, Highway 79
Associate Director, Center for Transportation Research
Public Policy Consultant, Dean International, Inc.
Facility and Property Management, Harris County Board
Director of Intragovemmental Affairs, Harris County
City Manager, City of La Porte
Page 1 of 3
Rick Sheldon
Grady W. Smithey, Jr.
Judy K. Smithey
Curtis Snow
Susan C. Stasny
V. A. Stephens
William R. Stockton, P.E.
Sandra Stinson Stout
Vic Suhm
Richard E. Tankerson
Chip Vansteenberg
Rocky Vaz
Carlos D. Vigil
Victoria J. Waddy
Charles Walper
Mark S. Watson
Carri Baker Wells
Matthew F. Van Wicklen, P.E.
J. C. Wood Jr., P.E.
H. T. Wright
Rick Sheldon Real Estate
Councilman, City of Duncanville
Public Policy Consultant, Dean International, Inc.
City Manager, City of Palestine
Bee County Commissioner
Special Assistant, Lt. Govemor Rick Perry
Assistant Agency Director, Texas Transportation Institute
Assistant Director of Public Works, City of San Antonio
Consultant, North Texas Commission
Board Chairman, VIA Metropolitan Transit
Director of Finance, City of Conroe
Intergovemmental Services, City of Dallas
Community Development Director, City of Gainesville
Director of Govemment Relations, H,B. Zachry Company
Bridge Director, Pharr Reynosa International Bridge
City Manager, City of Temple
Director of Public Relations, Heard Linegarger Graham
Goggan Blair Peiia & Sampson, LLP
Transportation Division Manager, Civil Engineering
Consultants, Don Durden, Inc.
Public Services Manager, City of Bedford
Caldwell County County Judge
Page 3 of 3
TEX-21 Committee Assionments -In Process
Committee on Intermodal TransDortation and NAFTA Corridors
Robert Eckels - Co Chair
Bennet R. Feinsilber, P.E. - President, Brontexi Corporation
Tommy Gonzalez - Managing Director, Ports to Plains Coalition
Rob Harrison - Associate Director, Center for Transportation Research
Robert Herrera - City Manager, City of La Porte
Donze Lopez - VP of Govemmental Affairs, San Antonio Chamber of Commerce
Stan Lynch - VP of Development, Cousins Stone, Inc.
Ross Milloy - President, Austin - San Antonio Corridor Council
Curtis Snow - City Manager, City of Palestine
Susan C. Stasney - County Commissioner, Bee County
Sandra Stinson Stout, Assistant Director of Public Works, City of San Antonio
Committee on Transportation Funding
Carroll G. Robinson - Co Chair
Roberto Alonzo - Board Member, Dallas Area Rapid Transit
Bob Cass - City Manager, City of Lubbock
John German - Director of Public Works, City of San Antonio
Sandy Greyson - Councilwoman, City of Dallas
Dave Johnson - Manager of Surface Transportation, URS Greiner Woodward Clyde
Ken Mayfield - County Commissioner, Dallas County
Bob McKelvey - Mayor, City of Palestine
Emil Moncivais - Director of Planning, City of San Antonio
AI Notzon - Executive Director, Alamo Area COG
Grady Smithey - Councilman, City of Duncanville
Vic Suhm - Consultant, North Texas Commission
Richard Tankerson - Chairman, VIA Metropolitan Transit Authority
.
Subcommittee on Need Aggregation
Vic Suhm - Chair
Bob Cass
AI J. Notzon, III
Committee on Air Quality. Roadwav Safety. Desion. and Construction Standards
Kathy Seei - Co Chair
Presi Ortega - Mayor Pro Temp, City of EI Paso
Sill England - Member, San Antonio I Bexar County MPO
Richard W. Kistner - RASA Kistner Consultants
Michael A. Martin - County Engineer, Bexar County
John Morrison - Division Manager, PBS&J
Randy Neugebauer - Chairman, Ports to Plains Corridor
Thomas Wendorf - Assistant Director of Public Works, City of San Antonio
Transportation Excellence for the 21st Century
TEX-21 Response Form
Please complete and fax this form to Dean International at 214-978-0124 to indicate your
attendance at the March 17th TEX-21 meeting in Austin. All committee meetings will begin
at 10:30 A.M. and are open anyone who wishes to attend and participate. If you have
questions please contact Kris Heckmann at 214-978-0123.
Name:
Title:
Organization:
Address:
Phone/fax:
E-Mail Address:
YES, I will attend the TEX-21 lunch and meeting from Noon to
2:30 P.M. on Friday, March 17th in Austin.
I will attend the following committee meeting at 10:30 A.M. on March 17th in Austin:
Committee on Intermodal Transportation and NAFT A Corridors
Committee on Transportation Funding
Subcommittee on Need Aggregation
Committee on Air Quality, Roadway Safety, Design, and Construction
Standards
Please complete and fax this form to Dean International at 214-978-0124.
Reproduce and circulate this form as needed. Thank you.
Resolution R-OQ-1625
Page 2 of 3
WHEREAS, Transportation Excellence for the 21st Century (TEX-21) is a
comprehensive strategy to address multi-modal transportation
funding and air quality solutions to improve mobility, public safety,
economic vitality and quality of life; and
WHEREAS, to accomplish this result, public and private sector leaders at the
local level must come together in collaboration with regional and
state officials and agree on a common agenda and objectives.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1
Sec. 2
Sec. 3
Sec. 4
Sec. 5
THAT the Colleyville City Council supports the development of a
comprehensive transportation funding solution as a top priority for
the 77th Texas Legislature
THAT any effort to increase transportation funding must also
address safety and air quality concerns so that the quality of life and
economic vitality of Texas are not threatened
THAT the City of Colleyville will be a part of the "TEX-21" effort,
working with public and private sector partners in a coordinated
statewide effort that employs a comprehensive internal and external
communications strategy, enlisting the support of all stakeholders to
find a comprehensive solution
THAT an official copy of this Resolution be prepared and presented
to the legislative and state leadership that represents our City's
constituents
THAT the City Council agrees that continued dialogue and regular
meetings must be a part of defining the solution and implementing
action plans, and supports convening the Third Annual Texas
Transportation Summit to be held in June 2000
AND IT IS SO RESOLVED.
cc~~
CITY COUNCIL \J\ ~ I AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
14
Resolution # :
R-OD-1626
Previous Action: None
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT:
Waiving perimeter street fees for Barbara Gordon
Montessori School.
Reading and Public Hearing
Backqround
The City is acquiring right-of-way for the improvement of Hall-Johnson Road. The Board of
Directors of the Barbara Gordon Montessori School, by the attached letter, has agreed to
donate the right-of-way needed from their property if the City is willing to waive any future
perimeter street fees. The City cannot levy these fees until the school submits a plat for their
property. If the improvements to Hall-Johnson Road and Bluebonnet Drive are completed prior
to plating, the school would not be liable for any perimeter street fees. Correspondence
regarding this matter is attached.
Recommendation
Adopt Resolution R-QQ-1626.
~~~
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
RESOLUTION R-oO-1626
A RESOLUTION WAIVING PERIMETER STREET FEES FOR THE
BARBARA GORDON MONTESSORI SCHOOL
WHEREAS, the City wishes to acquire property trom the Barbara Gordon
Montessori School tor the Hall-Johnson Road improvement project;
and
WHEREAS, representatives at the school are willing to donate this right-at-way
to the City at Colleyville and forgive any damages to the landscaping
and other improvements within the right-at-way in return tor a waiver
at perimeter street tees that may be levied at a tuture date when the
property is platted.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1
THAT the perimeter street tees that may be due from the Barbara
Gordon Montessori School tor both Hall-Johnson Road and
Bluebonnet Drive are waived.
AND IT IS SO RESOLVED.
Passed by a vote of
day at
ayes,
nays, and
,2000.
abstentions at this
ATTEST:
CITY OF COLLEYVILLE
Jean Harris, TRMC, CMC
City Secretary
Donna Arp
Mayor
cc~~
CITY COUNCIL Too; AGENDA BRIEFING
For mta. : 3/21/00 CMO Approval:
Item#:
15
Resolution # :
R-OO-1627
Previous Action: None
DEPT. :
FINANCE
SUBJECT:
Authorizing Issuance of $2,140,000 of Colleyville
Economic Development Sales Tax Revenue
Bonds
Reading and Public Hearing
Backqround
On March 21st the Colleyville Economic Development Corporation is proposing to sell
$2,140,000 of Sales Tax Revenue bonds. At the meeting of the Board of Directors on
March 21st, the Board will be presented the results of the negotiated sale for their
approval. After the Board meeting, the Council will be provided with results of the sale
prior to the March 21st meeting, so that they may ratify the Board's action by resolution
at the Council meeting.
Recommendation
Approval of Resolution R-00-1627.
~&b-~fIl/1
CIT; Pi. ER
( ~/(/'()jf.t2A-!-
d~PART~ D
I
FINANCIAL REVIEW (IF NECESSARY)
Section 2: The approvals herein given are in accordance with Section 25(f) of the Act
and the Bylaws of the Issuer, and the Bonds shall never be construed an indebtedness or
pledge of the City, or the State of Texas (the "State"), within the meaning of any constitutional or
statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of any
funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to
Section 4B of the Act) or any other revenues of the Issuer, the City, or the State, except those
revenues assigned and pledged by the Issuer Resolution.
Section 3: The City hereby agrees to promptly collect and remit to the Issuer the
Gross Sales Tax Revenues (as defined in the Issuer Resolution) in accordance with the terms
of the Issuer Resolution and the Act to provide for the prompt payment of the Bonds, and to
assist and cooperate with the Issuer in the enforcement and collection of sales and use taxes
imposed on behalf of the Issuer.
Section 4: The Financing/Use Agreement by and between the City and the Issuer in
relation to the Project, attached hereto as Exhibit A and incorporated by reference as a part of
this resolution for all purposes, with respect to the obligations of the City and Issuer during the
time the Bonds are outstanding, is hereby approved as to form and substance, and the Mayor
and the City Secretary are hereby authorized to execute and deliver such agreement for and
on behalf of the City and as the act and deed of this City Council. Furthermore, the Mayor and
the City Secretary and the other officers of the City are hereby authorized, jointly and
severally, to execute and deliver such endorsements, instruments, certificates, documents, or
papers necessary and advisable to carry out the intent and purposes of this Resolution.
Section 5: The City hereby acknowledges and recognizes that the Bonds are being
issued as tax exempt obligations under and pursuant to section 103(a) of the Code (as defined
below) and the proceeds of sale of such Bonds are to be deposited with the City following their
receipt by the Issuer and the City shall have full control and responsibility with respect to the
construction of the Project and the investment and disbursement of the proceeds of sale of the
Bonds. Therefore, as a result of the foregoing, the City hereby makes the following
representations and warranties to the Issuer:
(a)
meanings:
Definitions. When used in this Section, the following terms have the following
"Closing Date" means the date on which the Bonds are first
authenticated and delivered to the initial purchasers against payment therefor.
COLLEYVILLE EDC 2000 CITY RESOLUTION
(c) No Private Use or Private Payments. Except as permitted by section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Bonds:
(1) exclusively own, operate and possess all property the
acquisition, construction or improvement of which is to be financed or
refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use
or permit the use of such Gross Proceeds (including all contractual
arrangements with terms different than those applicable to the general public)
or any property acquired, constructed or improved with such Gross Proceeds in
any activity carried on by any person or entity (including the United States or
any agency, department and instrumentality thereof) other than a state or local
government, unless such use is solely as a member of the general public; and
(2) not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
Bonds or any property the acquisition, construction or improvement of which is
to be financed or refinanced directly or indirectly with such Gross Proceeds,
other than taxes of general application within the City or interest earned on
investments acquired with such Gross Proceeds pending application for their
intended purposes.
(d) No Private Loan. Except to the extent permitted by section 141 of the Code
and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the
Bonds to make or finance loans to any person or entity other than a state or local government.
For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned"
to a person or entity if: (1) property acquired, constructed or improved with such Gross
Proceeds is sold or leased to such person or entity in a transaction which creates a debt for
federal income tax purposes; (2) capacity in or service from such property is committed to
such person or entity under a take-or-pay, output or similar contract or arrangement; or (3)
indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any
property acquired, constructed or improved with such Gross Proceeds are otherwise
transferred in a transaction which is the economic equivalent of a loan.
(e) Not to Invest at Hiaher Yield. Except to the extent permitted by section 148 of
the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the
final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any
Investment (or use Gross Proceeds to replace money so invested), if as a result of such
investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds
(or with money replaced thereby), whether then held or previously disposed of, exceeds the
Yield of the Bonds.
COLLEYVILLE EDe 2000 CITY RESOLUTION
Section 6: In regard to the policies and procedures that may apply to the Board of
Directors of the Issuer with respect to the passage and adoption of resolutions, the City
ratifies, confirms and approves the Board's authority to waive any requirement that resolutions
be read in their entirety before adoption by the Board, and the procedure followed by the
Board of Directors in the adoption of the Issuer Resolution in reading the caption thereof prior
to its passage is hereby approved, ratified and confirmed in all respects as being in conformity
with the policies and procedures approved by this Council.
Section 7: It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by V.T.C.A., Government Code, Chapter 551, as amended.
Section 8: This Resolution shall be in force and effect from and after its passage
on the date shown below.
AND IT IS SO RESOLVED.
Passed by a vote of
the 21st day of March 2000.
ayes,
nays, and
abstentions on this
CITY OF COLLEYVILLE
Donna Arp
Mayor
ATTEST:
Jean Harris, TRMC, CMC
City Secretary
(City Seal)
COLLEYVILLE EDC 2000 CITY RESOLUTION
"Closing Date" means the date on which the Bonds are first authenticated
and delivered to the initial purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
"Computation Date" has the meaning set forth in Section 1.148-1 (b) of the
Regulations.
"Gross Proceeds" means any proceeds as defined in Section 1.148-1 (b)
of the Regulations, and any replacement proceeds as defined in Section
1.148-1 (c) of the Regulations, of the Bonds.
"Investment" has the meaning set forth in Section 1.148-1 (b) of the
Regulations.
"Nonpurpose Investment" means any investment property, as defined in
section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested
and which is not acquired to carry out the governmental purposes of the Bonds.
"Rebate Amount" has the meaning set forth in Section 1.148-1 (b) of the
Regulations.
"Regulations" means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 1 03 of the Internal Revenue Code of 1954, which are applicable to the
Bonds. Any reference to any specific Regulation shall also mean, as
appropriate, any proposed, temporary or final Income Tax Regulation designed
to supplement, amend or replace the specific Regulation referenced.
"Yield" of (1) any Investment has the meaning set forth in Section 1.148-
5 of the Regulations and (2) the Bonds has the meaning set forth in Section
1.148-4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross
Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any
Bond to become includable in the gross income, as defined in section 61 of the Code, of the
owner thereof for federal income tax purposes. Without limiting the generality of the foregoing,
unless and until the City receives a written opinion of counsel nationally recognized in the field
of municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on any Bond, the City shall comply
with each of the specific covenants in this Section.
(c) No Private Use or Private Payments. Except as permitted by section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Bonds:
COLLEYVILLE EDC 2000 FINANCING USE
(f) Not Federallv Guaranteed. Except to the extent permitted by section 149(b) of
the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed within the meaning of section
149(b) of the Code and the Regulations and rulings thereunder.
(g) Payment of Rebatable Arbitraae. Except to the extent otherwise provided in
section 148(f) of the Code and the Regulations and rulings thereunder:
(1) The City shall account for all Gross Proceeds (including all receipts,
expenditures and investments thereof) on its books of account separately and
apart from all other funds (and receipts, expenditures and investments thereof)
and shall retain all records of accounting for at least six years after the day on
which the last Outstanding Bond is discharged. However, to the extent permitted
by law, the City may commingle Gross Proceeds of the Bonds with other money
of the City, provided that the City separately accounts for each receipt and
expenditure of Gross Proceeds and the obligations acquired therewith.
(2) Not less frequently than each Computation Date, the City shall
calculate the Rebate Amount in accordance with rules set forth in section 148(f)
of the Code and the Regulations and rulings thereunder. The City shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Bonds until six years after the final Computation Date.
(3) As additional consideration for the purchase of the Bonds by the
Purchasers and the use of the money represented thereby and in order to induce
such purchase by measures designed to insure the excludability of the interest
thereon from the gross income of the owners thereof for federal income tax
purposes, the City shall remit to the Corporation for payment to the United States
the amount described in paragraph (g)(2) above and the amount described in
paragraph (g)(4) below, at the times, in the manner and accompanied by such
forms or other information as is or may be required by Section 148(f) of the Code
and the Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to assure that no errors
are made in the calculations and payments required by paragraph (g)(2), and if
an error is made, to discover and promptly correct such error within a reasonable
amount of time thereafter (and in all events within one hundred eighty (180) days
after discovery of the error), including the amount remitted to the Corporation for
payment to the United States of any additional Rebate Amount owed to it,
interest thereon, and any penalty imposed under Section 1.148-3(h) of the
Regulations.
COLLEYVILLE EDC 2000 FINANCING USE
11. Captions. The section headings appearing in this Agreement are for
convenience of reference only and are not intended, to any extent and for any purpose. to limit
or define the text of any section or any subsection hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective as of the date and year first above written.
COLLEYVILLE ECONOMIC DEVELOPMENT
CORPORATION
President, Board of Directors
ATTEST:
Secretary
(Corporation Seal)
CITY OF COLLEYVILLE, TEXAS
ATTEST:
Mayor
City Secretary
(City Seal)
COLLEYVILLE EDC 2000 FINANCING USE
rc~~
CITY COUNCIL ~\ k I AGENDA BRIEFING
For mtg. : 3/21/2000 CMO Approval:
Item # :
16
Resolution # :
R-OO-1619
Previous Action: TABLED
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT:
Appointing members to the Colleyville Library
Advisory Committee
Reading and Public Hearing
BackQround
This item was TABLED at the March 7, City Council meeting to provide an opportunity
to advertise for citizens interested in serving on the Colleyville Library Advisory
Committee and interview applicants, as necessary.
Reading and Public Hearing
BackQround
In October 1998, the City Council established the Colleyville Library Task Force with the
following responsibilities: 1) to review and make recommendations to the City Council
on issues related to the location, construction and operation of library services; and 2) to
provide the Council with a written report of the Task Force's recommendation for future
plans for library services.
(continued)
~&&.s~
CITY 'A R , tI
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
RESOLUTION R-OO-1619
A RESOLUTION REPLACING RESOLUTION R-98-1424 AND APPOINTING A
COLLEYVILLE LIBRARY ADVISORY COMMITTEE
WHEREAS, the City of Colleyville desires to continue its efforts for the design and
construction of the Colleyville Public Library;
WHEREAS, the City Council is committed to involving citizens in the development
of the Colleyville Public Library.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Colleyville Library Advisory Committee is hereby
established.
Sec. 2.
THAT the Colleyville Library Advisory Committee membership be
established by the City Council with a City Manager's Office
designated staff liaison.
Sec. 3.
THAT the Colleyville Library Advisory Committee responsibilities are:
a) to review and make recommendations to the City Council on
issues related to the programming needs of the Colleyville
Public Library and to assist with the identification of
programming goals.
b) to review and make recommendations to the City Council on
the architectural design and construction of the Colleyville
Public Library.
Sec. 4.
THAT the following persons are hereby appointed to the Library
Advisory Committee to serve two-year terms:
Sec. 5.
THAT the following persons are hereby appointed to the Library
Advisory Committee to serve one-year terms:
f7'\J~~
~~~
CITY COUNCIL 70':' AGENDA BRIEFING
For mtg. : 03-21-2000 CMO Approval:
Item # :
17
Report : I
Previous Action: N/A
DEPT. :
FINANCE
SUBJECT:
Monthly Financial Report - February 2000
General Fund
Current year tax collections exceeded 95% of the roll for the prime collection period and
are tracking to exceed 99% of the roll by fiscal year end. Sales tax revenue received in
February was below ($19,950 I 8.94%) the amount received in 1999. The TU Electric
franchise payment was slightly below the budget due to the warm winter conditions.
Residential permits are up by sixteen over February 1999 and are now up by thirty-two
for the year-to-date. Municipal Court revenues are up due to greater citations issued
during all months of the fiscal year. The average amount expended by the departments
at the end of February is 34.5%.
Utility Fund
Water sales and usage are higher than the prior year due to the heat and drought
conditions we experienced this fall. Building related installations are up due to greater
activity. Penalty revenues are up due to larger bills, and customers paying later than
usual during this fiscal year. Interest income is down due to timing of maturities and
interest earnings from the 1998 Revenue Bonds. The average amount expended by the
Utility Fund at the end of February is 34.1 %.
t7d:NAGER ~A~
m:PAR~D
FINANCIAL REVIEW (IF NECESSARY
MONTHLY FINANCIAL REPORT - FEBRUARY 2000
Current Taxes
Delinquent Taxes
Penalty & Interest
$4.369.195
30.500
28.100
$3.682,604
17.218
6,119
$4,247,642
16,695
8,528
$4,133,345
21,435
8,597
TOTALADVAlOREMTAX€S
...---......--.-.......--..-,.....,-.,.--...--.. .
..........................,......--.,--... --..........
....$4~4???1'? i
.....$~.105.94J.....
...'..,.-.......,............-.... .......................,..... .._--. ...
.....,-,-.._---...,.............._-.. .....'.".......---.............--.
(?)~{?7g~~ji :;~.:r::yA$~~~:!Si~:(~:j:[ '):
PERCENT
CHANGE
15.34%
.3.04%
39.37%
15.30%
TU Electric $665,000 $656,715 $0 $0 0.00%
Tri.County Electric 27,885 0 0 26.061 100.00%
Lone Star Gas 147,000 0 0 0 0.00%
Southwestern Bell 153,693 76.762 76,847 32,699 134.75%
General Telephone 18,296 11,074 9.148 8.834 25.36%
Refuse 79,206 27,938 26,402 31.518 .11.36%
Cable TV 99,000 56,776 49,500 49,131 15.56%
., ...,....._....._....-.....'.........-.-.-._...-_._-....,.,..-----.-_..'.-...:-..:.-.....'.'..,..'..,....'....'.'." .,.....,.,..-....-'.......--.-.....-.............-...........,.,.....-..-..-.........-...-.-...-.....-..'..,.............. ........,..'.',....-.-.-...-,-.........-.._._'......................... .........,....,.-........'..........---..,.,-. .............,,-- .._-.-,.. ,. ,.
TO't;'\t.!FfY\NCf-!{$E'tAxES........ ..............)......)...........)...........$~;~~9,~9. ..)............~2.9i?~S ...n.........$~9~~~~?'... ........................$1.48.2.43.... ............ ... . ..459.40%
Sales Tax
Mixed Beverage Tax
$1,901,848
22.000
$642,380
8,276
$721,083
11,000
$630,903
10,503
.........................~~.5.^:.f5...:.f...... .}.........jf.~~6.0...8....;.... ......................$:.f)iil.......:ij.nf.....
.........................~l;1..~;~* ...~{BfL<.pi~..~.
Building
Plumbing
Electrical
City license
Building Plan Review Fee
New Business
Animal
Sign Permit
Fence Permit
Fire Permits
$520,000 $369,226 $209,708 $181,237
101.000 56,440 40,725 37,152
91,000 45,246 36,693 35.404
40,000 17,960 16,128 16,105
57,000 76.362 22,983 2,025
1.000 505 402 380
1.510 224 607 345
2,900 1,260 1,169 1,135
3,000 1.626 1,206 1.030
225 325 90 50
..'...--."......---.....,................--..
TOTAtI..ICE.NSES&PERM:ITS...
1.82%
-21.20%
103.73%
51.92%
27.80%
11. 52%
3670.96%
32.89%
.35.07%
11.01 %
57.86%
550.00%
...-........,....',.,..........................-...._..-..........,........'.'.........._... ......-.....-.....'...................'........,._......................-..... .....,.-:....-:..,....--.,..'..,.....,.---.....,..',......',....'.. ..'....-.......,..'.....'.'........--.:-:..---'-.-.-.-..','.'.-, .,....
.......................................$a~?"9~!)..?................~~~;$74.. .... ...............i$~?~~7~W.y.$?i4,~~ ..V.......n.....$97:J.l$$
Fines
False Alarms
$424,091
7,320
$198,671
3,000
$176,705
3,050
$156,219
3.650
<$17$;755 <> . $159.~9<
27.17%
-17.81 %
MONTHL Y FINANCIAL REPORT - FEBRUARY 2000
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
2/29/00 2/28/99 (DECREASE) (DECREASE)
% OF CURRENT TAX ROLL COLLECTED 95.26% 94.52% 0.74% 0.78%
RESIDENTIAL BLDG PERMITS 101 69 32 46.38%
COMMERCIAL BLDG PERMITS 6 7 (1) .14.29%
PLUMBING PERMITS 415 284 131 46.13%
ELECTRICAL PERMITS 243 171 72 42.11%
CITATIONS ISSUED 4,024 2,916 1,108 38.00%
CITATIONS APPEALED 60 50 10 20.00%
City Council and Secretary
City Manager
Fi nance
Legal
Economic Development
Engineering
Building Inspection
Community Development
Fire
Police
Parks
Recreation
Commumity Center
Streets & Drainage
Municipal Court
Fleet Maintenance
Merit Pool
Compensation Study
TQTAL.E.XPENSES....
$200,233
468,341
426,710
100,000
144,470
566,335
270,025
354,281
2,150,173
2,294,165
894,522
151,548
241,890
1,312,167
109,892
118,505
80,000
223,326
....--...-...................--...
._---,_..,.--,...
'_"d.._ _._ _..__........ _..
........- -" ..... -- . .. .
$J.xhlPEij5~3.
$80,997
169,221
178,046
58,304
52,379
224,997
95,977
133,073
807,108
880,470
237,138
34,911
81,388
347,156
47,556
60,510
o
o
."........"......'.-.....'.
.,-.... ..-... ----.-.,-,....,.
....$. ..,:!..;A'06Z.S.'"
>>\", :.~:~~#k- .::' :~}
$83,437
172,076
176,544
60,000
56,940
234,078
94,858
135,803
813,693
893,355
237,319
35,628
81,886
366,193
48,705
59,547
o
o
:-:-:-.:-:.>.'.,.....:.:.::.'>:>:-.,::..>:::-::...':-.-:-:-..:::::-:.:.::.:-:::.
..................$;'3;~aOjQf:iCl....
.. . ...-......-...-.. .-----,..,.--....
40.5%
36.1%
41.7%
58.3%
36.3%
39.7%
35.5%
37.6%
37.5%
38.4%
26.5%
23.0%
33.6%
26.5%
43.3%
51.1%
0.0%
$119,236
299,120
248,664
41,696
92,091
341,338
174,048
221,208
1,343,065
1,413,695
657,384
116,637
160,502
965,011
62,336
57,995
80,000
223,326
..........................-.-.... .
<<$e;617;352
.. MC+JTHL Y FINANCIAL REPORT - FEBRUARY 2000
Re.zoning $10.506 $6,500 $5,800 $5,617
Plat Fee/Site Plan 10,000 6,453 4,400 7,020
Board of Adjustment 2,500 750 625 625
Sale of Material 3,000 1.545 1,042 458
Weed Mowing 7,500 435 400 3,420
Animal Impoundment 3.250 2,085 1,354 1.231
Ambulance 62,400 28,228 26,000 28,393
Recreation Program 57,775 11.197 11,000 3,437
Non.Resident Fee Parks 16,000 9,720 8,000 6,970
Field Use Charge 29,430 5.915 6,750 10,012
Engineering & Inspection 75,000 84,554 38,000 37,283
Chgs & Reimbursements 8,000 10,830 4.500 1,196
Commumity Center Rental 151,000 74,764 62,917 53,604
Lot Drainage Insp Fee 25,000 13,500 11 ,458 9,125
,--_................ ...-:.....:-........,.,..........................':......._....-...-.-.._....._._..,.......,.....,..-.-......... .,'.....<...,.,........-,...,-,-,,-,_.,-:..',.,...,....-:..<-....:-..:... .......... ........,.-....-................. ......,.....'..,._........-',....--.-.'...'.'.',.. --.
TQTAL...Qf-lARG;:$...FQR$:~J'~YIG~ ..HH....iH............:...:$4$lW$.~J: .....i...........~~?9M~7p. ....... i...i$J,~i.;?,i~.. ..... ......:............$168,391... ......
DARE Officer Reimb
COPS FAST Grant
$57,750
25,000
$0
o
$0
o
$0
o
....-.-..--.. - -- -.,..-,-.--. ."..............................-........................
..-............................--..................-....-.
TOTAL...INTERGQV'E~NMENTAL ..............+......H.:...HH>/$~?;%?q
Sale of Surplus Property
Interest Income
Miscellaneous
Tower Rental
$10,000
296,500
13,260
69.925
$0
20.515
7,302
21.290
$0
18,000
6,725
19.514
$16,328
35,339
4,129
19.836
Transfer from Utility Fd
$382.817
$0
$0
$0
PERCENT
CHANGE
15.72%
-8.08%
20.00%
237.34%
.87.28%
69.37%
.0.58%
225.78%
39.45%
.40.92%
126.79%
805.52%
39.47%
47.95%
52.31%
0.00%
0.00%
100.00%
-41.95%
76.85%
7.33%
0.00%
TOTAL..GEM;:RAt..FIJN'tJij~~f4P~$,.}.$~Q;loj';~a2...... ..............$6~829,21<i>> ..}$$;Z,S:3iSd6.... ..............$5,1.74W345................. . ........ ......31:98%
.,..............".- -- -- ,....... '" , ,.
.."..".." ,.. - - ,,- .... ".
.$2;584;19.9)>'.. '>1~.14%
MONTHLY FINANCIAL REPORT - FEBRUARY 2000
Water Sales $4,868,869 $2,143,414 $1,669,696 $1,730.758
Sewer Sales 1,606,264 751,141 669,277 619.310
Sewer Installation 22,000 11,500 9,167 9.577
Water Installation 61,600 29,710 25,667 26,816
Sewer Tie.on Charges 45,000 16,981 18,750 16.516
Engineering Charges 25,000 32,355 10,417 13.685
Penalties 145,690 74,319 60,704 63,767
Miscellaneous 7,500 4,877 3,125 8,146
....,.."...........--........ ....... ............................ ,,"... - ..... .. .. .., . - - .
.. --..- ,..,-- ..,...,. .... ,."............,.....,..,. ,. ......-. .... ....."..-.....,...'.---.... -- -- -. ........,...,........,...,. ,. ----.., -....
TOTAL OPERATING INCOME ...<...i................+$~.7~11~~~. ......).....~,9~;?~~.. .....H...$?;4?e;ao~t. ............... .....:$?,4S8,S7p....
Interest Income
$245,000
$14,629
$95,624
$16,000
TOTALNON.OPERATINGtNCOtv1E'. . ..$245000 .
TOTALJNcQlde....... . ........i:::i:;:;~\;~;~;:.il:;:
.-". - --.......
.....~~~;62~
... .......... ..............1
.--.-....-..-.-......,...... ....
....".... ... -"..............
.. . .. .......
.-. .. .. ..
~?iP?'~f~?P:
.."..... ......
.$16WOOO .. '.
.. ..".... ....."....
lll;~;I~~iJl
$95,624
PERCENT
CHANGE
23.84%
21.29%
20.08%
10.79%
2.82%
136.43%
16.55%
.40.13%
23.13%
.84.70%
-84.70%
THROUGH
2/29/00
TOTAL
INCREASE
(DECREASE)
THROUGH
2/28/99
GALLONS OF WATER SOLD
741,658,700 590,628,550
151,030,150
NUMBER OF WATER CUSTOMERS
7,146 6,908
238
3.45%
PERCENT
INCREASE
(DECREASE)
25.57%
Administration $152,529 $58,536 $60,144 38.38% $93,993
Billing 135,796 59,281 59,936 43.65% 76,515
Operations 4,810,927 1,375,658 1,381,948 28.59% 3,435,269
Debt Service 1,097,761 771,775 771,775 70.30% 325,986
Merit Pool 22,000 0 0 0.00% 22,000
Compensation Study 41,628 0 0 0.00% 41 ,628
Transfer to General Fund 382,817 0 0 0.00% 382,817
.... - ... """" ........ ...-...........
TOTAl..$XPEiN$[$.............. ...........................................<..........................~;11~1ilJ .......$?;g~~*g~q .............$g;?Z~;~q~........... ........//..U......;lJlQi..... <..$4;378;208...:
(Q~~
CITY COUNCIL 7<,:' AGENDA BRIEFING
For mtg. : 03-21-2000 CMO Approval:
Item # :
17
Report :
Previous Action: N/A
DEPT. :
FINANCE
SUBJECT:
Monthly Financial Report - February 2000
General Fund
Current year tax collections exceeded 95% of the roll for the prime collection period and
are tracking to exceed 99% of the roll by fiscal year end. Sales tax revenue received in
February was below ($19,950 I 8.94%) the amount received in 1999. The TU Electric
franchise payment was slightly below the budget due to the warm winter conditions.
Residential permits are up by sixteen over February 1999 and are now up by thirty-two
for the year-to-date. Municipal Court revenues are up due to greater citations issued
during all months of the fiscal year. The average amount expended by the departments
at the end of February is 34.5%.
Utility Fund
Water sales and usage are higher than the prior year due to the heat and drought
conditions we experienced this fall. Building related installations are up due to greater
activity. Penalty revenues are up due to larger bills, and customers paying later than
usual during this fiscal year. Interest income is down due to timing of maturities and
interest earnings from the 1998 Revenue Bonds. The average amount expended by the
Utility Fund at the end of February is 34.1 %.
t7d:NAGER f.I~
~PAR~D
FINANCIAL REVIEW (IF NECESSARY
MONTHLY FINANCIAL REPORT - FEBRUARY 2000
Re.zoning $10,506 $6,500 $5,800 $5,617 15.72%
Plat Fee/Site Plan 10,000 6,453 4,400 7,020 .8.08%
Board of Adjustment 2,500 750 625 625 20.00%
Sale of Material 3,000 1,545 1,042 458 237.34%
Weed Mowing 7,500 435 400 3,420 .87.28%
Animal Impoundment 3,250 2,085 1,354 1.231 69.37%
Ambulance 62,400 28,228 26,000 28,393 .0.58%
Recreation Program 57,775 11,197 11,000 3,437 225.78%
Non.Resldent Fee Parks 16,000 9,720 8,000 6,970 3945%
Field Use Charge 29,430 5,915 6,750 10,012 .40.92%
Engineering & Inspection 75,000 84,554 38,000 37,283 126.79%
Chgs & Reimbursements 8,000 10,830 4,500 1,196 805.52%
Commumity Center Rental 151,000 74,764 62,917 53,604 39.47%
Lot Drainage Insp Fee 25,000 13,500 11,458 9,125 47.95%
.. ....."..-......... .............. ......................................
T@'IAL.QH}\RGE:$F9R$~RV!Gg...? ...i....?..................$4~~;~~;.... ....
...........-..-... ................. ...-...........-.........-............-.-..-.-....-.
.......,.....,.....-....."......... ............-.--............-.....
:~::~i:~;:~i:~::~j:$4?i:~479::j:~ [::: ::~::~::::;~::~;:~~[$f~g~~?+1p[jj
...................'.........."...........
..............?.......$~E)$,$~1....
.. ..... ..-........."...-.........
DARE Officer Reimb
COPS FAST Grant
$57,750
25,000
$0
o
$0
o
$0
o
0.00%
0.00%
Sale of Surplus Property $10,000 $0 $0 $16,328 100.00%
I nterest Income 296,500 20,515 18,000 35,339 .41.95%
Miscellaneous 13,260 7,302 6,725 4,129 76.85%
Tower Rental 69,925 21,290 19,514 19,836 7.33%
Transfer from Utility Fd
$382,817
$0
$0
$0
0.00%
TQTAL..G:gNJ;aAbFIJNDREVEMq~st:{:$).p,J.P?,~~4....... ..."...$$.829,214 ..............$~;'1~?,a(6)> ..........$$,~7'4;34~.....{...>....... .... .........;jp~.a%
MONTHLY FINANCIAL REPORT - FEBRUARY 2000
Water Sales $4,868,869 $2,143,414 $1,669,696 $1,730,758 23.84%
Sewer Sales 1,606,264 751,141 669,277 619,310 21.29%
Sewer Installation 22,000 11,500 9,167 9;577 20.08%
Water Installation 61,600 29,710 25,667 26,816 10.79%
Sewer Tie-on Charges 45,000 16,981 18,750 16.516 2.82%
Engineering Charges 25,000 32,355 10,417 13.685 136.43%
Penalties 145,690 74,319 60,704 63,767 16.55%
Miscellaneous 7,500 4,877 3,125 8,146 -40.13%
I nterest Income
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
2/29/00 2/28/99 (DECREASE) (DECREASE)
GALLONS OF WATER SOLD 741,658,700 590,628,550 151,030,150 25.57%
NUMBER OF WATER CUSTOMERS 7,146 6,908 238 3.45%
Administration
Billing
Operations
Debt Service
Merit Pool
Compensation Study
Transfer to General Fund
$152,529
135,796
4,810,927
1,097,761
22,000
41,628
382,817
$58,536
59,281
1,375,658
771,775
o
o
o
$60,144
59,936
1,381,948
771,775
o
o
o
38.38%
43.65%
28.59%
70.30%
0.00%
0.00%
0.00%
$93,993
76,515
3,435,269
325,986
22,000
41,628
382,817
................................
................................
.........$. .2. ....2... .7. .3. ....8.. .0.. .3..
::::n> ..::::;)t;-:"(f\}..</:::..:.
DRAFT
COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE
MINUTES FEBRUARY 17,2000
I. CALL TO ORDER - The meeting of the Colleyville Historical Preservation
Committee was called to order at 7:25 P.M.
ROLL CALL - Present: Sammie Bolling, Ed Havran, Joe Deupree. Lila Coley.
John Colby, Dwight Packer, Mayor Pro Tern Nelson Thibodeaux and Dianne McWethy,
Assistant City Manager. Absent: Gerald Hartman, Will Aldridge, Susie Aldridge
II. APPROVAL OF MINUTES - There were no minutes to be considered.
III. ELECTION OF CHAIRMAN - Ed Havran nominated Joe Deupree as
Chairman. Dwight Packer nominated Lila Coley. Ms. Coley declined the nomination and
made a motion to close nominations, second by, Dwight Packer. Joe Deupree was elected
Chairman by acclamation. Assistant City Manager, McWethy stated that the City Council
had, by Resolution, amended the number of Committee members to seven and stated that
amendments can be made with additional appointments to the Committee.
The Committee elected to have a regular meeting date set for the second Tuesday
of each month At 7:30 P.M.
IV, FYOO PROJECT PLANNING - Dwight Packer stated that he had been involved
in the planning for Bransford Park and the Section Foreman's House and would like to
continue to be involved in the project. Diane McWethy suggested that the Committee
look at the Master Plan for Bransford Park and the re-alignment of Bransford Road. The
road project is scheduled for April 2000. Ms. McWethy stated that the next step in the
Bransford Park project would be to find a funding source such as a historical grant. She
recommended that the Park and the Webb House be considered together as one project
for funding.
Mayor Pro Tern Thibodeaux recommended that the fill dirt from the re-alignment of
Bransford Rd. be utilized along with available funds on the Bransford Park property at the
same time the road work is being done.
Dwight Packer volunteered to act as liaison to the Park Board and suggested that the
Committee recommend a plan to prepare the Bransford Park site for infrastructure
improvements.
Ed Havran made a motion to appoint Dwight Packer as Chairman of the Bransford Park
Project. The appointment was made without objection.
Dwight Packer will provide a detailed report at the next meeting.
Mayor Pro Tern Thibodeaux suggested that the Committee gIve consideration to
identifying sites for City historical markers.
Lila Coley and Ed Havran will coordinate with Meals on Wheels to arrange a photo
session to copy historical photos at one of the monthly luncheons.
V, OTHER BUSINESS - Diane McWethy announced, in relation to the McPherson
Dairy Park, that a group would leave on Tuesday, Feb. 23 at 8:30 A.M. for a tour of the
Southwest Dairy Museum in Sulphur Springs.
RESOLUTION R-OO-1622
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
MARCH 21, 2000
WHEREAS, Council has taken action on certain items on the agenda under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the agenda decisions approved by Council action under Business this
date and not otherwise adopted by Ordinance and/or separate Resolution,
as follows are hereby adopted:
a. THAT
AND IT IS SO RESOLVED.
APPROVED THIS DAY OF
AYES, NAYS, AND ABSTENTIONS.
, 2000, BY A VOTE OF _
ATTEST:
CITY OF COLLEYVILLE
Jean Harris, TRMC, CMC
City Secretary
Donna Arp
Mayor